IN ADDITION

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/03/22 - 01/09/22 is 18% for Consumer1/Agricultural/Commercial2 credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/03/22 - 01/09/22 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-202105230

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: December 28, 2021


Credit Union Department

Correction of Error

The Credit Union Department (department) published an Application for a Merger or Consolidation in the December 24, 2021, issue of the Texas Register (46 TexReg 9113). Due to an error by the department, incorrect text was included in the second paragraph of the application. The second paragraph of the application should have read as follows:

An application was received from First Service Credit Union (Houston) seeking approval to merge with People’s Trust Federal Credit Union (Houston), with First Service Credit Union being the surviving credit union.

TRD-202105249


Deep East Texas Council of Governments

Solicitation for Public Comment

Notice is hereby given that the Deep East Texas Council of Governments (DETCOG) is seeking input on the Method of Distribution (MOD) for $161,542,000.00 in Community Development Block Grant Mitigation ("CDBG-MIT") funds to provide financial assistance for necessary expenses for activities related to disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, mitigation, and affirmatively furthering fair housing in the most impacted and distressed areas resulting from Presidentially-declared disasters that occurred in 2015, 2016, and 2017. Written and oral comments regarding the MOD will be taken at public hearings scheduled for the following dates, times, and locations:

Thursday, January 13, 2022, at 7:00 p.m. at the Tyler County Senior Citizens Center - 201 Veterans Way, Woodville, Texas 75979.

Tuesday, April 5, 2022, at 7:00 p.m. at the Tyler County Senior Citizens Center - 201 Veterans Way, Woodville, Texas 75979

Additional written comments must be received by DETCOG by 4:30 p.m. on Tuesday, April 5, 2022, Attn: Bob Bashaw, Regional Planner, 1405 Kurth Drive, Lufkin, Texas 75904.

DETCOG will provide for reasonable accommodations for persons attending DETCOG functions. Requests from persons needing special accommodations should be received by DETCOG staff 24-hours prior to the function. The public hearing will be conducted in English and requests for language interpreters or other special communication needs should be made at least 48 hours prior to a function. Please call (936) 634-2247 for assistance.

For information about this posting, please call (936) 634-2247.

Solicitud de comentario público

Por la presente se notifica que el Consejo de Gobiernos del Deep East Texas (DETCOG) está buscando información sobre el Mátodo de Distribución (MOD) por $ 161,542,000.00 en fondos de Mitigaciá de Subvenciones en Bloque para el Desarrollo Comunitario ("CDBG-MIT") para proporcionar asistencia financiera para los gastos necesarios para actividades relacionadas con el socorro en casos de desastre, la recuperación a largo plazo, la restauración de la infraestructura y la vivienda, la revitalización económica, la mitigación y la promoción afirmativa de la vivienda justa en las áreas más afectadas y afectadas como resultado de los principales desastres declarados que ocurrieron en 2015, 2016 y 2017. Escrito y se tomarán comentarios orales sobre el MOD en las audiencias públicas programadas para las siguientes fechas, horas y lugares:

Jueves 13 de enero de 2022, a las 7:00 p.m. en el Centro de Ciudadanos Mayores del Condado de Tyler - 201 Veterans Way, Woodville, Texas 75979.

Martes 5 de abril de 2022, a las 7:00 p.m. en el Centro de Ciudadanos Mayores del Condado de Tyler - 201 Veterans Way, Woodville, Texas 75979

DETCOG debe recibir comentarios adicionales por escrito antes de las 4:30 p.m. el martes 5 de abril de 2222, a la atención de: Bob Bashaw, Regional Planner, 1405 Kurth Drive, Lufkin, Texas 75904.

DETCOG proporcionará adaptaciones razonables para las personas que asistan a las funciones de DETCOG. Las solicitudes de personas que necesiten adaptaciones especiales deben ser recibidas por el personal de DETCOG 24 horas antes de la función. La audiencia pública se llevará a cabo en inglés y las solicitudes de intérpretes de idiomas u otras necesidades especiales de comunicación deben realizarse al menos 48 horas antes de una función. Llame al (936) 634-2247 para obtener ayuda.

Para obtener información sobre esta publicación, llame al (936) 634-2247.

TRD-202105250

Lonnie Hunt

Executive Director

Deep East Texas Council of Governments

Filed: December 29, 2021


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 February 8, 2022. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 8, 2022. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission's enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the AOs shall be submitted to the commission in writing.

(1) COMPANY: El Paso Water Utilities Public Service Board; DOCKET NUMBER: 2021-0537-PWS-E; IDENTIFIER: RN109218115; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.43(d)(2), by failing to provide the facility's pressure tanks with a pressure release device and an easily readable pressure gauge; 30 TAC §290.44(i)(2)(D), by failing to provide a tank vent that faces downward and is located to minimize the possibility of drawing contaminants into the stored water with a 16-mesh or finer corrosion-resistant screen; 30 TAC §290.44(i)(2)(E), by failing to provide the openings of connections for filling and emptying the tank with caps and keeper chains to ensure they are properly protected to prevent the possible entrance of contamination; 30 TAC §290.44(i)(2)(G), by failing to ensure that the discharge side of the pump is properly protected between uses by a protective cap and keeper chains; 30 TAC §290.44(i)(2)(H), by failing to ensure hoses used for the transfer of drinking water to and from the tank are used only for that purpose, are labeled for drinking water only, that the hoses conform to American National Standards Institute/National Sanitation Foundation Standard 61 and are certified by an entity recognized by the commission, that hoses and related appurtenances are cleaned and disinfected on a regular basis during prolonged use or before start-up during intermittent use, and are properly stored between uses and provided with caps and keeper chains or have the ends connected together; and 30 TAC §290.44(i)(2)(L), by failing to maintain operational records detailing the amount of water hauled, purchases, microbiological sampling results, chlorine residual readings, dates of disinfection, and source of water; PENALTY: $9,660; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2571; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(2) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2021-1028-AIR-E; IDENTIFIER: RN102579307; LOCATION: Baytown, Harris County; TYPE OF FACILITY: petrochemical refinery; RULES VIOLATED: 30 TAC §§101.20(3), 116.715(a), and 122.143(4), Flexible Permit Numbers 18287, PSDTX730M4, and PAL7, Special Conditions Number 1, Federal Operating Permit Number O1229, General Terms and Conditions and Special Terms and Conditions Numbers 32 and 36.A, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $50,000; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $25,000; ENFORCEMENT COORDINATOR: Margarita Dennis, (817) 588-5892; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2020-0394-AIR-E; IDENTIFIER: RN102579307; LOCATION: Baytown, Harris County; TYPE OF FACILITY: petrochemical refinery; RULES VIOLATED: 30 TAC §§101.20(3), 116.715(a), and 122.143(4), Flexible Permit Numbers 18287, PSDTX730M4, and PAL7, Special Conditions Number 1, Federal Operating Permit Number O1229, General Terms and Conditions and Special Terms and Conditions Numbers 32 and 36.A, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $26,250; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $10,500; ENFORCEMENT COORDINATOR: Margarita Dennis, (817) 588-5892; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(4) COMPANY: Katco Vacuum Truck Service, L.P.; DOCKET NUMBER: 2021-0384-MSW-E; IDENTIFIER: RN101686665; LOCATION: Hebbronville, Jim Hogg County; TYPE OF FACILITY: oil field services facility; RULES VIOLATED: 30 TAC §§324.15, 327.5(a)(5) and (6), 334.75(b), and 40 Code of Federal Regulations §279.22(d), by failing to immediately remove and manage waste from discharges or spills of used oil, and failing to immediately abate and contain discharges or spills of petroleum products that are less than 25 gallons from aboveground storage tanks; and 30 TAC §328.23(a), by failing to store used oil filters in a manner that does not result in a discharge of oil into soil; PENALTY: $3,150; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(5) COMPANY: K-Solv Chemicals, LLC; DOCKET NUMBER: 2021-1006-AIR-E; IDENTIFIER: RN100616721; LOCATION: Channelview, Harris County; TYPE OF FACILITY: a bulk petrochemical transfer and storage terminal; RULES VIOLATED: 30 TAC §101.201(a)(1)(B) and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit an initial notification for a reportable emissions event no later than 24 hours after the discovery of an emissions event; and 30 TAC §106.6(b), Permit by Rule Registration Number 150670, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $11,413; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(6) COMPANY: Magna Properties, Ltd.; DOCKET NUMBER: 2021-0395-PWS-E; IDENTIFIER: RN105736474; LOCATION: Orange, Orange County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to obtain a sanitary control easement that covers the land within 150 feet of the facility's well; 30 TAC §290.41(c)(3)(K), by failing to provide a well casing vent for the well that is covered with a 16-mesh or finer corrosion-resistant screen, facing downward, elevated, and located so as to minimize the drawing of contaminants into the well; 30 TAC §290.41(c)(3)(M), by failing to provide a suitable sampling tap on the discharge pipe of the facility's well pump prior to any treatment; 30 TAC §290.41(c)(3)(N), by failing to provide flow-measuring devices for each well to measure production yields and provide for the accumulation of water production data; 30 TAC §290.41(c)(3)(O) and §290.42(m), by failing to provide an intruder-resistant fence or well house around each treatment plant, well unit, and related appurtenances that remains locked during periods of darkness and when the facility is unattended; 30 TAC §290.42(e)(5), by failing to properly cover the hypochlorination solution container to prevent the entrance of dust, insects, and other contaminants; 30 TAC §290.42(l), by failing to compile and maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.44(h)(1)(A), by failing to ensure additional protection was provided at all residences or establishments where an actual or potential contamination hazard exists in the form of an air gap or a backflow prevention assembly, as identified in 30 TAC §290.47(f); 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 minimum disinfectant residual of 0.2 milligram per liter of free chlorine throughout the distribution system at all times; 30 TAC §290.46(f)(2) and (3)(A)(i)(III), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director upon request; 30 TAC §290.46(m)(1)(B), by failing to inspect the facility's pressure tank annually; 30 TAC §290.46(n)(2), by failing to make available an accurate and up-to-date map of the distribution system so that valves and mains can be easily located during emergencies; 30 TAC §290.46(t), by failing to post a legible sign at the facility's production, treatment, and storage facilities that contains the name of the facility and an emergency telephone number where a responsible official can be contacted; 30 TAC §290.46(v), by failing to securely install all water system electrical wiring in compliance with a local or national electrical code; 30 TAC §290.110(c)(4)(A), by failing to monitor the disinfectant residual at representative locations throughout the distribution system at least once every seven days; and 30 TAC §290.121(a) and (b), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the public water system will use to comply with the monitoring requirements; PENALTY: $20,457; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(7) COMPANY: San Miguel Electric Cooperative, Incorporated; DOCKET NUMBER: 2020-0622-AIR-E; IDENTIFIER: RN100226539; LOCATION: Christine, Atascosa County; TYPE OF FACILITY: electric power generation plant; RULES VIOLATED: 30 TAC §§101.20(2), 113.1300, 116.115(b)(2)(F) and (c), and 122.143(4), 40 Code of Federal Regulations §63.10005(a), New Source Review Permit Number 4180A, Special Conditions Number 1, Federal Operating Permit Number O85, General Terms and Conditions and Special Terms and Conditions Numbers 1 and 10, and Texas Health and Safety Code, §382.085(b), by failing to comply with the emissions limit and maximum allowable emissions rate; PENALTY: $18,600; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $14,880; ENFORCEMENT COORDINATOR: Johnnie Wu, (512) 239-2524; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(8) COMPANY: THE MILESTONE VENTURES LLC dba Lakeway Country Store; DOCKET NUMBER: 2021-0383-PST-E; IDENTIFIER: RN105869853; LOCATION: Texarkana, Bowie County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(4)(C) and TWC, §26.3475(d), by failing to inspect and test the corrosion protection system for operability at a frequency of at least once every three years; and 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tanks (USTs) for releases in a manner which will detect a release at a frequency of at least once every 30 days, and failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $6,875; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(9) COMPANY: Vander Horst Enterprises, LLC; DOCKET NUMBER: 2021-0883-AGR-E; IDENTIFIER: RN102095635; LOCATION: Dublin, Erath County; TYPE OF FACILITY: concentrated animal feeding operation; RULES VIOLATED: 30 TAC §305.125(1) and (4) and §321.31(a), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0003094000, Part VI.A, by failing to prevent the unauthorized discharge of agricultural waste into or adjacent to any water in the state; PENALTY: $2,813; ENFORCEMENT COORDINATOR: Steven Van Landingham, (512) 239-5717; REGIONAL OFFICE: 580-D West Lingleville Road, Stephenville, Texas 76401-2209, (817) 588-5800.

TRD-202105232

Charmaine Backens

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: December 28, 2021


Combined Notice of Public Meeting, Notice of Receipt of Application and Intent to Obtain Water Quality Permit and Notice of Application and Preliminary Decision for TPDES Permit for Municipal Wastewater New Permit No. WQ0015977001

APPLICATION AND PRELIMINARY DECISION. FM 2920 Land Company, Ltd., 2000 West Parkwood Avenue, Friendswood, Texas 77546, has applied to the Texas Commission on Environmental Quality (TCEQ) for new Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0015977001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 120,000 gallons per day. TCEQ received this application on April 15, 2021.

This combined notice is being issued to ensure all persons on the county wide mailing list for Harris County receive notice of draft TPDES Permit No. WQ0015977001. The Notice of Receipt of Application and Intent to Obtain Water Quality Permit and Notice of Application and Preliminary Decision for TPDES Permit for Municipal Wastewater New were previously mailed to the county wide mailing list for Galveston County.

The facility will be located on Farm-to-Market Road 2920 approximately 550 feet east of the intersection of Farm-to-Market Road 2920 and Three Pines Drive, in Harris County, Texas 77447. The treated effluent will be discharged to a man-made ditch, thence to Spring Creek in Segment No. 1008 of the San Jacinto River Basin. The unclassified receiving water uses are minimal aquatic life use for the man-made ditch and high aquatic life use for Spring Creek. The designated uses for Segment No. 1008 are primary contact recreation, public water supply, and high aquatic life use. In accordance with 30 Texas Administrative Code §307.5 and the TCEQ implementation procedures (June 2010) for the Texas Surface Water Quality Standards, an antidegradation review of the receiving waters was performed. A Tier 1 antidegradation review has preliminarily determined that existing water quality uses will not be impaired by this permit action. Numerical and narrative criteria to protect existing uses will be maintained. A Tier 2 review has preliminarily determined that no significant degradation of water quality is expected in Spring Creek, which has been identified as having high aquatic life use. Existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received. This link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice. For the exact location, refer to the application.

https://tceq.maps.arcgis.com/apps/webappviewer/index.html?id=db5bac44afbc468bbddd360f8168250f&marker=-95.743055%2C30.079722&level=12

The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at Northwest Branch Library, 11355 Regency Green Drive, Cypress, Texas.

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

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

The Public Meeting is to be held:

Monday, February 7, 2022 at 7:00 p.m.

Members of the public who would like to ask questions or provide comments during the meeting may access the meeting via webcast by following this link: https://www.gotomeeting.com/webinar/join-webinar and entering Webinar ID 492-287-019. It is recommended that you join the webinar and register for the public meeting at least 15 minutes before the meeting begins. You will be given the option to use your computer audio or to use your phone for participating in the webinar.

Those without internet access must call (512) 239-1201 at least one day prior to the meeting to register for the meeting and to obtain information for participating telephonically. Members of the public who wish to only listen to the meeting may call, toll free, (562) 247-8422 and enter access code 441-900-719. Additional information will be available on the agency calendar of events at the following link:

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

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

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material, or significant public comments. Unless the application is directly referred for a contested case hearing, the response to comments will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the Executive Director's decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court.

TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, address, phone number; applicant's name and proposed permit number; the location and distance of your property/activities relative to the proposed facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; a list of all disputed issues of fact that you submit during the comment period; and the statement "[I/we] request a contested case hearing." If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group's representative for receiving future correspondence; identify by name and physical address an individual member of the group who would be adversely affected by the proposed facility or activity; provide the information discussed above regarding the affected member's location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group's purpose.

Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

The Commission may only grant a request for a contested case hearing on issues the requestor submitted in their timely comments that were not subsequently withdrawn. If a hearing is granted, the subject of a hearing will be limited to disputed issues of fact or mixed questions of fact and law relating to relevant and material water quality concerns submitted during the comment period. TCEQ may act on an application to renew a permit for discharge of wastewater without providing an opportunity for a contested case hearing if certain criteria are met.

EXECUTIVE DIRECTOR ACTION. The Executive Director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the Executive Director will not issue final approval of the permit and will forward the application and request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

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

All written public comments and public meeting requests must be submitted to the Office of the Chief Clerk, MC 105, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at www14.tceq.texas.gov/epic/eComment/ within 30 days from the date of newspaper publication of this notice or by the date of the public meeting, whichever is later.

INFORMATION AVAILABLE ONLINE. For details about the status of the application, visit the Commissioners' Integrated Database at www.tceq.texas.gov/goto/cid. Search the database using the permit number for this application, which is provided at the top of this notice.

AGENCY CONTACTS AND INFORMATION. Public comments and requests must be submitted either electronically at www14.tceq.texas.gov/epic/eComment/, or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. Any personal information you submit to the TCEQ will become part of the agency's record; this includes email addresses. For more information about this permit application or the permitting process, please call the TCEQ Public Education Program, Toll Free, at (800) 687-4040 or visit their website at www.tceq.texas.gov/goto/pep. Si desea información en español, puede llamar al (800) 687-4040.

Further information may also be obtained from FM 2920 Land Company, Ltd. at the address stated above or by calling Mr. Phi Nguyen, P.E., Senior Project Engineer, Ward, Getz & Associates, at (713) 489-9568.

Issuance Date: December 29, 2021

TRD-202105251

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 29, 2021


Enforcement Orders

An agreed order was adopted regarding BEST DEVELOPMENT COMPANY, LLC, Docket No. 2020‑0282‑WQ‑E on December 28, 2021, assessing $7,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, 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 BEST DEVELOPMENT COMPANY, LLC, Docket No. 2020‑0931‑WQ‑E on December 28, 2021, assessing $7,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, 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 3AR INC dba Handy Stop, Docket No. 2020‑1384‑PST‑E on December 28, 2021, assessing $6,101 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cynthia Sirois, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

TRD-202105244

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 28, 2021


Notice of Application and Preliminary Decision for TPDES Permit for Municipal Wastewater Renewal and Notice of Pretreatment Program Substantial Modification

Notice Issued December 28, 2021

APPLICATION NO. WQ0014416001; City of Denton, 1100 South Mayhill Road, Denton, Texas 76208, has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014416001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. TCEQ received this application on April 30, 2021. The facility is located approximately 1,200 feet east of Farm-to-Market Road 428 and north of Hartlee Field Road, in Denton County, Texas 76208. The treated effluent is discharged to Pond, thence to Pond 2, thence to Clear Creek, thence to Lewisville Lake in Segment No. 0823 of the Trinity River Basin. The unclassified receiving water use is high aquatic life use for Clear Creek. The designated uses for Segment No. 0823 are primary contact recreation, public water supply, and high aquatic life use. All determinations are preliminary and subject to additional review and/or revisions. This link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice. For the exact location, refer to the application.

https://tceq.maps.arcgis.com/apps/webappviewer/index.html?id=db5bac44afbc468bbddd360f8168250f&marker=-97.065833%2C33.28&level=12

The applicant has also applied to the TCEQ for approval of a substantial modification to its approved pretreatment program under the TPDES program. Approval of the request for modification to the pretreatment program will allow the applicant to incorporate the Streamlining Rule requirements and revise the ordinance, enforcement response plan, and standard operating procedures (including forms) which incorporate such revisions. The request for approval complies with both federal and State requirements. The substantial modification will be approved without change if no substantive comments are received within 30 days of notice publication. The TCEQ Executive Director has completed the technical review of the application, pretreatment program substantial modification, and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The Executive Director has also made a preliminary decision that the requested substantial modification to the approved pretreatment program, if approved, meets all statutory and regulatory requirements. The permit application, Executive Director's preliminary decision, pretreatment program substantial modification, and draft permit are available for viewing and copying at City of Denton Service Center, 901 Texas Street, Suite A, Denton, Texas.

You may submit public comments or request a public meeting about this application or on the application for substantial modification of the pretreatment program. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application or the application for substantial modification of the pretreatment program. TCEQ holds a public meeting if the Executive Director determines that there is a significant degree of public interest in the application, or the application for substantial modification of the pretreatment program, or if requested by a local legislator. A public meeting is not a contested case hearing.

After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material, or significant public comments. Unless the application is directly referred for a contested case hearing, the response to comments will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the Executive Director's decision. There is no opportunity to request a contested case hearing on the application for substantial modification of the pretreatment program. A contested case hearing is a legal proceeding similar to a civil trial in a state district court.

TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, address, phone number; applicant's name and proposed permit number; the location and distance of your property/activities relative to the proposed facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; a list of all disputed issues of fact that you submit during the comment period; and the statement "[I/we] request a contested case hearing."

If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group's representative for receiving future correspondence; identify by name and physical address an individual member of the group who would be adversely affected by the proposed facility or activity; provide the information discussed above regarding the affected member's location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group's purpose. Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

The Commission may only grant a request for a contested case hearing on issues the requestor submitted in their timely comments that were not subsequently withdrawn. If a hearing is granted, the subject of a hearing will be limited to disputed issues of fact or mixed questions of fact and law relating to relevant and material water quality concerns submitted during the comment period. TCEQ may act on an application to renew a permit for discharge of wastewater without providing an opportunity for a contested case hearing if certain criteria are met.

The Executive Director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the Executive Director will not issue final approval of the permit and will forward the application and request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

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

All written public comments and public meeting requests must be submitted to the Office of the Chief Clerk, MC 105, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at www14.tceq.texas.gov/epic/eComment/ within 30 days from the date of newspaper publication of this notice.

For details about the status of the application, visit the Commissioners' Integrated Database at www.tceq.texas.gov/goto/cid. Search the database using the permit number for this application, which is provided at the top of this notice.

Public comments and requests must be submitted either electronically at www14.tceq.texas.gov/epic/eComment/, or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. Any personal information you submit to the TCEQ will become part of the agency's record; this includes email addresses.

For more information about this permit application, the application for a substantial modification of the pretreatment program, or the permitting process, please call the TCEQ Public Education Program, toll free, at (800) 687-4040 or visit their website at www.tceq.texas.gov/goto/pep. Si desea información en español, puede llamar al (800) 687-4040. Further information may also be obtained from City of Denton at the address stated above or by calling Mr. William "Rusty" Willard, City of Denton, at (940) 349-8601.

TRD-202105246

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 28, 2021


Notice of Correction to Agreed Order Number 3

In the August 6, 2021, issue of the Texas Register (46 TexReg 4863), the Texas Commission on Environmental Quality (commission) published notice of Agreed Orders, specifically Item Number 3, for DOLPHIN WORLD, INCORPORATED, Docket Number 2021-0265-PST-E. The error is as submitted by the commission.

The reference to the penalty should be corrected to read: "$8,223".

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

TRD-202105233

Charmaine Backens

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: December 28, 2021


Notice of Hearing; Fernando Silos; SOAH Docket No. 582-22-1008; TCEQ Docket No. 2021-1412-LIC

APPLICATION. Fernando Silos, 3031 Karla Drive, Mesquite, Texas 75150, has applied to the Texas Commission on Environmental Quality (TCEQ) for a Backflow Prevention Assembly License. The Executive Director denied Mr. Silos's application for cause. Mr. Silos has requested a formal hearing on the Executive Director's decision. During the review of Mr. Silos's application, the Executive Director discovered that Mr. Silos received deferred adjudication for a Class B Misdemeanor, a First-Degree Felony, three Third Degree Felonies and was convicted of a State Jail Felony. The Executive Director denied Mr. Silos's application because he was convicted of a misdemeanor and felonies that directly relate to the duties and responsibilities of the licensed occupation.

CONTESTED CASE HEARING. The State Office of Administrative Hearings (SOAH) will conduct a preliminary hearing via Zoom videoconference. A Zoom meeting is a secure, free meeting held over the internet that allows video, audio, or audio/video conferencing.

10:00 a.m. - January 27, 2022

To join the Zoom meeting via computer:

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

Meeting ID: 160 457 3166

Password: gVhkR3

or

To join the Zoom meeting via telephone:

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

Meeting ID: 160 457 3166

Password: 275094

The purpose of a preliminary hearing is to establish jurisdiction, name the parties, establish a procedural schedule for the remainder of the proceeding, provide an opportunity for settlement discussions, and address other matters as determined by the administrative law judge. The preliminary hearing will be held unless all timely hearing requests are withdrawn or the parties agree to waive the preliminary hearing.

The evidentiary phase of the contested case hearing, to be held at a later date, will be a legal proceeding similar to a civil trial in state district court to determine whether Mr. Silos should be issued a Backflow Prevention Assembly. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. If Fernando Silos fails to appear at the preliminary hearing or evidentiary hearing, the Executive Director will request that the hearing be canceled, and that appeal of the Executive Director's decision be dismissed.

SOAH's rules allow for participation by telephone or videoconference. Permission must be obtained from SOAH at least ten days before the hearing.

Legal Authority: Texas Water Code Chapters 5 and 37; Texas Occupations Code Chapter 53; Texas Government Code, Chapter 2001; 30 Texas Administrative Code (TAC) Chapter 30, and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapters 70 and 80 and 1 TAC Chapter 155.

INFORMATION. For information concerning the hearing process, please contact the TCEQ Office of Public Interest Counsel, MC 103, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-6363. Further information regarding this hearing may be obtained by contacting Hollis Henley, Staff Attorney, TCEQ, Environmental Law Division, MC 173, P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2253. General information about the TCEQ can be found at our web site at www.tceq.texas.gov. General information about SOAH can be found on its website at www.soah.texas.gov/index.asp, or by calling (512) 475-4993.

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

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

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

Issued: December 23, 2021

TRD-202105245

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 28, 2021


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Order (DO). The commission staff proposes a DO when the staff has sent the Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 8, 2022. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of the proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on February 8, 2022. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The commission's attorney is available to discuss the DO and/or the comment procedure at the listed phone number; however, TWC, §7.075, provides that comments on the DO shall be submitted to the commission in writing.

(1) COMPANY: Thirsty Parrot, LLC; DOCKET NUMBER: 2019-0200-PWS-E; TCEQ ID NUMBER: RN105232177; LOCATION: 13200 Farm-to-Market Road 359 near Monaville, Waller County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.41(c)(3)(M), by failing to provide a suitable sampling cock on the discharge pipe of the facility's well pump prior to treatment; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.41(c)(3)(N), by failing to provide a flow-measuring device for the well to measure production yields and provide for the accumulation of water production data; Texas Health and Safety Code, §341.035(a), 30 TAC §290.39(e)(1) and (h)(1), and TCEQ Agreed Order (AO) Docket Number 2013-0215-PWS-E, Ordering Provision Number 2.b.ii, by failing to submit plans and specifications to the executive director (ED) for review and approval prior to the construction of a new public water supply; 30 TAC §290.41(c)(3)(A) and TCEQ AO Docket Number 2013-0215-PWS-E, Ordering Provision Number 2.b.i, by failing to submit well completion data for review and approval prior to placing the facility's public drinking water well into service; and 30 TAC §290.110(e)(4)(B), by failing to retain Disinfectant Level Quarterly Operating Reports and provide a copy if requested by the ED; PENALTY: $820; STAFF ATTORNEY: John S. Merculief II, Litigation, MC 175, (512) 239-6944; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-202105238

Charmaine Backens

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: December 28, 2021


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 8, 2022. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building 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 February 8, 2022. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: MAUKA WATER, LTD.; DOCKET NUMBER: 2020-0700-PWS-E; TCEQ ID NUMBER: RN101174977; LOCATION: 3305 Westview Drive, Venus, Johnson County; TYPE OF FACILITY: public water system; RULES VIOLATED: Texas Health and Safety Code, §341.0315(c), 30 TAC §290.45(b)(1)(D)(i), and TCEQ Default Order Docket Number 2017-1658-PWS-E, Ordering Provision Number 3.c.ii, by failing to provide two or more wells having a total well capacity of 0.6 gallons per minute per connection; PENALTY: $937; STAFF ATTORNEY: Judy Bohr, Litigation, MC 175, (512) 239-5807; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: YGRIEGA ENVIRONMENTAL SERVICES, LLC; DOCKET NUMBER: 2019-1579-MSW-E; TCEQ ID NUMBER: RN107742637; LOCATION: 410 North 87th Street, Edinburg, Hidalgo County; TYPE OF FACILITY: used oil transfer facility; RULES VIOLATED: 40 Code of Federal Regulations (CFR) §112.3 and §112.7, 30 TAC §328.28 and TCEQ AO Docket Number 2014-1887-MSW-E, Ordering Provision Number 2.b.i, by failing to develop a plan to prevent spills and respond to spills in accordance with the federal spill prevention, control, and countermeasure requirements provided by 40 CFR Part 112; and 30 TAC §§37.2011, 324.22(c), and 328.24(e) and TCEQ AO Docket Number 2014-1887-MSW-E, Ordering Provision Number 2.b.vii, by failing to provide evidence of financial responsibility to assure that the facility has sufficient assets to provide for proper soil remediation and closure; PENALTY: $20,039; STAFF ATTORNEY: Clayton Smith, Litigation, MC 175, (512) 239-6224; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

TRD-202105235

Charmaine Backens

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: December 28, 2021


Notice of Water Quality Application

The following notice was issued on December 23, 2021.

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 OF THE ISSUED DATE OF THE NOTICE.

INFORMATION SECTION

SWWC Utilities, Inc. has applied for a minor amendment to the TPDES Permit No. WQ0015837001 to authorize an increase in the Interim I phase from a daily average flow of 0.10 MGD to a daily average flow of 0.135 MGD and the Interim II phase from a daily average flow of 0.20 MGD to a daily average flow of 0.27 MGD. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility will be located approximately 2,450 feet south of Brazoria County Road 51 (Cannon Road) and 1,100 feet west of State Highway 288, in Brazoria County, Texas 77583.

TRD-202105227

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: December 27, 2021


Texas Health and Human Services Commission

Criminal History Requirements for Child Care Operations

(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 charts are not included in the print version of the Texas Register. The charts are available in the on-line version of the January 7, 2022, issue of the Texas Register.)

26 Texas Administrative Code §745.661 (relating to What types of criminal convictions may affect a subject's ability to be present at an operation?) states that the three charts listed in subsection (a) of the section will be updated annually and published every January for public comment in the Texas Register as an "In Addition" document. Questions or comments about the content of the proposed changes may be directed to Child Care Regulation at (512) 438-3269.

Written comments may be submitted by email to ryan.malsbary@hhs.texas.gov or mailed to:

Ryan Malsbary, Policy and Program Operations Program Specialist

Child Care Regulation, Health and Human Services Commission

P.O. Box 149030

Mail Code E550

Austin, Texas 78751

Any comments must be received within 30 days of publication in the Texas Register.

The three charts are titled: (1) Licensed or Certified Child Care Operations: Criminal History Requirements; (2) Foster or Adoptive Placements: Criminal History Requirements; and (3) Registered Child Care Homes and Listed Family Homes: Criminal History Requirements. Each chart has three parts: an introduction that identifies the types of operations each chart covers, defines certain terms used in the chart, and clarifies certain assumptions; a Table of Contents; and the applicable chart.

Changes made to the charts include:

(1) deleting a reference to independent foster homes in the introduction of the chart for Licensed or Certified Child Care Operations;

(2) changing the responses for both felony and misdemeanor level offenses to Penal Code §43.02, Prostitution, in the chart for Licensed or Certified Child Care Operations;

(3) changing the response for the felony level offense to Penal Code §43.02, Prostitution, in the chart for Registered Child Care Homes and Listed Family Homes;

(4) adding Penal Code §43.021, Solicitation of Prostitution, to all three charts;

(5) adding Penal Code §46.04 Unlawful Possession of Firearm, to all three charts;

(6) correcting the offense title for Penal Code §46.05, Prohibited Weapons, in all three charts, so that the reference includes a misdemeanor in addition to a felony;

(7) relocating Penal Code §46.08, Hoax Bombs, in the chart for Foster or Adoptive Homes;

(8) incorporating Family Code §107.111, Child Custody Evaluator Access to Investigative Records of Department, which was previously known by a different offense title and section number, into all three charts;

(9) correcting the response for the misdemeanor level offense to Code of Criminal Procedure §62.102, Failure to Comply with Sex Offender Registration Requirements, in all three charts;

(10) correcting several of the column titles naming codes of statute; and

(11) making nonsubstantive changes.

Licensed or Certified Child Care Operations: Criminal History Requirements (.pdf)

Foster or Adoptive Placements: Criminal History Requirements (.pdf)

Registered Child Care Homes and Listed Family Homes: Criminal History Requirements (.pdf)

TRD-202105229

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: December 27, 2021


Public Notice - Texas State Plan for Medical Assistance Amendment

The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.

The purpose of the amendment is to adjust the payment rate methodology for Primary Home Care attendant base wages. The amendment is proposed in order to implement the requirements of the 2020-21 General Appropriations Act, House Bill 1, 86th Legislature, Regular Session, 2019 (Article II, HHSC, Rider 45). The proposed amendment is effective January 1, 2022.

The proposed amendment is estimated to result in an annual aggregate expenditure of $840,353 for the remainder of federal fiscal year (FFY) 2021, consisting of $571,524 in federal funds and $268,829 in state general revenue. For FFY 2022, the estimated annual aggregate expenditure is $655,081, consisting of $418,597 in federal funds and $236,484 in state general revenue. For FFY 2023, the estimated annual aggregate expenditure is $873,441, consisting of $522,929 in federal funds and $350,512 in state general revenue.

Further detail on specific reimbursement rates and percentage changes is available on the HHSC Provider Finance website under the proposed effective date at: http://pfd.hhs.texas.gov/rate-packets.

Rate Hearing. A rate hearing was held on November 12, 2021, at 9:00 a.m. in Austin, Texas. Information about the proposed rate change and the hearing can be found in the October 29, 2021, issue of the Texas Register on page 7454 at http://www.sos.state.tx.us/texreg/index.shtml.

Copy of Proposed Amendment. To obtain a copy of the proposed amendment, interested parties may contact Holly Freed, State Plan Team Lead, by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, Texas 78711; by telephone at (512) 428-1932; by facsimile at (512) 730-7472; or by email at Medicaid_Chip_SPA_Inquiries@hhsc.state.tx.us. At this time, HHSC is encouraging communications be sent via email. Copies of the proposed amendment will be available for review at the local county offices of HHSC, (which were formerly the local offices of the Texas Department of Aging and Disability Services).

Written Comments. Written comments and/or requests to review comments may be sent by U.S. mail, overnight mail, special delivery mail, hand delivery, fax, or email:

U.S. Mail

Texas Health and Human Services Commission

Attention: Provider Finance, Mail Code H-400

P.O. Box 149030

Austin, Texas 78714-9030

Overnight mail, special delivery mail, or hand delivery

Texas Health and Human Services Commission

Attention: Provider Finance, Mail Code H-400

North Austin Complex

4601 W Guadalupe Street

Austin, Texas 78751

Phone number for package delivery: (512) 730-7401

Fax

Attention: Provider Finance at (512) 730-7475

Email

PFD-LTSS@hhs.texas.gov

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

TRD-202105248

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: December 29, 2021


Department of State Health Services

Licensing Actions for Radioactive Materials (.pdf)

TRD-202105261

Cynthia Hernandez

General Counsel

Department of State Health Services

Filed: December 29, 2021


Texas Department of Insurance

Notice

Notice of TWIA Policy Form Filings

Texas Windstorm Insurance Association--Declarations Pages Filings

Reference Nos. P-1221-26, P-1221-27, P-1221-28, P-1221-29, P-1221-30, P-1221-31, P-1221-32, P-1221-33, and P-1221-34

SERFF State Tracking Nos. S697749, S697750, S697751, S697752, S697753, S697757, S697758, S697759, and S697760

In accordance with 28 TAC §5.4911, the Texas Windstorm Insurance Association (TWIA) has filed the following revised declarations pages with the Texas Department of Insurance for approval:

-- Residential - Dwelling

-- Residential - Tenant

-- Residential - Condominium

-- Residential - Manufactured Homes

-- Commercial - Building and Business Personal Property

-- Commercial - Condominium Building Master

-- Commercial - Habitational (Not Condominium)

-- Commercial - Business Property Only

-- Commercial - Builders Risk

TWIA is revising its residential and commercial declarations pages as part of implementing an upgraded policy administration system, planned for release in April 2022. TWIA notes that the information in the revised declarations pages will be easier to read than, and substantially similar to, its existing declarations pages.

You can see the revised declarations pages, TWIA's explanation of the filings, and other supporting information at www.tdi.texas.gov/submissions/indextwia.html#form. You can also get a copy of the filings from the Office of the Chief Clerk, MC-GC-CCO, Texas Department of Insurance, P.O. Box 12030, Austin, Texas 78711-2030.

Public Comment: Send comments to ChiefClerk@tdi.texas.gov or to the Office of the Chief Clerk, MC-GC-CCO, Texas Department of Insurance, P.O. Box 12030, Austin, Texas 78711-2030 by 5:00 p.m., central time, on February 7, 2022.

Hearing Requests: To request a public hearing about the filings, you must submit a request separately by 5:00 p.m., central time, on January 27, 2022. Send the request for a hearing by email to ChiefClerk@tdi.texas.gov or by mail to the Texas Department of Insurance, Office of the Chief Clerk, MC-GC-CCO, P.O. Box 12030, Austin, Texas 78711-2030.

TRD-202105234

James Person

General Counsel

Texas Department of Insurance

Filed: December 28, 2021


Texas Lottery Commission

Scratch Ticket Game Number 2357 "$50,000 POKER"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2357 is "$50,000 POKER". The play style is "cards - poker".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2357 shall be $5.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2357.

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: 2 OF CLUBS SYMBOL, 3 OF CLUBS SYMBOL, 4 OF CLUBS SYMBOL, 5 OF CLUBS SYMBOL, 6 OF CLUBS SYMBOL, 7 OF CLUBS SYMBOL, 8 OF CLUBS SYMBOL, 9 OF CLUBS SYMBOL, 10 OF CLUBS SYMBOL, J OF CLUBS SYMBOL, Q OF CLUBS SYMBOL, K OF CLUBS SYMBOL, A OF CLUBS SYMBOL, 2 OF SPADES SYMBOL, 3 OF SPADES SYMBOL, 4 OF SPADES SYMBOL, 5 OF SPADES SYMBOL, 6 OF SPADES SYMBOL, 7 OF SPADES SYMBOL, 8 OF SPADES SYMBOL, 9 OF SPADES SYMBOL, 10 OF SPADES SYMBOL, J OF SPADES SYMBOL, Q OF SPADES SYMBOL, K OF SPADES SYMBOL, A OF SPADES SYMBOL, $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $75.00, $100, $200, $500, $2,500 and $50,000. The possible red Play Symbols are: 2 OF DIAMONDS SYMBOL, 3 OF DIAMONDS SYMBOL, 4 OF DIAMONDS SYMBOL, 5 OF DIAMONDS SYMBOL, 6 OF DIAMONDS SYMBOL, 7 OF DIAMONDS SYMBOL, 8 OF DIAMONDS SYMBOL, 9 OF DIAMONDS SYMBOL, 10 OF DIAMONDS SYMBOL, J OF DIAMONDS SYMBOL, Q OF DIAMONDS SYMBOL, K OF DIAMONDS SYMBOL, A OF DIAMONDS SYMBOL, 2 OF HEARTS SYMBOL, 3 OF HEARTS SYMBOL, 4 OF HEARTS SYMBOL, 5 OF HEARTS SYMBOL, 6 OF HEARTS SYMBOL, 7 OF HEARTS SYMBOL, 8 OF HEARTS SYMBOL, 9 OF HEARTS SYMBOL, 10 OF HEARTS SYMBOL, J OF HEARTS SYMBOL, Q OF HEARTS SYMBOL, K OF HEARTS SYMBOL and A OF HEARTS SYMBOL.

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

Figure 1: GAME NO. 2357 - 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 (2357), 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: 2357-0000001-001.

H. Pack - A Pack of the "$50,000 POKER" Scratch Ticket Game contains 075 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the Pack; the back of Ticket 075 will be revealed on the back of the Pack. All packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack. Every other Pack will reverse; i.e., reverse order will be: the back of Ticket 001 will be shown on the front of the Pack and the front of Ticket 075 will be shown on the back of the Pack.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "$50,000 POKER" Scratch Ticket Game No. 2357.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "$50,000 POKER" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose sixty-five (65) Play Symbols. If any of the player's YOUR HANDS beats (has a higher ranking than) the DEALER'S HAND, the player wins the PRIZE for that HAND. (See back of ticket for RANKING OF POKER HANDS. Only YOUR HANDS combinations listed in the RANKING OF POKER HANDS can be used to beat the DEALER'S HAND.) No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly sixty-five (65) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The Scratch Ticket shall be intact;

6. The Serial Number and Game-Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Scratch Ticket;

8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The Scratch Ticket must not be counterfeit in whole or in part;

10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner;

11. The Scratch Ticket must not have been stolen, nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number and Game-Pack-Ticket Number must be right side up and not reversed in any manner;

13. The Scratch Ticket must be complete and not miscut, and have exactly sixty-five (65) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-Ticket Number on the Scratch Ticket;

14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously;

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

16. Each of the sixty-five (65) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the sixty-five (65) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

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

C. A Ticket can win up to ten (10) times.

D. On winning and Non-Winning Tickets, the top cash prizes of $2,500 and $50,000 will each appear at least once, excluding Tickets winning ten (10) times.

E. None of the YOUR HANDS in HAND 1 - HAND 10 will have a combination listed in the RANKING OF POKER HANDS shown on the back of the Ticket that matches the DEALER'S HAND (i.e., if any of the YOUR HANDS in HAND 1 - HAND 10 has a Straight, then the DEALER'S HAND will not have a Straight; if any of the YOUR HANDS in HAND 1 - HAND 10 has a Flush, then the DEALER'S HAND will not have a Flush, etc.). This includes not having One Pair in any of the YOUR HANDS in HAND 1 - HAND 10 and One Pair in the DEALER'S HAND regardless of the rank of the One Pairs (i.e., if any of the YOUR HANDS in HAND 1 - HAND 10 has One Pair of 8 Card Play Symbols, then the DEALER'S HAND will not have One Pair of Jack Card Play Symbols). This applies to all the combinations listed in the RANKING OF POKER HANDS and HANDS that do not have a combination listed in the RANKING OF POKER HANDS.

F. If none of the YOUR HANDS in HAND 1 - HAND 10 have a combination listed in the RANKING OF POKER HANDS shown on the back of the Ticket, the DEALER'S HAND will have one (1) of the combinations listed in the RANKING OF POKER HANDS, and therefore the Ticket will be non-winning.

G. If the DEALER'S HAND does not have a combination listed in the RANKING OF POKER HANDS shown on the back of the Ticket, all of the YOUR HANDS in HAND 1 - HAND 10 will have one (1) of the combinations listed in the RANKING OF POKER HANDS, and therefore the Ticket will win ten (10) times and will win as per the prize structure.

H. On all Tickets, Card Play Symbols 2 - Ace, regardless of suit, will be used.

I. Ace Card Play Symbols are considered high when creating a Royal Flush, Straight Flush and a Straight.

J. On winning and Non-Winning Tickets, it is possible for one (1) or more of the YOUR HANDS in HAND 1 - HAND 10 to not have any of the combinations listed in the RANKING OF POKER HANDS shown on the back of the Ticket.

K. An Ace Card Play Symbol will never appear with a 2 Card Play Symbol, a 3 Card Play Symbol, a 4 Card Play Symbol and a 5 Card Play Symbol in the same HAND.

L. A wraparound Straight Flush or Straight (i.e., a Queen Card Play Symbol, a King Card Play Symbol, an Ace Card Play Symbol, a 2 Card Play Symbol and a 3 Card Play Symbol) will never appear in any HAND.

M. Two (2) YOUR HANDS in HAND 1 - HAND 10 will not have matching five (5) Card Play Symbols, in any order.

N. There will not be matching Card Play Symbols in the same HAND.

O. There will not be matching Card Play Symbols in adjacent (horizontal, vertical or diagonal) play spots.

P. A Card Play Symbol will not appear more than two (2) times on a Ticket.

Q. A Card Play Symbol that appears in any of the YOUR HANDS in HAND 1 - HAND 10 will never match a Card Play Symbol that appears in the DEALER'S HAND.

R. The DEALER'S HAND will never have a Royal Flush or a Straight Flush.

S. In HAND 1 - HAND 10, a Royal Flush, a Straight Flush and a Straight will always appear in ascending order from left to right.

T. In the DEALER'S HAND, a Straight will appear in ascending order from left to right and top to bottom. The Card Play Symbol with the lowest rank will appear in the top left play spot and the Card Play Symbol with the highest rank will appear in the bottom right play spot.

U. If any HAND has Four of a Kind, the four (4) Card Play Symbols of the same rank will be in adjacent play spots.

V. If any HAND has a Full House, the three (3) Card Play Symbols of the same rank will be in adjacent play spots and the two (2) Card Play Symbols of the same rank will be in adjacent play spots.

W. If any HAND has a Flush, the five (5) non-consecutive Card Play Symbols of the same suit will be in ascending order from left to right.

X. If any HAND has Three of a Kind, the three (3) Card Play Symbols of the same rank will be in adjacent play spots.

Y. If any HAND has Two Pair, one (1) pair of the two (2) Card Play Symbols of the same rank will be in adjacent play spots and the second pair of the two (2) Card Play Symbols of the same rank will be in adjacent play spots.

Z. If any HAND has One Pair, the two (2) Card Play Symbols of the same rank will be in adjacent play spots.

AA. On winning and Non-Winning Tickets, there will be no more than two (2) matching non-winning Prize Symbols.

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

CC. Prize Symbols will always appear in black.

DD. On all Tickets, there will never be two (2) or more Card Play Symbols of the same rank in vertically adjacent play spots of the HAND 1 - HAND 10 play area.

2.3 Procedure for Claiming Prizes.

A. To claim a "$50,000 POKER" Scratch Ticket Game prize of $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $75.00, $100, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $25.00, $50.00, $75.00, $100, $200 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "$50,000 POKER" Scratch Ticket Game prize of $2,500 or $50,000, the claimant must sign the winning Scratch Ticket and may present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

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

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

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

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

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

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

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "$50,000 POKER" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "$50,000 POKER" 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 10,080,000 Scratch Tickets in Scratch Ticket Game No. 2357. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2357 - 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. 2357 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. 2357, 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-202105228

Bob Biard

General Counsel

Texas Lottery Commission

Filed: December 27, 2021