Office of Consumer Credit Commissioner
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 06/01/20 - 06/07/20 is 18% for Consumer1/Agricultural/Commercial2 credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/01/20 - 06/07/20 is 18% for Commercial over $250,000.
1 Credit for personal, family or household use.
2 Credit for business, commercial, investment or other similar purpose.
TRD-202002152
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 26, 2020
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 July 6, 2020. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 6, 2020. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission's enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the AOs shall be submitted to the commission in writing.
(1) COMPANY: Arkema Incorporated; DOCKET NUMBER: 2020-0235-AIR-E; IDENTIFIER: RN100209444; LOCATION: Houston, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §122.143(4) and §122.146(2), Federal Operating Permit Number O1551, General Terms and Conditions and Special Terms and Conditions Number 13, and Texas Health and Safety Code, §382.085(b), by failing to submit a permit compliance certification within 30 days of any certification period; PENALTY: $5,137; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(2) COMPANY: Blue Bell Manor Utility Co., Incorporated; DOCKET NUMBER: 2020-0195-PWS-E; IDENTIFIER: RN101177707; LOCATION: Houston, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(f)(2) and (3), (3)(A)(i)(III) and (ii), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director upon request; PENALTY: $50; ENFORCEMENT COORDINATOR: Jée Willis, (512) 239-1115; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(3) COMPANY: Charles Johnson; DOCKET NUMBER: 2020-0251-WQ-E; IDENTIFIER: RN108755828; LOCATION: Livingston, Polk County; TYPE OF FACILITY: aggregate production operation; RULE VIOLATED: 30 TAC §342.25(b), by failing to register the site as an aggregate production operation no later than the tenth business day before the beginning date of regulated activities; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(4) COMPANY: City of Lone Star; DOCKET NUMBER: 2020-0180-MWD-E; IDENTIFIER: RN101920056; LOCATION: Lone Star, Morris County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0014365001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $1,563; ENFORCEMENT COORDINATOR: Had Darling, (512) 239-2520; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(5) COMPANY: DG RV Properties, LLC; DOCKET NUMBER: 2020-0226-PWS-E; IDENTIFIER: RN108378654; LOCATION: Cleveland, San Jacinto County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(e)(1) and (h)(1) and Texas Health and Safety Code, §341.035(a), and TCEQ Agreed Order Docket Number 2015-0970-PWS-E, Ordering Provision Number 2.e, by failing to submit plans and specifications to the executive director for review and approval prior to the establishment of a new public water supply; PENALTY: $60; ENFORCEMENT COORDINATOR: Aaron Vincent, (512) 239-0855; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(6) COMPANY: Erling Johnson, LLC; DOCKET NUMBER: 2020-0207-PWS-E; IDENTIFIER: RN101194496; LOCATION: Buchanan Dam, Llano County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.106(e), by failing to provide the results of beryllium sampling to the executive director (ED) for the January 1, 2019 - March 31, 2019, and April 1, 2019 - June 30, 2019, monitoring periods; 30 TAC §290.106(f)(3)(C) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.004 milligram per liter for beryllium based on a running annual average; 30 TAC §290.117(e)(2), (h), and (i)(3), by failing to conduct water quality parameter sampling at each of the facility's entry points and the required distribution sample sites, have the samples analyzed, and report the results to the ED for the July 1, 2018 - December 31, 2018, and January 1, 2019 - June 30, 2019, monitoring periods; and 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st for each year, and failing to submit to the TCEQ by July 1st for each year a copy of the annual CCR and certification that the CCR is correct and consistent with compliance monitoring data for calendar year 2018; PENALTY: $1,735; ENFORCEMENT COORDINATOR: Julianne Dewar, (817) 588-5861; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.
(7) COMPANY: Galveston County; DOCKET NUMBER: 2020-0200-PST-E; IDENTIFIER: RN101737179; LOCATION: League City, Galveston County; TYPE OF FACILITY: emergency generator; RULES VIOLATED: 30 TAC §334.10(b)(2), by failing to assure that all underground storage tank (UST) recordkeeping requirements are met; 30 TAC §334.42(i) and TWC, §26.3475(c)(2), by failing to inspect all sumps, manways, overspill containers or catchment basins associated with an UST system at least once every 60 days to assure that their sides, bottoms, and any penetration points are maintained liquid tight; and 30 TAC §334.50(b)(1)(A) and (2)(B)(i) and TWC, §26.3475(b) and (c)(1), by failing to monitor the USTs in a manner which will detect a release at a frequency of at least once every 30 days and failing to provide release detection for the suction piping associated with the UST system; PENALTY: $5,512; ENFORCEMENT COORDINATOR: Hailey Johnson, (512) 239-1756; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(8) COMPANY: JACKSON WATER SUPPLY CORPORATION; DOCKET NUMBER: 2020-0098-PWS-E; IDENTIFIER: RN101177194; LOCATION: Tyler, Smith County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and §290.122(b)(2)(A) and (f) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) of 0.080 milligrams per liter (mg/L) for total trihalomethanes (TTHM), based on the locational running annual average, and failing to provide public notification and submit a copy of the public notification, accompanied with a signed Certificate of Delivery, to the executive director (ED) regarding the failure to comply with the MCL of 0.080 mg/L for TTHM for Stage 2 Disinfection Byproducts (DBP2) at Site 2 for the third quarter of 2019; 30 TAC §290.122(b)(3)(A) and (f), by failing to provide public notification and submit a copy of the public notification, accompanied with a signed Certificate of Delivery, to the ED regarding the failure to comply with the MCL of 0.080 mg/L for TTHM for DBP2 at Site 1 for the third quarter of 2017; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of each public notification, accompanied with a signed Certificate of Delivery, to the ED regarding the failure to submit a Disinfection Level Quarterly Operating Report to the ED by the tenth day of the month following each quarter for the second quarter of 2018 and regarding the failure to collect, within 24 hours of notification of the routine distribution total coliform-positive samples on March 14, 2018, at least one raw groundwater source Escherichia coli (or other approved fecal indicator) sample from each active groundwater source in use at the time of the distribution coliform-positive samples were collected; and 30 TAC §290.272 and §290.274(a), by failing to meet the adequacy, availability, and/or content requirements for the Consumer Confidence Report for the year 2018; PENALTY: $3,267; ENFORCEMENT COORDINATOR: Samantha Duncan, (512) 239-2511; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(9) COMPANY: MarkWest Oklahoma Gas Company, L.L.C.; DOCKET NUMBER: 2020-0211-AIR-E; IDENTIFIER: RN105609333; LOCATION: Wheeler, Wheeler County; TYPE OF FACILITY: natural gas compression station; RULES VIOLATED: 30 TAC §122.143(4) and §122.145(2)(B) and (C), Federal Operating Permit Number O3124/General Operating Permit Number 514, Site-wide Requirements Number (b)(5), and Texas Health and Safety Code, §382.085(b), by failing to submit a deviation report for at least each six-month period after permit issuance and failing to submit the deviation report no later than 30 days after the end of each reporting period; PENALTY: $2,438; ENFORCEMENT COORDINATOR: Toni Red, (512) 239-1704; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(10) COMPANY: MAXEY ENERGY COMPANY dba Uvalde Bulk Plant; DOCKET NUMBER: 2020-0035-PST-E; IDENTIFIER: RN101469567; LOCATION: Uvalde, Uvalde County; TYPE OF FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Karolyn Kent, (512) 239-2536; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(11) COMPANY: Monarch Utilities I L.P.; DOCKET NUMBER: 2020-0221-PWS-E; IDENTIFIER: RN101380848; LOCATION: Granbury, Hood County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.080 milligrams per liter for total trihalomethanes, based on the locational running annual average; PENALTY: $3,510; ENFORCEMENT COORDINATOR: Amanda Conner, (512) 239-2521; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(12) COMPANY: Monarch Utilities I L.P.; DOCKET NUMBER: 2020-0246-PWS-E; IDENTIFIER: RN101281004; LOCATION: Flint, Smith County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to comply with the maximum contaminant level (MCL) of 0.080 milligrams per liter (mg/L) for total trihalomethanes, based on the locational running annual average; and 30 TAC §290.115(f)(1) and THSC, §341.0315(c), by failing to comply with the MCL of 0.060 mg/L for haloacetic acids based on the locational running annual average; PENALTY: $3,450; ENFORCEMENT COORDINATOR: Jée Willis, (512) 239-1115; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(13) COMPANY: Oxy Vinyls, LP; DOCKET NUMBER: 2020-0120-AIR-E; IDENTIFIER: RN102518065; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: polyvinyl chloride plant; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), New Source Review Permit Numbers 18384 and N002, Special Conditions Number 1, Federal Operating Permit Number O1362, 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: $3,038; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $1,215; ENFORCEMENT COORDINATOR: Richard Garza, (512) 239-2697; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(14) COMPANY: Phillips 66 Company; DOCKET NUMBER: 2019-1729-AIR-E; IDENTIFIER: RN102495884; LOCATION: Borger, Hutchinson County; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §§101.20(3), 111.111(a)(4)(A), 116.115(c), 116.715(a), and 122.143(4), Flexible Permit Numbers 9868A and PSDTX102M7, Special Conditions Numbers (SC) 1 and 24, New Source Review Permit Number 80799, SC Number 1, Federal Operating Permit Number O1440, General Terms and Conditions and Special Terms and Conditions Number 17, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $19,689; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $7,876; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(15) COMPANY: Rescar Companies; DOCKET NUMBER: 2020-0237-AIR-E; IDENTIFIER: RN100234681; LOCATION: Orange, Orange County; TYPE OF FACILITY: railcar painting and blast cleaning facility; RULES VIOLATED: 30 TAC §122.143(4) and §122.145(2)(C), Federal Operating Permit (FOP) Number O1532, General Terms and Conditions (GTC), and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit a deviation report no later than 30 days after the end of each reporting period; and 30 TAC §122.143(4) and §122.146(2), FOP Number O1532, GTC and Special Terms and Conditions Number 10, and THSC, §382.085(b), by failing to submit a permit compliance certification within 30 days of any certification period; PENALTY: $7,125; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(16) COMPANY: SOUTHWESTERN PUBLIC SERVICE COMPANY; DOCKET NUMBER: 2020-0248-WDW-E; IDENTIFIER: RN100224641; LOCATION: Amarillo, Potter County; TYPE OF FACILITY: power plant; RULES VIOLATED: 30 TAC §331.64(d), 40 Code of Federal Regulations §146.67(f), and Waste Disposal Well (WDW) Permit Number 342 Provision Number VII.(E) Operating Parameters, by failing to use and maintain continuous recording devices in proper operating condition at all times at WDW Permit Number 342; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Carlos Molina, (512) 239-2557; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.
(17) COMPANY: Tic Toc Food Store Incorporated; DOCKET NUMBER: 2020-0229-PST-E; IDENTIFIER: RN101432219; LOCATION: Grand Prairie, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $3,694; ENFORCEMENT COORDINATOR: Karolyn Kent, (512) 239-2536; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(18) COMPANY: Town of Lakewood Village; DOCKET NUMBER: 2020-0201-PWS-E; IDENTIFIER: RN102682309; LOCATION: Little Elm, Denton County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(j) and Texas Health and Safety Code, §341.0351, by failing to notify the executive director and receive approval prior to making any significant change or addition to the systems production, treatment, storage, pressure maintenance, or distribution facilities; and 30 TAC §290.42(e)(3)(D), by failing to provide facilities for determining the amount of disinfectant used daily and the amount of disinfectant remaining for use; PENALTY: $105; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(19) COMPANY: Valero Partners Lucas, LLC; DOCKET NUMBER: 2020-0232-AIR-E; IDENTIFIER: RN100210426; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: petroleum storage; RULES VIOLATED: 30 TAC §116.115(c), New Source Review Permit Number 7585, Special Conditions Number 1, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(20) COMPANY: Wal-Mart Stores Texas, LLC; DOCKET NUMBER: 2020-0171-EAQ-E; IDENTIFIERS: RN104234679, RN102618154, RN100716190, RN102653946, RN101690451; LOCATIONS: Georgetown and Round Rock, Williamson County; Austin, Travis County; and San Antonio, Bexar County; TYPE OF FACILITY: commercial development; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer Protection Plan prior to commencing a regulated activity over the Edwards Aquifer Recharge Zone and the Edwards Aquifer Transition Zone; PENALTY: $9,563; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.
TRD-202002139
Charmaine Backens
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 26, 2020
APPLICATION. D&K Stocker Investments, LLC, 5116 Sun Valley Drive, Fort Worth, Texas 76119-6410 has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls Registration Number 160169 to authorize the operation of a concrete batch plant. The facility is proposed to be located at 989 Kennedy Lane, Saginaw, Tarrant County, Texas 76131. This application is being processed in an expedited manner, as allowed by the commission's rules in 30 Texas Administrative Code, Chapter 101, Subchapter J. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=32.856613&lng=-97.346649&zoom=13&type=r. This application was submitted to the TCEQ on February 18, 2020. The primary function of this plant is to manufacture concrete by mixing materials including (but not limited to) sand, aggregate, cement and water. The executive director has determined the application was technically complete on March 5, 2020.
PUBLIC COMMENT / PUBLIC HEARING. Public written comments about this application may be submitted at any time during the public comment period. The public comment period begins on the first date notice is published and extends to the close of the public hearing. Public comments may be submitted either in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087, or electronically at www14.tceq.texas.gov/epic/eComment/. Please be aware that any contact information you provide, including your name, phone number, email address and physical address will become part of the agency's public record.
A public hearing has been scheduled, that will consist of two parts, an informal discussion period and a formal comment period. During the informal discussion period, the public is encouraged to ask questions of the applicant and TCEQ staff concerning the application, but comments made during the informal period will not be considered by the executive director before reaching a decision on the permit, and no formal response will be made to the informal comments. During the formal comment period, members of the public may state their comments into the official record. Written comments about this application may also be submitted at any time during the hearing. The purpose of a public hearing is to provide the opportunity to submit written comments or an oral statement about the application. The public hearing is not an evidentiary proceeding.
The Public Hearing is to be held:
Thursday, June 18, 2020, at 6:00 p.m.
Members of the public may listen to the hearing by calling, toll free, (562) 247-8321 and entering access code 994-640-090. Members of the public who would like to ask questions or provide comments during the hearing may access the meeting via webcast by following this link: https://www.gotomeeting.com/webinar/join-webinar and entering Webinar ID 989-423-971. Those without internet access may call (512) 239-1201 before the hearing begins for assistance in accessing the hearing and participating telephonically.
Additional information will be available on the agency calendar of events at the following link: https://www.tceq.texas.gov/agency/decisions/hearings/calendar.html.
RESPONSE TO COMMENTS. A written response to all formal comments will be prepared by the executive director after the comment period closes. The response, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments and the response to comments will be posted in the permit file for viewing.
The executive director shall approve or deny the application not later than 35 days after the date of the public hearing, considering all comments received within the comment period, and base this decision on whether the application meets the requirements of the standard permit.
CENTRAL/REGIONAL OFFICE. The application will be available for viewing and copying at the TCEQ Central Office and the TCEQ Dallas/Fort Worth Regional Office, located at 2309 Gravel Dr, Fort Worth, Texas 76118-6951, during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, beginning the first day of publication of this notice.
INFORMATION. If you need more information about this permit application or the permitting process, please call the Public Education Program toll free at (800) 687-4040. Si desea información en español, puede llamar al (800) 687-4040.
Further information may also be obtained from D&K Stocker Investments, LLC, 5116 Sun Valley Drive, Fort Worth, Texas 76119-6410, or by calling Ms. Monique Wells, Environmental Consultant, CIC Environmental LLC at (512) 292-4314.
Amended Notice Issuance Date: May 7, 2020
TRD-202002168
Bridget C. Bohac
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 27, 2020
In the May 22, 2020, issue of the Texas Register (45 TexReg 3536), the Texas Commission on Environmental Quality published notice of an Administrative Settlement Agreement and Order on Consent for Certain Response Action Activities by Bona Fide Prospective Purchaser. The error is as submitted by the commission.
The name of the Purchaser was incorrectly identified as Trammell Crow Company. The reference to the Purchaser should be corrected to: "Conroe Logistics Center, LLC."
TRD-202002140
Charmaine Backens
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 26, 2020
APPLICATION.
Lone Star Ports, LLC, 14 Birchwood Park Place, The Woodlands, Texas 77382-2026, has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of Proposed Air Quality Permit Number 157150, which would authorize construction of the Harbor Island Marine Terminal located adjacent to Highway 361 & northeast of ferry landing, Port Aransas, Nueces County, Texas 78336. This application was processed in an expedited manner, as allowed by the commission's rules in 30 Texas Administrative Code (TAC), Chapter 101, Subchapter J. This application was submitted to the TCEQ on May 31, 2019. The proposed facility will emit the following contaminants: carbon monoxide, hazardous air pollutants, hydrogen sulfide, nitrogen oxides, organic compounds, particulate matter including particulate matter with diameters of 10 microns or less and 2.5 microns or less and sulfur dioxide. As a public courtesy, we have provided the following Web page to an online map of the site or the facility's general location. The online map is not part of the application or the notice: <https://tceq.maps.arcgis.com/apps/webappviewer/index.html?id=db5bac44afbc468bbddd360f8168250f&marker=-97.071666%2C27.851111&level=12>. For the exact location, refer to the application.
The TCEQ Executive Director has prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The permit application, executive director's preliminary decision, and draft permit are available for viewing and copying at the TCEQ central office, the TCEQ Corpus Christi Regional Office, and at the Anita and W.T. Neyland Public Library, 1230 Carmel Parkway, Corpus Christi, Nueces County. These documents may also be viewed online at https://disorboconsult.box.com/s/u6jhxa9m5d1kvugzl5e9qdujeb4wpi2t. The facility's compliance file, if any exists, is available for public review at the TCEQ Corpus Christi Regional Office, NRC Building Suite 1200, 6300 Ocean Dr, Unit 5839, Corpus Christi, Texas.
DIRECT REFERRAL.
The Notice of Application and Preliminary Decision was published on November 28, 2019. On April 1, 2020, the Applicant filed a request for direct referral to the State Office of Administrative Hearings (SOAH). Therefore, the chief clerk has referred this application directly to SOAH for a hearing on whether the application complies with all applicable statutory and regulatory requirements.
CONTESTED CASE HEARING.
Considering directives to protect public health, the State Office of Administrative Hearings (SOAH) will conduct a preliminary hearing via Zoom videoconference on the date listed below. A Zoom meeting is a secure, free meeting held over the internet that allows video, audio, or audio/video conferencing.
10:00 a.m. - June 30, 2020
To join the Zoom meeting via computer:
www.zoom.us/join
Meeting ID: 956-2043-3280
Password: 3QCi0N
or
To join the Zoom meeting via telephone:
(346) 248-7799
Meeting ID: 956-2043-3280
Password: 580189
or
To join the Zoom meeting via Smart Device:
Download the free app
Meeting ID: 956-2043-3280
Password: 3QCi0N
Additional details and methods for joining the Zoom meeting are available online at: https://www.tceq.texas.gov/assets/public/comm_exec/agendas/comm/backup/SOAH/Lone Star Ports LLC/LSPZoomInfo.pdf
Visit the SOAH website for registration at: http://www.soah.texas.gov/
or call SOAH at (512) 475-4993.
The purpose of a preliminary hearing is to establish jurisdiction, name the parties, establish a procedural schedule for the remainder of the proceeding, and to address other matters as determined by the judge. The evidentiary hearing phase of the proceeding, which will occur at a later date, will be similar to a civil trial in state district court. The hearing will be conducted in accordance with Chapter 2001, Texas Government Code; Chapter 382, Texas Health and Safety Code; TCEQ rules including 30 TAC Chapter 116, Subchapters A and B; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155.
To request to be a party, you must attend the hearing and show you would be affected by the application in a way not common to the general public. Any person may attend the hearing and request to be a party. Only persons named as parties may participate in the contested case proceeding.
MAILING LIST.
You may ask to be placed on a mailing list to obtain additional information on this application by sending a request to the Office of the Chief Clerk at the address below.
AGENCY CONTACTS AND INFORMATION.
Public comments and requests must be submitted either electronically at www.tceq.texas.gov/agency/decisions/cc/comments.html, or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. If you communicate with the TCEQ electronically, please be aware that your email address, like your physical mailing address, will become part of the agency's public record. For more information about this permit application, the permitting process, or the contested case hearing process, please call the Public Education Program toll free at (800) 687‑4040. Si desea información en español, puede llamar al (800) 687-4040. General information regarding the TCEQ may be obtained electronically at www.tceq.texas.gov.
In accordance with 1 Texas Administrative Code §155.401(a), Notice of Hearing, "Parties that are not represented by an attorney may obtain information regarding contested case hearings on the public website of the State Office of Administrative Hearings at www.soah.texas.gov, or in printed format upon request to SOAH."
INFORMATION.
If you need more information about the hearing process for this application, please call the Public Education Program, toll free, at (800) 687‑4040. General information regarding the TCEQ can be found at www.tceq.texas.gov.
Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-4993, at least one week prior to the hearing.
Further information may also be obtained from Lone Star Ports, LLC at the address stated above or by calling Mr. Neal A. Nygaard, Chief Operating Officer Principal, DiSorbo Consulting, LLC at (713) 955-1221.
Issued: May 26, 2020
TRD-202002167
Bridget C. Bohac
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 27, 2020
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 July 6, 2020. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.
A copy of the proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on July 6, 2020. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The commission's attorney is available to discuss the DO and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the DO shall be submitted to the commission in writing.
(1) COMPANY: Khaled Hassan dba Corner Store; DOCKET NUMBER: 2019-0744-PST-E; TCEQ ID NUMBER: RN101843407; LOCATION: 1808 West Gentry Parkway, Tyler, Smith County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; TWC, §26.3475(c)(1) and 30 TAC §334.50(d)(1)(B)(ii), by failing to conduct reconciliation of detailed inventory control records at least once every 30 days in a manner sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through for the 30-day period plus 130 gallons; and 30 TAC §334.10(b)(2), by failing to assure that all UST recordkeeping requirements are met; PENALTY: $4,921; STAFF ATTORNEY: Taylor Pearson, Litigation Division, MC 175, (512) 239-5937; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
TRD-202002146
Charmaine Backens
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 26, 2020
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 July 6, 2020. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on July 6, 2020. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on an AO shall be submitted to the commission in writing.
(1) COMPANY: Allen Watts dba Lago Vista Water System; DOCKET NUMBER: 2019-1165-PWS-E; TCEQ ID NUMBER: RN102676350; LOCATION: 1918 South State Highway 80, Luling, Guadalupe County; TYPE OF FACILITY: public water system (PWS); RULES VIOLATED: 30 TAC §290.46(v), by failing to ensure that all electrical wiring is securely installed in compliance with a local or national electrical code. Specifically, the electrical wiring for the well and pump house was not in conduit; 30 TAC §290.43(c)(4), by failing to ensure that all clearwells and water storage tanks have a liquid level indicator located at the tank site; 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 facility will use to comply with the monitoring requirements; 30 TAC §290.46(n)(1), by failing to maintain accurate and up-to-date detailed as-built plans or record drawings and specifications for each treatment plant, pump station, and storage tanks at the PWS until the facility is decommissioned; 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. Specifically, the records of the amount of each chemical used each week were not available; 30 TAC §290.42(l), by failing to maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.46(t), by failing to post a legible sign at the facility's production, treatment, and storage facilities in plain view that contains the name of the facility and an emergency telephone number where a responsible official can be contacted. Specifically, the ownership sign posted on the pump house was faded and the contact information was not legible; 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. Specifically, the facility was overgrown with trees and shrubs, the well meter was inoperable, and the barbed wire was not angled outward at a 45-degree angle; 30 TAC §290.41(c)(1)(F), by failing to obtain a sanitary control easement for all land within 150 feet of the facility's well; 30 TAC §290.46(m)(1)(A), by failing to conduct an annual inspection of the facility's ground storage tank; 30 TAC §290.46(n)(2), by failing to provide an accurate and up-to-date map of the distribution system so that valves and mains can be easily located during emergencies; 30 TAC §290.46(i), by failing to adopt an adequate plumbing ordinance, regulations, or service agreement with provisions for proper enforcement to ensure that neither cross-connections nor other unacceptable plumbing practices are permitted; 30 TAC §290.43(c)(3), by failing to cover the overflow's discharge opening with a gravity-hinged and weighted cover, an elastomeric duckbill valve, or other approved device to prevent the entrance of insects and other nuisances, which closes automatically and fits tightly with no gap over 1/16 inch. Specifically, the overflow did not have a gravity-hinged and weighted cover; 30 TAC §290.110(c)(4)(A), by failing to monitor the disinfectant residual at representative locations in the distribution system at least once every seven days; and Texas Health and Safety Code, §341.033(a) and 30 TAC §290.46(e)(4)(A), by failing to use a water works operator who holds a Class "D" or higher license; PENALTY: $3,286; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(2) COMPANY: Carol Mahan, Tanner Mahan, Holly P. Wright, and Tyler O. Wright; DOCKET NUMBER: 2018-1447-WR-E; TCEQ ID NUMBER: RN104076856; LOCATION: San Saba River, Menard County; TYPE OF FACILITY: real property; RULES VIOLATED: 30 TAC §297.51 and Certificate of Adjudication Number 14-1841A, Time Limitation Number 4 and Special Condition Number 5.A., by failing to commence or complete construction within the time specified in the permit. Specifically, respondents failed to complete construction of a gate within the dam within six months of issuance of Certification of Adjudication Number 14-1841A, or by June 13, 2017; PENALTY: $4,000; STAFF ATTORNEY: Clayton Smith, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.
(3) COMPANY: City of Rosebud; DOCKET NUMBER: 2019-0353-PWS-E; TCEQ ID NUMBER: RN101392322; LOCATION: 716 North Stallworth Street, Rosebud, Falls County; TYPE OF FACILITY: public water system (PWS); RULES VIOLATED: 30 TAC §290.44(h)(4), by failing to have all backflow prevention assembly devices tested upon installation and on an annual basis by a recognized backflow assembly tester and certify that they are operating within specifications. Specifically, the backflow prevention assembly devices at the wastewater treatment plant and the health clinic were not tested annually; 30 TAC §290.110(c)(5)(B)(iii), by failing to monitor nitrite and nitrate (as nitrogen) quarterly at the first customer for systems that have chloramines present; Texas Health and Safety Code, §341.0315(c) and 30 TAC §290.45(f)(4), by failing to provide water purchase contract that authorizes a maximum daily purchase rate, or a uniform purchase rate in the absence of a specified daily purchase rate, plus an actual production capacity at the system, of at least 0.56 gallon per minute (gpm) per connection, as the approved alternative capacity requirement. Specifically, with 742 connections and no production capacity at the system, the facility is required to provide 415.5 gpm in contracted production capacity to meet the approved alternative capacity requirement. But the facility's purchase water contract only provided 400 gpm, indicating a 3.7% deficiency; and 30 TAC §290.46(f)(2) and (3)(E)(iv), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director upon request. Specifically, copies of Customer Service Inspection reports were not available; PENALTY: $525; STAFF ATTORNEY: John S. Merculief II, Litigation Division, MC 175, (512) 239-6944; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(4) COMPANY: Martha Guidry; DOCKET NUMBER: 2019-0869-MSW-E; TCEQ ID NUMBER: RN109748004; LOCATION: east side of County Road 170, approximately 2000 feet south of the intersection of County Road 170 and County Road 178, San Augustine, San Augustine County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) site; RULE VIOLATED: 30 TAC §330.15 (a) and (c), by causing, suffering, allowing, or permitting the unauthorized disposal of MSW. Specifically, approximately 49 cubic yards of MSW consisting of household goods, including miscellaneous metal items, aerosol cans, furniture, paint cans, shingles, tiles, dry wall, plastic five-gallon buckets, plastic bottles, plastic toys, a rocking horse, and a cabinet were disposed of at the site; PENALTY: $1,188; STAFF ATTORNEY: Vas Manthos, Litigation Division, MC 175, (512) 239-0181; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
TRD-202002145
Charmaine Backens
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 26, 2020
The Texas Commission on Environmental Quality (commission) is accepting written comment on the proposed revisions to §§319.1, 319.2, 319.4 - 319.9, 319.11, 319.12, 319.22, 319.23, 319.25, 319.28, and 319.29; and the repeal of §319.3 of 30 Texas Administrative Code Chapter 319, General Regulations Incorporated Into Permits.
The proposed rulemaking would clarify the procedures for approval of alternate test procedures, remove inconsistencies, improve rule structure, and improve readability.
Written comments may be submitted to Andreea Vasile, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: https://www6.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2019-115-319-OW. The comment period closes July 6, 2020. Copies of the proposed rulemaking can be obtained from the commission's website at https://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Sarah A. Johnson, Water Quality Division, (512) 239-4649.
TRD-202002013
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 21, 2020
The Texas Commission on Environmental Quality (commission) is accepting written comments regarding the proposed revisions to 30 Texas Administrative Code (TAC) Chapter 325, Hazardous Substances Inventory, proposed repeal of §§325.1 - 325.3 and simultaneous proposal of new §§325.1 - 325.4.
This proposed rulemaking would repeal and replace the existing rules, remove obsolete references, provide consistency with federal rules, provide clarity to definitions, and add requirements stemming from the new online reporting system. In addition, the proposed rulemaking would include changes to reduce the number of consolidated filings of multiple Tier II reports.
Written comments may be submitted to Gwen Ricco, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: https://www6.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2020-015-325-CE. The comment period closes July 6, 2020. Copies of the proposed rulemaking can be obtained from the commission's website at https://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Melinda Johnston, Critical Infrastructure Division, (512) 239-5832.
TRD-202002018
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 21, 2020
Application. City of Denton, 1527 S. Mayhill Road, Denton, Texas 76208, owner/operator of a Type I Municipal Solid Waste Disposal Facility, has applied to the Texas Commission on Environmental Quality (TCEQ) for a major permit amendment to authorize the vertical and lateral expansion of the waste limits, a lateral expansion of the permit boundary of the City of Denton Landfill, incorporate all previously authorized processing operations and activities, add a Class 1 nonhazardous industrial waste disposal cell, and change the name of the facility to City of Denton ECO-Waste to Energy, Recycling, Composting, and Solar (ECO-W. E. R. C. S.) Complex. The facility is located at 1527 S. Mayhill Road, Denton, Texas 76208 in Denton County. The TCEQ received this application on February 10, 2017. The following link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice: https://arcg.is/DSnPC. For exact location, refer to application.
The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements.
Public Comment/Public Meeting. 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. Response will be provided orally during the Informal Discussion Period. During the Formal Discussion Period on the permit application, members of the public may state their formal comments orally into the official record. A written response to all formal comments will be prepared by the Executive Director. All formal comments will be considered before a decision is reached on the permit application. A copy of the written response will be sent to each person who submits a formal comment or who requested to be on the mailing list for this permit application and provides a mailing address. Only relevant and material issues raised during the Formal Comment Period can be considered if a contested case hearing is granted on this permit application.
The Public Meeting is to be held:
Thursday, June 25, 2020 at 7:00 p.m.
Members of the public who would like to ask questions or provide comments during the meeting may access the meeting via webcast by following this link: https://www.gotomeeting.com/webinar/join-webinar and entering Webinar ID 392-880-443. Those without internet access may call (512) 239-1201 before the meeting begins for assistance in accessing the meeting and participating telephonically. Members of the public who wish to only listen to the meeting may call, toll free, (631) 992-3221 and enter access code 796-132-832.
Las personas que deseen escuchar o participar en la reunión en español pueden llamar al (844) 368-7161 e ingresar el código de acceso 904535#. Para obtener más información o asistencia, comuníquese con Jaime Fernández al (512) 239-2566.
Additional information will be available on the agency calendar of events at the following link: https://www.tceq.texas.gov/agency/decisions/hearings/calendar.html.
Information. Citizens are encouraged to submit written comments anytime during the meeting or by mail before the close of the public comment period to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at https://www14.tceq.texas.gov/epic/eComment/. Please note that the end of the public comment period is at the close of the public meeting. If you need more information about the permit application or the permitting process, please call the TCEQ Public Education Program, toll free, at (800) 687-4040. General information can be found at our Web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.
The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at 1527 S. Mayhill Road, Denton, Texas 76208. The permit application, Executive Director's preliminary decision, and draft permit may also be viewed online at http://www.team-psc.com/engineering-sector/solid-waste/tceq-permits/. Further information may also be obtained from the City of Denton at the address stated above or by calling Mr. Brian Boerner at (940) 349-8001.
Persons with disabilities who need special accommodations at the meeting should call the Office of the Chief Clerk at (512) 239-3300 or (800) RELAY-TX (TDD) at least one week prior to the meeting.
Issued Date: May 22, 2020
TRD-202002169
Bridget C. Bohac
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 27, 2020
The following notices were issued on May 20, 2020, and May 22, 2020.
The following does not require publication in a newspaper. Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin Texas 78711-3087 WITHIN 30 DAYS OF THE ISSUED DATE OF THE NOTICE.
City of Pottsboro has applied for a minor amendment to the Texas Pollutant Discharge Elimination System Permit No. WQ0010591001 to authorize the addition of Interim II phase with a maximum daily flow not to exceed 0.65 million gallon per day. The facility is located at 219 Reeves Road, in Pottsboro, Grayson County, Texas 75076.
The following does not require publication in a newspaper. Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin Texas 78711-3087 WITHIN 30 DAYS OF THIS NOTICE PUBLISHED IN THE TEXAS REGISTER.
INFORMATION SECTION
Porter Municipal Utility District has applied for a minor amendment to Texas Pollutant Discharge Elimination System Permit No. WQ0012242001 to authorize adding an interim phase of 1.9 million gallons per day (MGD). The facility is located at 24816 Cunningham Drive, in Montgomery County, Texas 77365.
If you need more information about these permit applications or the permitting process, please call the TCEQ Public Education Program, Toll Free, at (800) 687-4040. General information about the TCEQ can be found at our web site at www.TCEQ.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.
TRD-202002170
Bridget C. Bohac
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 27, 2020
Order Amending the Schedules of Controlled Substances
The Acting Administrator of the Drug Enforcement Administration (DEA) issued a temporary scheduling order to extend the temporary schedule I status of N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (Other name: valeryl fentanyl); N-(4-Methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (Other name: p-methoxybutyryl fentanyl); N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (Other name: p-chloroisobutyryl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (Other name: isobutyryl fentanyl); and, N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (Other name: cyclopentyl fentanyl).
This rule was published in the Federal Register, Volume 85, Number 20, pages 5321-5361. The effective date of the temporary rule was February 1, 2020. This action was taken for the following reason:
Valeryl fentanyl; p-methoxybutyryl fentanyl; p-chloroisobutyryl fentanyl; isobutyryl fentanyl; cyclopentyl fentanyl are being considered for permanent placement into Schedule I of the CSA. An extension of the temporary scheduling action is necessary until the permanent scheduling proceeding is completed.
The DEA adopts without changes an interim final rule published in the Federal Register on June 17, 2019, placing solriamfetol ((R)-2-amino-3-phenylpropyl carbamate) (Other names: benzenepropanol; &bgr;-amino-carbamate (ester)) including its salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible in Schedule IV of the CSA. The DEA maintains solriamfetol in schedule IV of the CSA. The rule was published in the Federal Register, Volume 85, Number 4, pages 643-645. The effective date of the rule was January 7, 2020. This action was taken for the following reason:
The DEA concurs with the Department of Health and Human Services recommendation that solriamfetol has abuse potential comparable to other schedule IV stimulants and therefore supports placement of solriamfetol in schedule IV under the CSA.
The DEA placed methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (Other names: 5F-ADB;5F-MDMB-PINACA);
methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-caboxamido)-3-methylbutanoate (Other name: 5F-AMB); N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (Other names: 5F-APINACA; 5F-AKB48);
N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (Other name: ADB-FUBINACA); methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (Other names: MDMB-CHMICA; MMB-CHMINACA); methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (Other name: MDMB-FUBINACA), including their salts, isomers and salts of isomers whenever the existence of such salts, isomers, and salts of isomers, is possible, in schedule I of the CSA. The rule was published in the Federal Register, Volume 85, Number 16, pages 4211-4215. The effective date was January 24, 2020. This action was based on the following:
1. 5F-ADB; 5F-AMB; 5F-APINACA ADB-FUBINACA; MDMB-CHMICA; and MDMB-FUBINACA have a high potential for abuse that is comparable to other schedule I substances.
2. 5F-ADB; 5F-AMB; 5F-APINACA ADB-FUBINACA; MDMB-CHMICA; and MDMB-FUBINACA have no currently accepted medical use in treatment in the United States (U.S.).
3. There is a lack of accepted safety for use of 5F-ADB; 5F-AMB; 5F-APINACA ADB-FUBINACA; MDMB-CHMICA; and MDMB-FUBINACA under medical supervision.
The Acting Administrator of the DEA issued a final rule removing 6&bgr;-natrexol and its salts from schedule II of the CSA. The rule was published in theFederal Register, Volume 85, Number 16, pages 4215-4217. The rule was effective January 24, 2020. The action was based upon a review by DEA that determined 6&bgr;-naltrexol does not meet the requirements for inclusion in any schedule.
The DEA adopted without change an interim final rule published in the Federal Register, on June 17, 2019, placing brexanolone (3&agr;-hydroxy-5&agr;-pregnan-20-one), including its salts, isomers and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, in schedule IV. The DEA maintains brexanolone in schedule IV of the CSA. This rule was published in the Federal Register, Volume 85, Number 16, pages 4217-4219. The effective date of the rule was January 24, 2020. This action was taken for the following reason:
The DEA concurs with the HHS recommendation that bexanolone has abuse potential comparable to other schedule IV benzodiazepines and therefore supports placement of brexanolone in schedule IV under the CSA.
The DEA issued an interim final rule placing lasmiditan [2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl)pyridine-2-yl-benzamide], including its salts, isomers and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible in schedule V of the CSA. This interim final rule was published in the Federal Register, Volume 85, Number 21, pages 5557-5562. The effective date of the interim final rule was January 31, 2020. This action was taken for the following reasons:
1. Lasmiditan has a low potential for abuse relative to the drugs or substances in schedule IV.
2. Lasmiditan has a currently accepted medical use in the U.S.
3. Abuse of lasmiditan may lead to limited physical dependence of psychological dependence relative to the drugs or other substances in schedule IV.
The DEA issued an interim final rule placing cenobamate [(1R-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl] carbamate in schedule V. This interim final rule was published in the Federal Register, Volume 85, Number 47, pages 13741-13746. The effective date of the interim final rule was March 10, 2020. This action was taken for the following reasons:
1. Cenobamate has a low potential for abuse relative to the drugs or other substances in schedule IV.
2. Cenobamate has a currently accepted medical use in the U.S.
3. Abuse of cenobamate may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule IV.
Pursuant to Section 481.034(g), as amended by the 75th legislature, of the Texas Controlled Substances Act, Health and Safety Code, Chapter 481, at least thirty-one days have expired since notice of the above referenced actions were published in theFederal Register. In the capacity as Commissioner of the Texas Department of State Health Services, John Hellerstedt, M.D., does hereby order that substances referenced above be placed into the schedules of controlled substances.
-Schedule I hallucinogenic substances
Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances or that contains any of the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation (for the purposes of this Schedule I hallucinogenic substances section only, the term "isomer" includes optical, position, and geometric isomers):
(1) &agr;-Ethyltryptamine (Other names: etryptamine; Monase; &agr;-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; &agr;-ET; AET);
(2) 4‑Bromo‑2,5‑dimethoxyamphetamine (Other names: 4‑bromo-2,5‑ dimethoxy-&agr;-methylphenethylamine; 4‑bromo‑2,5‑DMA);
(3) 4-Bromo-2,5-dimethoxyphenethylamine (Other names: Nexus; 2C-B; 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; &agr;-desmethyl DOB);
(4) 2,5‑Dimethoxyamphetamine (Other names: 2,5‑dimethoxy-&agr;-methylphenethylamine; 2,5‑DMA);
(5) 2,5-Dimethoxy-4-ethylamphetamine (Other name: DOET);
(6) 2,5-Dimethoxy-4-(n)-propylthiophenethylamine, its optical isomers, salts and salts of isomers (Other name: 2C-T-7);
(7) 4‑Methoxyamphetamine (Other names: 4‑methoxy‑&agr;-methylphenethylamine; paramethoxyamphetamine; PMA);
(8) 5‑Methoxy‑3,4‑methylenedioxy-amphetamine;
(9) 4‑Methyl‑2,5‑dimethoxyamphetamine (Other names: 4‑methyl‑2,5‑dimethoxy-&agr;-methyl‑phenethylamine; "DOM"; "STP");
(10) 3,4-Methylenedioxy-amphetamine;
(11) 3,4-Methylenedioxy-methamphetamine (Other names: MDMA; MDM);
(12) 3,4‑Methylenedioxy-N‑ethylamphetamine (Other names: N‑ethyl- &agr;-methyl-3,4(methylenedioxy)phenethylamine; N-ethyl MDA; MDE; MDEA);
(13) N-Hydroxy-3,4-methylenedioxyamphetamine (Other name: N-hydroxy MDA);
(14) 3,4,5-Trimethoxy amphetamine;
(15) 5-Methoxy-N,N-dimethyltryptamine (Other names: 5-methoxy-3-[2-(dimethylamino)ethyl]indole, 5-MeO-DMT);
(16) &agr;-Methyltryptamine (AMT), its isomers, salts, and salts of isomers;
(17) Bufotenine (Other names: 3-&bgr;-Dimethylaminoethyl)-5- hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine;mappine);
(18) Diethyltryptamine (Other names: N,N-Diethyltryptamine; DET);
(19) Dimethyltryptamine (Other name: DMT);
(20) 5-Methoxy-N,N-diisopropyltryptamine, its isomers, salts, and salts of isomers (Other name: 5-MeO-DIPT);
(21) Ibogaine (Other names: 7-Ethyl-6,6-&bgr;-7,8,9,10,12,13-octhydro-2-methoxy-6,9-methano-5H-pyrido[1',2':1,2] azepino [5,4-b] indole; Tabernanthe iboga);
(22) Lysergic acid diethylamide;
(23) Marihuana.The term marihuana does not include hemp, as defined Title 5, Agriculture Code, Chapter 121.
(24) Mescaline;
(25) Parahexyl (Other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; Synhexyl);
(26) Peyote, unless unharvested and growing in its natural state, meaning all parts of the plant classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds of the plant, an extract from a part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or extracts;
(27) N-ethyl-3-piperidyl benzilate;
(28) N-methyl-3-piperidyl benzilate;
(29) Psilocybin;
(30) Psilocyn;
(31) Tetrahydrocannabinols,
meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), except for tetrahydrocannabinols in hemp (as defined under Section 297A(1) of the Agricultural Marketing Act of 1946), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:
1 cis or trans tetrahydrocannabinol, and their optical isomers;
6 cis or trans tetrahydrocannabinol, and their optical isomers;
3,4 cis or trans tetrahydrocannabinol, and its optical isomers;
(Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions are covered.);
(32) Ethylamine analog of phencyclidine (Other names: N‑ethyl‑1‑phenylcyclohexylamine; (1‑phenylcyclohexyl)ethylamine; N‑(1‑phenylcyclohexyl)ethylamine; cyclohexamine; PCE);
(33) Pyrrolidine analog of phencyclidine (Other names: 1-(1 phenyl- cyclohexyl)-pyrrolidine; PCPy; PHP; rolicyclidine);
(34) Thiophene analog of phencyclidine (Other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-thienyl analog of phencyclidine; TPCP; TCP);
(35) 1-[1-(2-Thienyl)cyclohexyl]pyrrolidine (Other name: TCPy);
(36) 4-Methylmethcathinone (Other names: 4-methyl-N-methylcathinone; mephedrone);
(37) 3,4-methylenedioxypyrovalerone (MDPV);
(38) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (Other name: 2C-E);
(39) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (Other name: 2C-D);
(40) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (Other name: 2C-C);
(41) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (Other name: 2C-I);
(42) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (Other name: 2C-T-2);
(43) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (Other name: 2C-T-4);
(44) 2-(2,5-Dimethoxyphenyl)ethanamine (Other name:2C-H);
(45) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (Other name: 2C-N);
(46) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (Other name: 2C-P);
(47) 3,4-Methylenedioxy-N-methylcathinone (Other name: Methylone);
(48) (1-Pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (Other names: UR-144, 1-pentyl-3-(2,2,3,3-tetramethylcyclopropoyl)indole);
(49) [1-(5-Fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone (Other names: 5-fluoro-UR-144, 5-F-UR-144, XLR11, (5-flouro-pentyl)-3-(2,2,3,3-tetramethylcyclopropoyl)indole);
(50) N-(1-Adamantyl)-1-pentyl-1H-indazole-3-carboxamide (Other names: APINACA, AKB48);
(51) Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: PB-22; QUPIC);
(52) Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: 5-fluoro-PB-22; 5F-PB-22);
(53) N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts and salts of isomers (Other name: AB-FUBINACA);
(54) N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (Other name: ADB-PINACA);
(55) 2-(4-Iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (Other names: 25I-NBOMe; 2CI-NBOMe; 25I; Cimbi-5);
(56) 2-(4-Chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (Other names: 25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82);
(57) 2-(4-Bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (Other names: 25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36);
(58) Marihuana extract, meaning an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant;
(59) 4-Methyl-N-ethylcathinone (4-MEC);
(60) 4-Methyl-&agr;-pyrrolidinopropiophenone (4-MePPP);
(61) &agr;-Pyrrolidinopentiophenone ([&agr;]-PVP);
(62) 1-(1,3-Benzodioxol-5-yl)-2-(methylamino)butan-1-one
(Other names: butylone; bk-MBDB);
(63) 2-(Methylamino)-1-phenylpentan-1-one (Other name: pentedrone);
(64) 1-(1,3-Benzodioxol-5-yl)-2-(methylamino)pentan-1-one
(Other names: pentylone; bk-MBDP);
(65) 4-Fluoro-N-methylcathinone (Other names: 4-FMC; flephedrone);
(66) 3-Fluoro-N-methylcathinone (Other name: 3-FMC);
(67) 1-(Naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one (Other name: naphyrone);
(68) &agr;-Pyrrolidinobutiophenone (Other name: [&agr;]-PBP);
(69) N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (Other name: AB-CHMINACA);
(70) N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (Other name: AB-PINACA);
(71) [1-(5-Fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone (Other name: THJ-2201);
(72) 1‑Methyl‑4‑phenyl‑1,2,5,6‑tetrahydro‑pyridine (MPTP);
(73) N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexyl-methyl)-1H-indazole-3-carboxamide (Other names: MAB-CHMINACA, ABD-CHMINACA);
*(74) Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (Other names: 5F-ADB, 5F-MDMB-PINACA);
*(75) Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-caboxamido)-3-methylbutanoate (Other name: 5F-AMB);
*(76) N-(Adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (Other names: 5F-APINACA; 5F-AKB48);
*(77) N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (Other name: ADB-FUBINACA);
*(78) Methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (Other names: MDMB-CHMICA; MMB-CHMINACA);
*(79) Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (Other name: MDMB-FUBINACA).
-Schedule I temporarily listed substances subject to emergency scheduling by the U.S. Drug Enforcement Administration.
Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances or that contains any of the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3-methylbutanoate (Other names: FUB-AMB; MMB-FUBINACA; AMB-FUBINACA);
*(2) N-(1-Phenethylpiperidin-4-yl)-N-phenylpentanamide (Other name: valeryl fentanyl);
*(3) N-(4-Methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (Other name: p-methoxybutyryl fentanyl);
*(4) N-(4-Chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (Other name: p-chloroisobutyryl fentanyl);
*(5) N-(1-Phenethylpiperidin-4-yl)-N-phenylisobutyramide (Other name: isobutyryl fentanyl);
*(6) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (Other name: cyclopentyl fentanyl);
(7) Fentanyl-related substances.
(7-1) Fentanyl-related substance means any substance not otherwise listed under another Administration Controlled Substance Code Number, and for which no exemption or approval is in effect under Section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355], that is structurally related to fentanyl by one or more of the following modifications:
(7-1-1) Replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;
(7-1-2) Substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups;
(7-1-3) Substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro groups;
(7-1-4) Replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; and/or
(7-1-5) Replacement of the N-propionyl group by another acyl group;
(7-2) This definition includes, but is not limited to, the following substances:
(7-2-1) N-(1-(2-Fluorophenethyl)piperidin-4-
yl)-N-(2-fluorophenyl)propionamide (Other name: 2'-fluoro-o-fluorofentanyl);
(7-2-2) N-(2-Methylphenyl)-N-(1-
phenethylpiperidin-4-yl)acetamide (Other name:o-methyl acetylfentanyl);
(7-2-3) N-(1-Phenethylpiperidin-4-yl)-N,3-diphenylpropanamide (Other names: &bgr;'-phenyl fentanyl; hydrocinnamoyl fentanyl);
(7-2-4) N-(1-Phenethylpiperidin-4-yl)-N-phenylthiophene-2-carboxamide (Other name: thiofuranyl fentanyl);
(7-2-5) (E)-N-(1-Phenethylpiperidin-4-yl)-N-phenylbut-2-enamide (Other name: crotonyl fentanyl);
(8) Naphthalen-1-yl-1-(5-fluoropentyl)-1H-indole-3-carboxylate (Other names: NM2201; CBL2201);
(9) N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (Other name: 5F-AB-PINACA);
(10) 1-(4-Cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (Other names: 4-CN-CUMYL-BUTINACA; 4-cyano-CUMYL-BUTINACA; 4-CN-CUMYL-BINACA; CUMYL-4CN-BINACA; SGT-78);
(11) Methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-methylbutanoate (Other names: MMB-CHMICA; AMB-CHMICA);
(12) 1-(5-Fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3-b]pyridine-3-carboxamide (Other name: 5F-CUMYL-P7AICA);
(13) N-ethylpentylone (Other names: ephylone, 1-(1,3-benzodioxil-5-yl)-2-(ethylamino)-pentan-1-one);
(14) Ethyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (Other name: 5F-EDMB-PINACA);
(15) Methyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (Other name: 5F-MDMB-PICA);
(16) N-(Adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (Other names: FUB-AKB48; FUB-APINACA; AKB48 N-(4-FLUOROBENZYL));
(17) 1-(5-Fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (Other names: 5F-CUMYL-PINACA; SGT-25);
(18) (1-(4-Fluorobenzyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (Other name: FUB-144);
(19) N-Ethylhexedrone (Other name: 2-(ethylamino)-1-phenylhexan-1-one);
(20) &agr;-pyrrolidinohexanophenone (Other names: &agr;-PHP; &agr;-pyrrolidinohexiophenone; 1-phenyl-2-(pyrrolidin-1-yl)hexan-1-one);
(21) 4-Methyl-&agr;-ethylaminopentiophenone (Other names: 4-MEAP; 2-(ethylamino)-1-(4-methylphenyl)pentan-1-one);
(22) 4-Methyl-&agr;-pyrrolidinohexiophenone (Other names: MPHP, 4'-methyl- &agr;-pyrrolidinohexanophenone; 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)hexan-1-one);
(23) &agr;-pyrrolidinoheptaphenone (Other names: PV8; 1-phenyl-2-(pyrrolidin-1-yl)heptan-1-one); and
(24) 4-Chloro-&agr;-pyrrolidinovalerophenone (Other names: 4-chloro-&agr;-PVP; 4-chloro-&agr;-pyrrolidinopentiophenone; 1-(4-chlorophenyl)-2-(pyrrolidin-1-yl)pentan-1-one).
-Schedule II substances, vegetable origin or chemical synthesis
The following substances, however produced, except those narcotic drugs listed in other schedules:
(1) Opium and opiate, and a salt, compound, derivative, or preparation of opium or opiate, other than thebaine-derived butorphanol, naldemedine, naloxegol, naloxone and its salts, *6&bgr;-naltrexol, naltrexone and its salts, and nalmefene and its salts, but including:
(1-1) Codeine;
(1-2) Dihydroetorphine;
(1-3) Ethylmorphine;
(1-4) Etorphine hydrochloride;
(1-5) Granulated opium;
(1-6) Hydrocodone;
(1-7) Hydromorphone;
(1-8) Metopon;
(1-9) Morphine;
(1-10) Noroxymorphone;
(1-11) Opium extracts;
(1-12) Opium fluid extracts;
(1-13) Oripavine;
(1-14) Oxycodone;
(1-15) Oxymorphone;
(1-16) Powdered opium;
(1-17) Raw opium;
(1-18) Thebaine; and
(1-19) Tincture of opium.
(2) A salt, compound, isomer, derivative, or preparation of a substance that is chemically equivalent or identical to a substance described by paragraph (1) of Schedule II substances, vegetable origin or chemical synthesis, other than the isoquinoline alkaloids of opium;
(3) Opium poppy and poppy straw;
(4) Cocaine, including:
(4-1) its salts, its optical, position, and geometric isomers, and the salts of those isomers;
(4-2) Coca leaves and any salt, compound, derivative, or preparation of coca leaves and ecgonine and their salts, isomers, derivatives and salts of isomers and derivatives and any salt, compound derivative or preparation thereof which is chemically equivalent or identical to a substance described by this paragraph, except that the substances shall not include:
(4-2-1) Decocainized coca leaves or extractions of coca leaves which extractions do not that do not contain cocaine or ecgonine; or
(4-2-2) Ioflupane.
(5) Concentrate of poppy straw, meaning the crude extract of poppy straw in liquid, solid, or powder form that contains the phenanthrene alkaloids of the opium poppy.
-Schedule IV depressants
Except as provided by the Texas Controlled Substances Act, Health and Safety Code, Section 481.033, a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(1) Alfaxalone (5&agr;-pregnan-3&agr;-ol-11,20-dione);
(2) Alprazolam;
(3) Barbital;
*(4) Brexanolone (Other names: 3&agr;-hydroxy-5&agr;-pregnan-20-one; allopregnanolone);
(5) Bromazepam;
(6) Camazepam;
(7) Chloral betaine;
(8) Chloral hydrate;
(9) Chlordiazepoxide;
(10) Clobazam;
(11) Clonazepam;
(12) Clorazepate;
(13) Clotiazepam;
(14) Cloxazolam;
(15) Delorazepam;
(16) Diazepam;
(17) Dichloralphenazone;
(18) Estazolam;
(19) Ethchlorvynol;
(20) Ethinamate;
(21) Ethyl loflazepate;
(22) Fludiazepam;
(23) Flunitrazepam;
(24) Flurazepam;
(25) Fospropofol;
(26) Halazepam;
(27) Haloxazolam;
(28) Ketazolam;
(29) Loprazolam;
(30) Lorazepam;
(31) Lormetazepam;
(32) Mebutamate;
(33) Medazepam;
(34) Meprobamate;
(35) Methohexital;
(36) Methylphenobarbital (mephobarbital);
(37) Midazolam;
(38) Nimetazepam;
(39) Nitrazepam;
(40) Nordiazepam;
(41) Oxazepam;
(42) Oxazolam;
(43) Paraldehyde;
(44) Petrichloral;
(45) Phenobarbital;
(46) Pinazepam;
(47) Prazepam;
(48) Quazepam;
(49) Suvorexant;
(50) Temazepam;
(51) Tetrazepam;
(52) Triazolam;
(53) Zaleplon;
(54) Zolpidem; and
(55) Zopiclone, its salts, isomers, and salts of isomers.
-Schedule IV stimulants
Unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substance's salts, optical, position, or geometric isomers, and salts of those isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Cathine [(+)-norpseudoephedrine];
(2) Diethylpropion;
(3) Fencamfamin;
(4) Fenfluramine;
(5) Fenproporex;
(6) Mazindol;
(7) Mefenorex;
(8) Modafinil;
(9) Pemoline (including organometallic complexes and their chelates);
(10) Phentermine;
(11) Pipradrol;
*(12) Solriamfetol ((R)-2-amino-3-phenylpropyl carbamate) (Other names: benzenepropanol; &bgr;-amino-carbamate (ester));
(13) Sibutramine; and
(14) SPA [1-dimethylamino-1,2-diphenylethane].
-Schedule V depressants
Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts:
(1) Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl]butanamide) (Other names; BRV; UCB-34714; and Briviact);
*(2) Cenobamate [(1R-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl] carbamate;
(3) Ezogabine including its salts, isomers and salts of isomers, whenever the existence of such salts, isomers and salts of isomers is possible;
(4) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-proprionamide];
*(5) Lasmiditan [2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl)pyridine-2-yl-benzamide];
(6) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid]; and
(7) Approved cannabidiol drugs. A drug product in finished dosage formulation that has been approved by the U.S. Food and Drug Administration that contains cannabidiol (2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol) derived from cannabis and no more than 0.1 percent (w/w) residual tetrahydrocannabinols.
Changes indicated by an *
TRD-202002178
Barbara L. Klein
General Counsel
Department of State Health Services
Filed: May 27, 2020
The Department of State Health Services Asbestos Program administers the renewal of licenses and registrations for the following license and registration types: Asbestos Abatement Workers, Asbestos Abatement Contractors, Asbestos Abatement Supervisors, Asbestos Abatement Consultants, Asbestos Abatement Project Managers, Asbestos Abatement Inspectors, Air Monitoring Technicians, and Asbestos Abatement Management Planners ("Asbestos Licensees").
Asbestos Licensees must renew their license and registration every two-years pursuant to Texas Occupations Code Section 1954.201(a) and 25 Texas Administrative Code Section 295.35(c). In order to renew, Asbestos Licensees are required to submit a current annual refresher training certificate and a current physician's written statement.
On March 13, 2020, Governor Abbott issued a disaster proclamation, certifying under Section 418.014 of the Texas Government Code that the novel coronavirus (COVID-19) poses an imminent threat of disaster for all counties in the State of Texas.
On May 15, 2020, I, John W. Hellerstedt, M.D., Commissioner of the Department of State Health Services, declared a state of public health disaster continues for the entire State of Texas due to the introduction and spread of the communicable disease known as COVID-19 in the State of Texas.
Due to the COVID-19 outbreak, many of the annual refresher courses were cancelled and many physicians are not providing in-person physical examination of Asbestos Licensees. As a result, Asbestos Licensees have been unable to obtain the documentation required to timely renew their licenses and registrations.
Pursuant to the authority granted under Texas Occupations Code Section 1954.111(a) and 25 Texas Administrative Code Section 295.35(d), I hereby order that licenses and registrations of Asbestos Licensees due to expire during the Governor's declared disaster proclamation will now expire 6-months after the expiration date on the license or registration.
Given under my hand this the 20th day of May, 2020.
TRD-202002175
John W. Hellerstedt, M.D.
Commissioner
Department of State Health Services
Filed: May 27, 2020
AWARD of Request for Proposals 781-0-22731 - Implementation Evaluation of House Bill (HB) 2223
The Texas Higher Education Coordinating Board solicited proposals from qualified respondents to enter into a contract to conduct an external evaluation of the implementation by Texas public institutions of higher education of House Bill (HB) 2223, 85th Legislative Session.
The selected contractor is EduPolicy Research, LLC., 3736 Biltmore Avenue, Tallahassee, FL 32311. The value of the contract is estimated to be $164,936.00. The contract was awarded on May 21, 2020, period beginning upon execution and ending August 31, 2020. Contract may be extended for one renewal period from 9/1/20 to 8/31/21.
Deliverables shall be based on the Required Services in Contractor's response to THECB RFP #781-0-22731 and is accepted by THECB and incorporated herein by reference in contract #23075.
TRD-202002182
William Franz
General Counsel
Texas Higher Education Coordinating Board
Filed: May 27, 2020
2020 Emergency Solutions Grant Notice of Funding Availability
The ESG Program is funded by HUD to assist people to regain stability in permanent housing quickly after experiencing a housing crisis and/or homelessness. ESG funds can be used for the administration of the ESG grant, including utilization of a Homeless Management Information System, rehabilitation or conversion of buildings for use as emergency shelter for persons experiencing homelessness; the payment of certain expenses related to operating emergency shelters; essential services related to emergency shelters and street outreach for persons experiencing homelessness; and homelessness prevention and rapid re-housing assistance.
The Texas Department of Housing and Community Affairs received notice of an allocation of $9,643,857 from HUD for 2020. From the allocation, $9,209,884 will be made available for awards to subrecipients though the 2020 ESG NOFA, which is available online at https://www.tdhca.state.tx.us/nofa.htm.
Some of the awards made through the NOFA may be as a result of the recommendations of ESG Coordinators, which are contractors procured to administer a Local Competition on behalf of the Department. Two ESG Coordinators for Local Competitions were procured: the Coalition for the Homeless of Houston/Harris County for CoC Region TX-700, and South Alamo Regional Alliance for the Homeless for CoC Region TX-500. Applicants in these two areas will apply directly to the ESG Coordinator for funds. Contact information for the ESG Annual Local Competition is in the NOFA. In all other areas of the state, applicants will respond to TDHCA through as outlined in the NOFA.
Federal program rules require the Department to commit all funds within 60 days of receipt of an award letter from HUD; the Department anticipates receipt of each letter during the late summer or fall of 2020. The contract period is subject to receipt of funds from the annual ESG allocation. The Department's anticipated Contract Term for Program Year (PY) 2019 ESG will be November 1, 2020, through October 31, 2021, subject to receipt of adequate funding and any additional terms and conditions from HUD.
Applicants may request up to $345,000 in ESG funds, per 10 TAC §7.33(d). Applicants must meet the minimum threshold requirements established in 10 TAC §7.36 to be considered for award.
The availability and use of these funds are subject to the Department's rules governing under Title 10, Part 1, Chapter 1, Administration; Chapter 2, Enforcement; and Chapter 7, Homelessness Programs, Subchapter A, General Policies and Procedures, and Subchapter C, Emergency Solutions Grants (ESG) of the Texas Administrative Code. For Units of Local Government, the Uniform Grant Management Standards (UGMS) as outlined in Chapter 783 in the Texas Local Government Code also govern the availability and use of these funds. Federal laws and regulations that apply to these funds include the Homeless Emergency Assistance and Rapid Transition to Housing Act (42 U.S.C. §11302 et. seq.), as amended; the HUD regulations codified in 24 Code of Federal Regulations (CFR) Part 576; 24 CFR Part 58, for environmental requirements; 2 CFR Part 200 for Uniform Administrative Requirements; 24 CFR §135.38 for Section 3 requirements; and 24 CFR Part 5, Subpart A for fair housing.
Details on the award selection process, handling of administrative deficiencies, funding limitations, eligible and ineligible applicants and activities, threshold requirements, award selection criteria, and application submission requirements are included in the NOFA and will be posted to the Department's website with notification of the NOFA posting in the Texas Register.
Applications for areas without Local Competitions will be accepted statewide beginning June 12, 2020, at 8:00 a.m., Austin local time, until Friday, June 26, 2020, at 5:00 p.m., Austin local time. Questions can be directed to Naomi Cantu, Coordinator for Homelessness Programs and Policy, at esg@tdhca.state.tx.us or (512) 475-3975.
TRD-202002180
Bobby Wilkinson
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 27, 2020
The Texas Department of Housing and Community Affairs (the Department) will hold a public hearing to accept public comment on the Draft 2021 Regional Allocation Formula (RAF) Methodology.
The public hearing will take place as follows:
Tuesday, June 16, 2020
2:00 p.m. Austin local time
Via GoToWebinar
https://attendee.gotowebinar.com/register/2017602044697807376
Dial-in number: +1 (213) 929-4212, access code 560-128-364 (persons who use the dial-in number and access code without registering online will only be able to hear the public hearing and will not be able to ask questions or provide comments)
The RAF may be accessed from TDHCA's Public Comment Center at: https://www.tdhca.state.tx.us/public-comment.htm.
The RAF utilizes appropriate statistical data to measure the affordable housing need and available resources in the 13 State Service Regions that are used for planning purposes. The RAF also allocates funding to rural and urban subregions within each region. The Department has flexibility in determining variables to be used in the RAF, per §2306.1115(a)(3) of the Tex. Gov't Code, "the department shall develop a formula that...includes other factors determined by the department to be relevant to the equitable distribution of housing funds..." The RAF is revised annually to reflect current data, respond to public comment, and better assess regional housing needs and available resources.
The RAF methodology explains the use of factors, in keeping with the statutory requirements, which include the need for housing assistance, the availability of housing resources, and other factors relevant to the equitable distribution of housing funds in urban and rural areas of the state.
The Single Family HOME Investment Partnerships Program (HOME), Multifamily HOME, Housing Tax Credit (HTC), and Housing Trust Fund (HTF) program RAFs each use slightly different formulas because the programs have different eligible activities, households, and geographical service areas. For example, §2306.111(c) of the Tex. Gov't Code requires that 95% of HOME funding be set aside for non-participating jurisdictions (non-PJs). Therefore, the Single Family and Multifamily HOME RAFs only use need and available resource data for non-PJs.
The public comment period for the Draft 2021 RAF methodology will be open from Friday, June 5, 2020, through Friday June 26, 2020, at 5:00 p.m., Austin local time. Anyone may submit comments on the Draft 2021 RAF Methodology in written form or oral testimony at the June 16, 2020, public hearing.
Written comments concerning the Draft 2021 RAF Methodology may be submitted by mail to the Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin, TX 78711-3941, by email to info@tdhca.state.tx.us, or by fax to (512) 475-0070. Comments must be received no later than Friday June 26, 2020, at 5:00 p.m. Austin local time.
Individuals who require auxiliary aids or services for the public hearing on June 16, 2020, should contact Nancy Dennis, at (512) 475-3959 or Relay Texas at (800) 735-2989, at least three days before the meeting so that appropriate arrangements can be made.
Non-English speaking individuals who require interpreters for the public hearing should contact Elena Peinado by phone at (512) 475-3814 or by email at elena.peinado@tdhca.state.tx.us at least three days before the meeting so that appropriate arrangements can be made.
Personas que hablan español y requieren un interprete, favor de llamar a Elena Peinado al siguiente número (512) 475-3814 o enviarle un correo electrónico a elena.peinado@tdhca.state.tx.us por lo menos tres días antes de la junta para hacer los preparativos apropiados.
TRD-202002181
Bobby Wilkinson
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 27, 2020
I. Sources of Multifamily Direct Loan Funds.
Multifamily Direct Loan funds are made available in this Annual Notice of Funding Availability through program income generated from prior year HOME allocations, de-obligated funds from prior year HOME allocations, the 2019 Grant Year HOME allocation, and the 2018 and 2019 Grant Year National Housing Trust Fund (NHTF) allocations. The Department may amend this NOFA or the Department may release a new NOFA upon receiving additional de-obligated funds from HOME allocations, or upon receiving new funds from the 2020 HOME or NHTF allocations from HUD or additional TCAP RF funds. These funds have been programmed for multifamily activities including acquisition, refinance, and preservation of affordable housing involving new construction, reconstruction and/or rehabilitation.
II. Notice of Funding Availability (NOFA).
The Texas Department of Housing and Community Affairs (the Department) announces the availability of up to $26,356,025.20 in Multifamily Direct Loan funding for the development of affordable multifamily rental housing for low-income Texans.
Of that amount, at least $4,733,439.00 will be available for eligible Community Housing Development Organizations (CHDO) meeting the requirements of the definition of Community Housing Development Organization found in 24 CFR §92.2 and the requirements of this NOFA; up to $12,509,857.20 will be available for applications proposing Supportive Housing in accordance with 10 TAC §11.1(d)(122) and §11.302(g)(4) of the 2020 Qualified Allocation Plan (QAP) or applications that commit to setting aside units for extremely low-income households as required by 10 TAC §13.4(a)(1)(A)(ii). The remaining funds will be available under the General set-aside for applications proposing eligible activities in non-Participating Jurisdictions.
At the Board meeting on May 21, 2020, the Department approved the Third Amendment to 2020-1 Multifamily Direct Loan Annual NOFA, whereby $3,000,000.00 in additional NHTF became available in the Soft Repayment set-aside on a statewide basis through August 31, 2020, (if sufficient funds remain), resulting in $26,365,025.20 in total funding, $12,509,857.20 of which is available in the Soft Repayment set-aside. At the same Board meeting, the Department also increased the maximum per Application request under the Soft Repayment set-aside to $3,000,000.00.
The Multifamily Direct Loan program provides loans to for-profit and nonprofit entities to develop affordable housing for low-income Texans qualified earning 80 percent or less of the applicable Area Median Family Income. All funding is currently available on a statewide basis within each set-aside until August, 31, 2020, (if sufficient funds remain).
III. Application Deadline and Availability.
Based on the availability of funds, Applications may be accepted until 5 p.m. Austin local time on August 31, 2020. The "Amended 2020-1 Multifamily Direct Loan Annual NOFA" is posted on the Department's website: http://www.tdhca.state.tx.us/multifamily/nofas-rules.htm. Subscribers to the Department's LISTSERV will receive notification that the Third Amendment to the NOFA is posted. Subscription to the Department's LISTSERV is available at http://maillist.tdhca.state.tx.us/list/subscribe.html?lui=f9mu0g2g&mContainer=2&mOwner=G382s2w2r2p.
Questions regarding the 2020-1 Multifamily Direct Loan Annual NOFA may be addressed to Andrew Sinnott at (512) 475-0538 or andrew.sinnott@tdhca.state.tx.us.
TRD-202002179
Bobby Wilkinson
Executive Director
Texas Department of Housing and Community Affairs
Filed: May 27, 2020
Application to do business in the state of Texas for Water Quality Insurance Syndicate, a foreign Joint Underwriting Association (JUA). The home office is in New York, New York.
Application for Equitable Life & Casualty Insurance Company, a foreign life, accident and/or health company, to change its name to SILAC Insurance Company. The home office is in Salt Lake City, Utah.
Application for The Capitol Life Insurance Company, a domestic life, accident and/or health company, to change its name to Capitol Life Insurance Company. The home office is in Dallas, Texas.
Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Robert Rudnai, 333 Guadalupe Street, MC 103-CL, Austin, Texas 78701.
TRD-202002174
James Person
General Counsel
Texas Department of Insurance
Filed: May 27, 2020
Reference Numbers: P-0520-03
SERFF State Tracking No. S679309
Pursuant to 28 TAC §5.4911, the Texas Windstorm Insurance Association (TWIA) has filed two commercial policy endorsement forms with the Texas Department of Insurance for approval:
--revised Endorsement No. 164 - Replacement Cost Coverage - Coverage A (Building) and Coverage B (Business Personal Property); and
--revised Endorsement No. 165 - Replacement Cost Coverage - Actual Cash Value Roofs.
The revisions reinsert language which was omitted when TWIA updated the forms on September 19, 2019.
You can get a copy of the filings from the Office of the Chief Clerk, Mail Code 112-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104 or online at www.tdi.texas.gov/submissions/indextwia.html#form.
Public Comment: Send comments on the filings to ChiefClerk@tdi.texas.gov or to the Office of the Chief Clerk, Mail Code 112-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104 by 5:00 p.m., Central time, on July 6, 2020.
Hearing Requests: To request a public hearing, you must submit a request separately by 5:00 p.m., Central time, on June 25, 2020. 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, Mail Code 112-2A, P.O. Box 149104, Austin, Texas 78714-9104.
TRD-202002078
James Person
General Counsel
Texas Department of Insurance
Filed: May 22, 2020
Scratch Ticket Game Number 2203 "$1,000,000 EXTREME CASH"
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2203 is "$1,000,000 EXTREME CASH". The play style is "multiple games".
1.1 Price of Scratch Ticket Game.
A. The price for Scratch Ticket Game No. 2203 shall be $20.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2203.
A. Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket.
C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, COIN SYMBOL, 10X SYMBOL, 20X SYMBOL, $20.00, $25.00, $50.00, $75.00, $100, $200, $500, $1,000, $20,000 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. 2203 - 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 (2203), 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: 2203-0000001-001.
H. Pack - A Pack of the "$1,000,000 EXTREME CASH" 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 "$1,000,000 EXTREME CASH" Scratch Ticket Game No. 2203.
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 "$1,000,000 EXTREME CASH" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose seventy-two (72) Play Symbols. MYSTERY BONUS: If a player reveals 2 matching prize amounts in the same MYSTERY BONUS, the player wins that amount. MAIN PLAY AREA INSTRUCTIONS: If a player matches any of the YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If the player reveals a "COIN" Play Symbol, the player wins the prize for that symbol instantly. If the player reveals a "10X" Play Symbol, the player wins 10 TIMES the prize for that symbol. If the player reveals a "20X" Play Symbol, the player wins 20 TIMES the prize for that symbol. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.
2.1 Scratch Ticket Validation Requirements.
A. To be a valid Scratch Ticket, all of the following requirements must be met:
1. Exactly seventy-two (72) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The Scratch Ticket shall be intact;
6. The Serial Number and Game-Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Scratch Ticket;
8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The Scratch Ticket must not be counterfeit in whole or in part;
10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner;
11. The Scratch Ticket must not have been stolen, nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number and Game-Pack-Ticket Number must be right side up and not reversed in any manner;
13. The Scratch Ticket must be complete and not miscut, and have exactly seventy-two (72) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-Ticket Number on the Scratch Ticket;
14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously;
15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the seventy-two (72) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the seventy-two (72) 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-three (33) times.
D. GENERAL: The "COIN" (WIN$), "10X" (WINX10) and "20X" (WINX20) Play Symbols will never appear in a MYSTERY BONUS play area.
E. MYSTERY BONUS: A Ticket can win up to one (1) time in each of the three (3) MYSTERY BONUS play areas.
F. MYSTERY BONUS: A non-winning MYSTERY BONUS play area will have two (2) different Prize Symbols.
G. MYSTERY BONUS: Non-winning Prize Symbols in a MYSTERY BONUS play area will not be the same as winning Prize Symbols from another MYSTERY BONUS play area.
H. MAIN PLAY AREA: A Ticket can win up to thirty (30) times in the main play area.
I. MAIN PLAY AREA: On winning and Non-Winning Tickets, the top cash prizes of $1,000, $20,000 and $1,000,000 will each appear at least once, except on Tickets winning thirty-three (33) times, with respect to other parameters, play action or prize structure.
J. MAIN PLAY AREA: No matching non-winning YOUR NUMBERS Play Symbols will appear on a Ticket.
K. MAIN PLAY AREA: 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.
L. MAIN PLAY AREA: No matching WINNING NUMBERS Play Symbols will appear on a Ticket.
M. MAIN PLAY AREA: YOUR NUMBERS Play Symbols will never equal the corresponding Prize Symbols (i.e., 25 and $25 and 50 and $50).
N. MAIN PLAY AREA: On all Tickets, a Prize Symbol will not appear more than four (4) times, except as required by the prize structure to create multiple wins.
O. MAIN PLAY AREA: On Non-Winning Tickets, a WINNING NUMBERS Play Symbol will never match a YOUR NUMBERS Play Symbol.
P. MAIN PLAY AREA: The "COIN" (WIN$) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.
Q. MAIN PLAY AREA: The "COIN" (WIN$) Play Symbol will never appear on a Non-Winning Ticket.
R. MAIN PLAY AREA: The "COIN" (WIN$) Play Symbol will win the prize for that Play Symbol.
S. MAIN PLAY AREA: The "COIN" (WIN$) Play Symbol will never appear more than once on a Ticket.
T. MAIN PLAY AREA: The "10X" (WINX10) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.
U. MAIN PLAY AREA: The "10X" (WINX10) Play Symbol will never appear on a Non-Winning Ticket.
V. MAIN PLAY AREA: The "10X" (WINX10) Play Symbol will win 10 TIMES the prize for that Play Symbol and will win as per the prize structure.
W. MAIN PLAY AREA: The "10X" (WINX10) Play Symbol will never appear more than once on a Ticket.
X. MAIN PLAY AREA: The "20X" (WINX20) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.
Y. MAIN PLAY AREA: The "20X" (WINX20) Play Symbol will never appear on a Non-Winning Ticket.
Z. MAIN PLAY AREA: The "20X" (WINX20) Play Symbol will win 20 TIMES the prize for that Play Symbol and will win as per the prize structure.
AA. MAIN PLAY AREA: The "20X" (WINX20) Play Symbol will never appear more than once on a Ticket.
BB. MAIN PLAY AREA: The "COIN" (WIN$) and "10X" (WINX10) Play Symbols will never appear on the same Ticket.
CC. MAIN PLAY AREA: The "COIN" (WIN$) and "20X" (WINX20) Play Symbols will never appear on the same Ticket.
2.3 Procedure for Claiming Prizes.
A. To claim a "$1,000,000 EXTREME CASH" Scratch Ticket Game prize of $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 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 "$1,000,000 EXTREME CASH" Scratch Ticket Game prize of $1,000, $20,000 or $1,000,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "$1,000,000 EXTREME CASH" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be:
1. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055;
2. in default on a loan made under Chapter 52, Education Code;
3. in default on a loan guaranteed under Chapter 57, Education Code; or
4. delinquent in child support payments in the amount determined by a court or a Title IV-D agency under Chapter 231, Family Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the Scratch Ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "$1,000,000 EXTREME CASH" 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 "$1,000,000 EXTREME CASH" 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. 2203. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2203 - 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. 2203 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. 2203, 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-202002151
Bob Biard
General Counsel
Texas Lottery Commission
Filed: May 26, 2020
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2228 is "PRIZE PIGGY". The play style is "row/column/diagonal".
1.1 Price of Scratch Ticket Game.
A. The price for Scratch Ticket Game No. 2228 shall be $1.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2228.
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: WISHBONE SYMBOL, GOLD BAR SYMBOL, MONEYBAG SYMBOL, COWBOY HAT SYMBOL, BELL SYMBOL, COIN SYMBOL, STAR SYMBOL, SEVEN SYMBOL, HEART SYMBOL, PIG SYMBOL, $1.00, $2.00, $3.00, $5.00, $9.00, $10.00, $15.00, $30.00, $90.00 and $1,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 2228 - 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 (2228), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 150 within each Pack. The format will be: 2228-0000001-001.
H. Pack - A Pack of the "Prize Piggy" Scratch Ticket Game contains 150 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; Tickets 006 to 010 on the next page; etc.; and Tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed.
I. Non-Winning Scratch Ticket - A Scratch Ticket which is not programmed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "PRIZE PIGGY" Scratch Ticket Game No. 2228.
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 "PRIZE PIGGY" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose ten (10) Play Symbols. If a player reveals 3 matching Play Symbols in any one row, column or diagonal line, the player wins the PRIZE. If the player reveals 3 "PIG" Play Symbols in any one row, column or diagonal line, the player wins TRIPLE the PRIZE. 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 ten (10) 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 ten (10) 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 ten (10) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the ten (10) 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 of Play Symbols in the same order. Consecutive Non-Winning Tickets within a Pack may have matching Prize Symbols because only one (1) Prize Symbol appears on the Ticket.
B. Non-Winning Tickets will have at least one (1) row, column or diagonal line that contains two (2) matching Play Symbols (including the "PIG" (TRP) Play Symbol) plus one (1) different Play Symbol.
C. There will be only one (1) occurrence of three (3) matching Play Symbols in a vertical, horizontal or diagonal line on intended winning Tickets, as dictated by the prize structure.
D. There will only be one (1) occurrence of three (3) "PIG" (TRP) Play Symbols in a vertical, horizontal or diagonal line on intended winning Tickets, as dictated by the prize structure.
E. There will be no more than three (3) "PIG" (TRP) Play Symbols appearing on intended winning Tickets, as dictated by the prize structure.
F. All Tickets will contain at least two (2) "PIG" (TRP) Play Symbols, unless otherwise restricted by other parameters, play action or prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "PRIZE PIGGY" Scratch Ticket Game prize of $1.00, $2.00, $3.00, $5.00, $9.00, $15.00, $30.00 or $90.00, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $30.00 or $90.00 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 "PRIZE PIGGY" Scratch Ticket Game prize of $1,000, 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 "PRIZE PIGGY" 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 "PRIZE PIGGY" 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 "PRIZE PIGGY" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is not claimed within that period, and in the manner specified in these Game Procedures and on the back of each Scratch Ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of Scratch Tickets ordered. The number of actual prizes available in a game may vary based on number of Scratch Tickets manufactured, testing, distribution, sales and number of prizes claimed. A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed.
3.0 Scratch Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated. If more than one name appears on the back of the Scratch Ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket.
4.0 Number and Value of Scratch Prizes. There will be approximately 9,120,000 Scratch Tickets in Scratch Ticket Game No. 2228. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2228 - 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. 2228 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. 2228, 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-202002142
Bob Biard
General Counsel
Texas Lottery Commission
Filed: May 26, 2020
Notice of Application Period for Class 2 Racetrack License in Jefferson County, Texas
The Texas Racing Commission hereby designates an application period for a Class 2 racetrack license in Jefferson County, Texas. The application period begins July 6, 2020, and ends September 3, 2020. Applications may be submitted to the Texas Racing Commission at 8505 Cross Park Drive #110, Austin, Texas 78754 no later than 5:00 p.m. on September 3, 2020.
TRD-202002011
Chuck Trout
Executive Director
Texas Racing Commission
Filed: May 21, 2020
Final Approval of the Rules Governing the Supervised Practice of Law by Qualified Law Students and Qualified Unlicensed Law School Graduates in Texas
TRD-202002015
Jaclyn Daumerie
Rules Attorney
Supreme Court of Texas
Filed: May 21, 2020
Public Hearing Notice - Statewide Transportation Improvement Program
The Texas Department of Transportation (department) will hold a public hearing on Wednesday, June 24, 2020, at 10:00 a.m. Central Standard Time (CST) to receive public comments on the May 2020 Quarterly Revisions to the Statewide Transportation Improvement Program (STIP) for FY 2019-2022. The hearing will be conducted via electronic means due to the public health precautions surrounding COVID-19. Instructions for accessing the hearing will be published on the department's website at: https://www.txdot.gov/inside-txdot/get-involved/about/hearings-meetings.html
The STIP reflects the federally funded transportation projects in the FY 2019-2022 Transportation Improvement Programs (TIPs) for each Metropolitan Planning Organization (MPO) in the state. The STIP includes both state and federally funded projects for the nonattainment areas of Dallas-Fort Worth, El Paso, Houston and San Antonio. The STIP also contains information on federally funded projects in rural areas that are not included in any MPO area, and other statewide programs as listed.
Title 23, United States Code, §134 and §135 require each designated MPO and the state, respectively, to develop a TIP and STIP as a condition to securing federal funds for transportation projects under Title 23 or the Federal Transit Act (49 USC §5301, et seq.). Section 134 requires an MPO to develop its TIP in cooperation with the state and affected public transit operators and to provide an opportunity for interested parties to participate in the development of the program. Section 135 requires the state to develop a STIP for all areas of the state in cooperation with the designated MPOs and, with respect to non-metropolitan areas, in consultation with affected local officials, and further requires an opportunity for participation by interested parties as well as approval by the Governor or the Governor's designee.
A copy of the proposed May 2020 Quarterly Revisions to the FY 2019-2022 STIP will be available for review, at the time the notice of hearing is published, on the department's website at: https://www.txdot.gov/inside-txdot/division/transportation-planning/stips.html
Persons wishing to speak at the hearing may register in advance by notifying Angela Erwin, Transportation Planning and Programming Division, at (512) 416-2187 no later than 12:00 p.m. CST on Tuesday, June 23, 2020. Speakers will be taken in the order registered and will be limited to three minutes. Speakers who do not register in advance will be taken at the end of the hearing. Any interested person may offer comments or testimony; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony.
The public hearing will be conducted in English. Persons who have special communication or accommodation needs and who plan to participate in the hearing are encouraged to contact the Transportation Planning and Programming Division, at (512) 486-5003. Requests should be made at least three working days prior to the public hearing. Every reasonable effort will be made to accommodate the needs.
Interested parties who are unable to participate in the hearing may submit comments regarding the proposed May 2020 Quarterly Revisions to the FY 2019-2022 STIP to Peter Smith, P.E., Director of the Transportation Planning and Programming Division, P.O. Box 149217, Austin, Texas 78714-9217. In order to be considered, all written comments must be received at the Transportation Planning and Programming office by 4:00 p.m. CST on Monday, July 6, 2020.
TRD-202002171
Becky Blewett
Deputy General Counsel
Texas Department of Transportation
Filed: May 27, 2020
Request for Applications for Flood Protection Planning
The Texas Water Development Board (TWDB) requests applications for the possible award of financial assistance under Category 1 of the 2020 Flood Intended Use Plan. The financial assistance will be used to conduct planning of entire watersheds no smaller than Hydrologic Unit Code 10-digit (HUC-10) to better inform the development of strategies using structural and nonstructural measures before a flood event, such as determining and describing problems from or related to flooding, identifying and planning solutions to flooding problems, and estimating the benefits and costs of these solutions. The TWDB will accept applications from political subdivisions in Texas that have the authority to plan for and implement projects related to flood protection. For more information, including instructions on how to apply, please visit the TWDB website at: http://www.twdb.texas.gov/financial/programs/FIF/index.asp
TRD-202002157
Ashley Harden
General Counsel
Texas Water Development Board
Filed: May 26, 2020