IN ADDITION

Central Texas Workforce Development Board

Request for Proposals for Workforce Center Operations

The Central Texas Workforce Development Board, Inc., dba Workforce Solutions of Central Texas, is accepting proposals from qualified organizations for the management and operation of its Workforce Centers (aka One Stop Centers, aka American Job Centers). The local Workforce Centers provide business and job seekers services for the seven Texas counties of Bell, Coryell, Hamilton, Lampasas, Milam, Mills, and San Saba.

The Request for Proposals may be downloaded at www.workforcelink.com under Shortcuts: Vendor/Bid Opportunities. Prospective bidders may contact Horace Dicks by email at horaced@workforcelink.com to request a proposal package or to submit questions.

The Letter of Intent to Bid form included in the proposal packet must be received on or before 5:00 p.m. CDT on May 12, 2017. Questions must be submitted on or before 5:00 p.m. CDT on May 12, 2017. A mandatory Bidder's Conference Call will be held at 2:00 p.m. CDT on May 16, 2017. Answers to any questions received will be distributed on May 17, 2017.

Proposals are due at the Board office on or before 5:00 p.m. CDT, June 2, 2017. Late proposals will not be accepted.

TRD-201701749

Susan Kamas

Executive Director

Central Texas Workforce Development Board

Filed: May 1, 2017


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/08/17 - 05/14/17 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 05/08/17 - 05/14/17 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005 and §303.0093 for the period of 05/01/17 - 05/31/17 is 18% or Consumer/Agricultural/Commercial credit through $250,000.

The monthly ceiling as prescribed by §303.005 and §303.009 for the period of 05/01/17 - 05/31/17 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

3 For variable rate commercial transactions only.

TRD-201701771

Leslie Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 2, 2017


Court of Criminal Appeals

In the Court of Criminal Appeals of Texas

Misc. Docket No. 17-005

FINAL ORDER ADOPTING AMENDMENTS TO STATEWIDE RULES GOVERNING ELECTRONIC FILING IN CRIMINAL CASES

ORDERED that:

On February 13 and 14, 2017, the Supreme Court of Texas (Misc. Docket No. 17-9017) and the Court of Criminal Appeals (Misc. Docket No. 17-002) adopted amendments to the statewide rules governing electronic filing in criminal cases and invited public comment. After receiving public comments, the Supreme Court and the Court of Criminal Appeals have made revisions to the rules. This order incorporates those revisions and contains the final version of the rules.

The attached Statewide Rules Governing Electronic Filing in Criminal Cases replace and supplant the Proposed Statewide Rules Governing Electronic Filing in Criminal Cases effective November 1, 2015 (Misc. Docket Nos. 15-004, 15-9205).

The rules are effective May 1, 2017.

The Clerk is directed to:

a. file a copy of this order with the Secretary of State;

b. cause a copy of this order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;

c. send a copy of this order to each elected member of the Legislature; and

d. submit a copy of the order for publication in the Texas Register.

Dated: April 24, 2017.

___________________________

Sharon Keller, Presiding Judge

___________________________

Michael Keasler, Judge

___________________________

Barbara Hervey, Judge

___________________________

Elsa Alcala, Judge

___________________________

Bert Richardson, Judge

___________________________

Kevin P. Yeary, Judge

___________________________

David Newell, Judge

___________________________

Mary Lou Keel, Judge

___________________________

Scott Walker, Judge

STATEWIDE RULES GOVERNING ELECTRONIC FILING in CRIMINAL CASES

PART 1. GENERAL PROVISIONS

Rule 1.1 Scope

These rules govern the electronic filing of documents with the clerk in criminal cases in appellate courts, district courts, statutory county courts, and constitutional county courts in those counties in which criminal case electronic filing has been implemented pursuant to Rule 1.2 of these rules. A justice court or municipal court may implement criminal case electronic filing. If a justice court or municipal court implements an electronic filing system, the system must comply with these rules.

Rule 1.2 Electronic Filing

Clerks serving Texas appellate courts, district courts, statutory county courts, and constitutional county courts must implement criminal case electronic filing in compliance with the Court of Criminal Appeals' Order Mandating Statewide Electronic Filing in Criminal Cases (Misc. Docket No. 16-003) entered June 30, 2016, and any subsequent orders entered by the Court of Criminal Appeals governing electronic filing. A clerk may implement criminal case electronic filing prior to the mandatory date set out in the Court of Criminal Appeals' Order Mandating Statewide Electronic Filing in Criminal Cases. Once a court becomes subject to mandatory electronic filing, attorneys must electronically file all documents, pleadings, and materials filed in that court through the electronic filing portal provided or approved by the Office of Court Administration, except where these rules or other Texas law allow or mandate non-electronic (paper) filing. Attorneys must not file documents through any alternative electronic document filing transmission system, except in the event of an emergency or where these rules provide for the use of the alternative filing transmission system. Unrepresented parties may electronically file documents but it is not required.

Rule 1.3 Exceptions

The following may not be electronically filed:

(1) documents filed under seal or presented to the court in camera; and

(2) documents to which access is otherwise restricted by these rules, law, or court order.

Rule 1.4 Documents Containing Signatures

(a) A document that is electronically served, filed, or issued by a court or clerk is considered signed if the document includes:

(1) a "/s/" and name typed in the space where the signature would otherwise appear, unless the document is notarized or sworn; or

(2) an electronic image or scanned image of the signature.

(b) If a paper document must be notarized, sworn to, or made under oath, the filer may electronically file the paper document as a scanned image containing the necessary signature(s).

(c) If a paper document requires the signature of an opposing party, the filer may electronically file the paper document as a scanned image containing the opposing party's signature.

Rule 1.5. Courts Authorized to Make Electronic Orders

A judge may electronically sign an order by applying his or her electronic signature to the order. Judges are not required to electronically sign orders.

Comment to Part 1: These rules do not apply to court reporters, charging instruments, exhibits filed in a hearing or trial, or documents, such as plea paperwork, filed directly with a judge, and do not mandate electronic filing of these items. These rules do not authorize a clerk to require electronic filing by persons not represented by an attorney. Clerks should maintain a process for filing paper submissions from such filers. These rules also do not affect whether electronically filed documents may be posted on the internet. Any posting of filed documents, pleadings, or materials to the internet must comply with Part 4 of these rules.

PART 2. FILING MECHANISM

Rule 2.1 Office of Court Administration established Electronic Filing Manager

Electronic filing must be done through the electronic filing manager established by the Office of Court Administration and an electronic filing service provider certified by the Office of Court Administration or through another electronic filing portal approved by the Office of Court Administration.

Rule 2.2 Format

An electronically filed document must:

(1) be in text-searchable portable document format (PDF);

(2) be directly converted to PDF rather than scanned, if possible;

(3) not be locked; and

(4) otherwise comply with the Technology Standards set by the Judicial Committee on Information Technology and approved by the Supreme Court and the Court of Criminal Appeals.

Rule 2.3 Timely Filing

(a) Unless a statute, rule, or court order requires that a document be filed by a certain time of day, a document is considered timely filed if it is electronically filed at any time before midnight (in the court's time zone) on the day of the filing deadline. An electronically filed document is deemed filed when transmitted to the filing party's electronic filing service provider, except:

(1) if a document is transmitted on a Saturday, Sunday, or legal holiday, it is deemed filed on the next day that is not a Saturday, Sunday, or legal holiday; and

(2) if a document requires a motion and an order allowing its filing, the document is deemed filed on the date the motion is granted.

(b) If a document is untimely filed due to a technical failure or a system outage, the filing party may seek appropriate relief from the court.

Comment to Rule 2.3: This rule addresses when a document is timely filed for purposes of meeting a legal deadline imposed by a statute or a court. A clerk's acceptance of a document on a weekend or legal holiday does not impact whether a document is timely filed under this rule.

Rule 2.4 E-Mail Address Required

The email address of any person who electronically files a document must be included on the document.

Rule 2.5 Paper Copies

At the time of filing, a filer need not provide paper copies of an electronically filed document. A filer should provide paper copies of electronically filed documents upon request by a court.

Rule 2.6 Non-Conforming Documents

The clerk may not refuse a document that fails to conform to these rules. But the clerk may identify the error to be corrected and state a deadline for the party to resubmit the document in a conforming format.

Comment to Rule 2.6: The intent of this rule is to establish that a clerk may not refuse a document for any perceived violation of these rules. However, the rule permits a clerk the limited authority to identify errors the clerk perceives with whether a filing complies with the Judicial Committee on Information Technology Standards currently in effect. When a clerk notifies a filer of an error, it is inconsequential to a judicial determination regarding whether the document submitted actually violates these rules, and it does not constitute an extension of time to file the document. The purpose of the deadline is to allow for a non-conforming document to be conformed to these rules. The deadline for correction established by the clerk should permit only a reasonable amount of time to allow for the filing to be conformed to the requirements of these rules, and, in general, the deadline should not exceed 72 hours.

Rule 2.7 Electronic Notices from the Court

The clerk may send notices, orders, or other communications about the case to the party electronically. A court seal may be electronic.

Rule 2.8 Official Record

The clerk may designate an electronically filed document or a scanned paper document as the official court record. The clerk is not required to keep both paper and electronic versions of the same document. However, the clerk must not destroy scanned paper documents and other scanned materials until the clerk has determined that the scanned image is an accurate copy of the paper documents and materials.

Comment to Rule 2.8: This rule does not authorize or permit the destruction of original trial or hearing exhibits.

PART 3. SERVICE OF DOCUMENTS

Rule 3.1 Electronic Service of Documents

Every notice required by these rules, and every pleading, plea, motion, or other form of request required to be served, except as otherwise expressly provided in these rules, must be served by delivering a copy to the party to be served, or the party's duly authorized agent or attorney of record.

Documents Filed Electronically. A document filed electronically under these rules must be served electronically through the electronic filing manager if the email address of the party or attorney to be served is on file with the electronic filing manager. If the email address of the party or attorney to be served is not on file with the electronic filing manager, the document must be served on that party or attorney as permitted by law.

Rule 3.2 Electronic Service Complete

Electronic service is complete on transmission of the document to the serving party's electronic filing service provider. The electronic filing manager will send confirmation of service to the serving party.

Rule 3.3 Proof of Service

The party or attorney of record shall certify to the court compliance with this rule in writing above the signature on the filed instrument. A certificate by a party or an attorney of record, or the return of the officer, or the affidavit of any other person showing service of a notice shall be prima facie evidence of the fact of service. Nothing herein shall preclude any party from offering proof that the document, notice, or instrument was not received, and upon so finding, the court may extend the time for taking the action required of such party or grant such other relief as it deems just.

PART 4. PRIVACY PROTECTION FOR FILED DOCUMENTS

Rule 4.1 Sensitive Data Defined

Sensitive data consists of:

(1) a driver's license number, passport number, social security number, tax identification number, or similar government-issued personal identification number;

(2) a bank account number, credit card number, or other financial account number;

(3) a birth date, home address, or personal phone number; and

(4) the name of any person who was a minor when the underlying suit was filed unless, under Texas Family Code Section 54.02, a juvenile court has waived its exclusive original jurisdiction and transferred the individual to a district court.

Rule 4.2 Filing of Documents Containing Sensitive Data Prohibited

An electronic or paper document containing sensitive data may not be filed with a court unless the sensitive data is redacted. Documents containing sensitive data may be filed with a court when the data's inclusion is specifically required by a statute, court rule, or administrative regulation, or when the data is exempt from redaction under Texas Rule of Appellate Procedure 9.10.

Rule 4.3 Redaction of Sensitive Data; Retention Requirement

Sensitive data must be redacted by using the letter "X" in place of each omitted digit or character or by removing the sensitive data in a manner indicating that the data has been redacted. The filing party must retain an unredacted version of the filed document during the pendency of the case and any related appellate proceedings filed within three years of the date the judgment is signed.

Rule 4.4 Notice to Clerk

If an electronic or paper document must contain sensitive data, the filing party must state on the upper left-hand side of the first page, "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA." This notice is not required if the only sensitive data contained in the document is exempt from redaction under Texas Rule of Appellate Procedure 9.10.

Rule 4.5 Non-Conforming Documents

The clerk may not refuse a document that contains sensitive data in violation of these rules or any other statute, rule, or court order. But the clerk may identify the error to be corrected and state a deadline for the party to resubmit a redacted, substitute document.

Comment to Rule 4.5: The intent of this rule is to establish that a clerk may not refuse a document for any perceived violation of these rules. However, the rule permits a clerk the limited authority to identify information the clerk perceives to be sensitive data. When a clerk identifies such information to a filer, it does not constitute an extension of time to file the document. The purpose of the deadline is to allow for a non-conforming document to be conformed to these rules. The deadline for correction established by the clerk should permit only a reasonable amount of time to allow for the filing to be conformed to the requirements of these rules, and, in general, the deadline should not exceed 72 hours.

Rule 4.6 Restriction on Remote Access

Documents that contain sensitive data restricted by these rules or any State or Federal law must not be posted on the internet.

TRD-201701708

Abel Acosta

Clerk

Court of Criminal Appeals

Filed: April 27, 2017


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 12, 2017. 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 June 12, 2017. 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: Ash Grove Cement Company; DOCKET NUMBER: 2017-0167-IWD-E; IDENTIFIER: RN100225978; LOCATION: Midlothian, Ellis County; TYPE OF FACILITY: cement manufacturing plant; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0002427000, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, Outfall Numbers 001 and 101, by failing to comply with permitted effluent limitations; PENALTY: $15,900; ENFORCEMENT COORDINATOR: Ariel Ramirez, (512) 239-4935; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: City of Alba; DOCKET NUMBER: 2016-2054-MWD-E; IDENTIFIER: RN101721405; LOCATION: Alba, Wood County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0014451001, Effluent Limitations and Monitoring Requirements Numbers 1 and 3, by failing to comply with permitted effluent limitations; PENALTY: $65,812; Supplement Environmental Project offset amount of $65,812; ENFORCEMENT COORDINATOR: Ariel Ramirez, (512) 239-4935; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(3) COMPANY: City of Crowell; DOCKET NUMBER: 2017-0020-PWS-E; IDENTIFIER: RN101383636; LOCATION: Crowell, Foard 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: $690; Supplemental Environmental Project offset amount of $690; ENFORCEMENT COORDINATOR: Ariel Ramirez, (512) 239-4935; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(4) COMPANY: City of Elkhart; DOCKET NUMBER: 2017-0224-PWS-E; IDENTIFIER: RN101400877; LOCATION: Elkhart, Anderson County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(q)(1) and (2), by failing to issue a boil water notification to the customers of the facility within 24 hours of a low pressure event or water outage using the prescribed format in 30 TAC §290.47(c); PENALTY: $180; ENFORCEMENT COORDINATOR: Michaelle Garza, (210) 403-4076; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(5) COMPANY: City of Mertzon; DOCKET NUMBER: 2016-0748-PWS-E; IDENTIFIER: RN101204782; LOCATION: Mertzon, Irion County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(f)(1) and (2) and (3)(A)(ii)(II), (B)(v), (D)(i), and (ii), by failing to maintain operating records organized, keep copies on file or electronically, and make them readily available for review to the executive director at the time of the investigation; 30 TAC §290.121(a) and (b), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the public water system will use to comply with the monitoring requirements; 30 TAC §290.110(f)(1)(A), by failing to include all samples collected at sites designated in the monitoring plan as microbiological and disinfectant residual monitoring sites in the compliance determination calculations; 30 TAC §290.42(l), by failing to develop and maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.41(c)(3)(O), by failing to protect all completed well units by intruder-resistant fences, the gates of which are provided with locks, or shall be enclosed in locked, ventilated well houses which are locked during periods of darkness and when the plant is unattended; 30 TAC §290.41(c)(3)(K), by failing to properly seal the wellhead with the use of a gasket or a sealing compound; 30 TAC §290.42(e)(5), by failing to properly cover the hypochlorination solution container to prevent the entrance of contaminants; 30 TAC §290.41(c)(1)(D), by failing to ensure that livestock are not allowed within 50 feet of a water supply well; and 30 TAC §290.46(v), by failing to ensure that the electrical wiring is securely installed in compliance with a local or national electrical code; PENALTY: $2,940; ENFORCEMENT COORDINATOR: Katy Montgomery, (210) 403-4016; REGIONAL OFFICE: 622 South Oakes Street, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(6) COMPANY: City of Sonora; DOCKET NUMBER: 2017-0014-MLM-E; IDENTIFIER: RN101384261; LOCATION: Sonora, Sutton County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(e)(4)(C), by failing to provide forced air ventilation, which includes both high level and floor level screened and louvered vents, a fan which is located at and draws air in through the top vent and discharges to the outside atmosphere through the floor level vent, and a fan switch located outside, for enclosures containing more than one operating 150-pound cylinder of chlorine; 30 TAC §290.42(l), by failing to compile and maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.41(c)(3)(K), by failing to seal wellheads and pump bases by a gasket or sealing compound; 30 TAC §290.41(c)(3)(Q), by failing to ensure that all openings to the atmosphere are covered with a 16-mesh or finer corrosion resistant screening material or an acceptable equivalent; 30 TAC §290.42(e)(4)(A), by failing to provide a bottle of fresh ammonia solution (or approved equal) for testing for chlorine leakage readily accessible outside the chlorinator room and immediately available to the operator in the event of an emergency; 30 TAC §290.43(c)(3), by failing to maintain the facility's storage tanks in strict accordance with current American Water Works Association Standards with an overflow pipe that terminates downward with a gravity-hinged and weighted cover tightly fitted with no gap over 1/16 inch; 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 §290.46(j), by failing to complete a Customer Service Inspection (CSI) certificate prior to providing continuous water service to new construction, and failing to get approval from the executive director (ED) prior to using a CSI certificate which varies from the format found in Form TCEQ-20699; 30 TAC §290.46(s), by failing to use accurate testing equipment to monitor the effectiveness of any chemical treatment; 30 TAC §290.46(v), by failing to securely install all water system electrical wiring in compliance with a local or national electrical code; 30 TAC §§290.41(c)(3)(O), 290.42(m), and 290.43(e), by failing to provide an intruder-resistant fence or well house around each water treatment plant, well unit, potable water storage tank, pressure maintenance facility, and related appurtenances that remains locked during periods of darkness and when the facility is unattended; and 25 TAC §295.182(b)(2) and 40 Code of Federal Regulations §370.45(a), by failing to submit an annual Tier Two form and the appropriate filing fee to the ED no later than March 1st of each year for the calendar year 2015; PENALTY: $4,576; ENFORCEMENT COORDINATOR: Jason Fraley, (512) 239-2552; REGIONAL OFFICE: 622 South Oakes Street, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(7) COMPANY: Crestchem LLC; DOCKET NUMBER: 2016-1572-IWD-E; IDENTIFIER: RN102286374; LOCATION: Baytown, Chambers County; TYPE OF FACILITY: organic chemical and petroleum processing plant; RULES VIOLATED: 30 TAC §305.125(1) and (17), and §319.7(d), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0004116000, Monitoring and Reporting Requirements Number 1, by failing to submit discharge monitoring reports (DMRs) at the intervals specified in the permit; 30 TAC §305.125(1) and (17), and §319.7(d), and TPDES Permit Number WQ0004116000, Monitoring and Reporting Requirements Numbers 1 and 2, by failing to include all effluent monitoring results on the DMRs; 30 TAC §§305.125(1) and (11)(A), 319.4, and 319.5(b), and TPDES Permit Number WQ0004116000, Attachment B, 24-Hour Acute Biomonitoring Requirements: Marine Numbers 1 and 3, by failing to submit monitoring results for the 24-hour acute biomonitoring period ending June 30, 2015; TWC, §26.121(a)(1), 30 TAC §305.125(1), and TPDES Permit Number WQ0004116000, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; and TWC, §5.702, by failing to pay the regulatory assessed penalty and associated late fees for TCEQ Financial Administration Account Number 20006998; PENALTY: $33,510; ENFORCEMENT COORDINATOR: James Boyle, (512) 239-2527; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(8) COMPANY: Enbridge Pipelines (Texas Gathering) L.P.; DOCKET NUMBER: 2017-0053-AIR-E; IDENTIFIER: RN104294111; LOCATION: Allison, Wheeler County; TYPE OF FACILITY: natural gas processing plant; RULES VIOLATED: 30 TAC §§116.115(b)(2)(F) and (c), 116.615(2), and 122.143(4), Federal Operating Permit Number O2796/Oil and Gas General Operating Permit Number 514, Site-Wide Requirements (b)(9)(B), Standard Permit Registration Number 128824, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $25,000; Supplemental Environmental Project offset amount of $12,500; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(9) COMPANY: GE Betz, Incorporated; DOCKET NUMBER: 2017-0062-MLM-E; IDENTIFIER: RN102601994; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: chemical plant; RULES VIOLATED: TWC, §26.121(a)(1), by failing to prevent an unauthorized discharge of a premium solvent into or adjacent to any water in the state; 30 TAC §101.4 and Texas Health and Safety Code, §382.085(a) and (b), by failing to prevent nuisance conditions; 30 TAC §335.69(a)(4)(A) and §335.112(a)(2), and 40 Code of Federal Regulations (CFR) §265.31, by failing to maintain and operate the facility to minimize the possibility of a fire, explosion, or any unplanned, sudden, or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment; and 30 TAC §335.69(a)(4) and 40 CFR §262.34(a)(4) and §265.52, by failing to maintain an adequate contingency plan; PENALTY: $44,438; ENFORCEMENT COORDINATOR: Jonathan Nguyen, (512) 239-1661; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(10) COMPANY: INTERNATIONAL EDUCATIONAL SERVICES, INCORPORATED; DOCKET NUMBER: 2015-0851-MWD-E; IDENTIFIER: RN102179124; LOCATION: Driscoll, Nueces County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1) and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0014981001, Operational Requirements Number 4, by failing to provide adequate safeguards to prevent the discharge of untreated or inadequately treated wastes during electrical power failures; 30 TAC §305.125(1) and (5), and TPDES Permit Number WQ0014981001, Operational Requirements Number 1 and Effluent Limitations and Monitoring Requirements Number 4, by failing to properly operate and maintain the facility and all of its systems of collection, treatment, and disposal; 30 TAC §305.125(1) and §319.7(a)(1), (2), (3), and (5), and TPDES Permit Number WQ0014981001, Monitoring and Reporting Requirements Number 3(c), by failing to maintain records of monitoring activities; 30 TAC §§305.125(1), 319.9(d), and 319.11(c), 40 Code of Federal Regulations Part 136, and TPDES Permit Number WQ0014981001, Monitoring and Reporting Requirements Number 2(a), by failing to analyze effluent samples as specified by the permit; 30 TAC §§305.125(1), 319.1, 319.4, and 319.5(a) and (b), and TPDES Permit Number WQ0014981001, Monitoring and Reporting Requirements Numbers 3(b) and 3(c), by failing to collect and analyze effluent at the intervals specified in the permit; and TWC, §26.121(a)(1), 30 TAC §305.125(1), and TPDES Permit Number WQ0014981001, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, by failing to comply with permitted effluent limits; PENALTY: $34,607; ENFORCEMENT COORDINATOR: Had Darling, (512) 239-2520; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(11) COMPANY: Ismael Ortiz; DOCKET NUMBER: 2017-0490-WOC-E; IDENTIFIER: RN103544920; LOCATION: Fabens, El Paso County; TYPE OF FACILITY: wastewater; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(12) COMPANY: Joel Apodaca Sr.; DOCKET NUMBER: 2017-0489-WOC-E; IDENTIFIER: RN103302899; LOCATION: Fabens, El Paso County; TYPE OF FACILITY: wastewater; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(13) COMPANY: KISMAT, INCORPORATED dba ANV Quick Stop; DOCKET NUMBER: 2017-0052-PST-E; IDENTIFIER: RN102342797; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.51(b)(2) and TWC, §26.3475(c)(2), by failing to equip each tank with overfill prevention equipment; PENALTY: $1,562; ENFORCEMENT COORDINATOR: James Baldwin, (512) 239-1337; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: KM Liquids Terminals LLC; DOCKET NUMBER: 2017-0373-AIR-E; IDENTIFIER: RN100224815; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: bulk liquid storage terminal; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), Texas Health and Safety Code, §382.085(b), Federal Operating Permit Number O984, Special Terms and Conditions Number 17, and New Source Review Permit Number 5171, Special Conditions Number 1, by failing to comply with the maximum allowable emissions rates for Marine Flare Number 1, Emission Point Number FL-1; PENALTY: $10,650; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(15) COMPANY: Maverick County; DOCKET NUMBER: 2017-0039-MSW-E; IDENTIFIERS: RN108401548 (Site 1) and RN108770629 (Site 2); LOCATION: Eagle Pass, Maverick County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) disposal site; RULES VIOLATED: 30 TAC §330.15(a) and (c), by failing to cause, suffer, allow, or permit the collection, storage, transportation, processing, or disposal of MSW; PENALTY: $37,500; ENFORCEMENT COORDINATOR: Margarita Dennis, (817) 588-5892; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(16) COMPANY: MEMC Pasadena, Incorporated; DOCKET NUMBER: 2016-1978-AIR-E; IDENTIFIER: RN101062099; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §122.143(4) and §122.146(2), Federal Operating Permit Number O1412, General Terms and Conditions and Special Terms and Conditions Number 15, and Texas Health and Safety Code, §382.085(b), by failing to submit a Permit Compliance Certification within 30 days after the end of the certification period; PENALTY: $5,438; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(17) COMPANY: New Oasis Kingdom Assembly Church; DOCKET NUMBER: 2017-0102-PWS-E; IDENTIFIER: RN102323458; LOCATION: Houston, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(f)(4) and §290.106(e), by failing to report the results of nitrate sampling to the executive director (ED); 30 TAC §290.46(f)(4) and §290.106(e), by failing to report the results of cyanide sampling to the ED; 30 TAC §290.46(f)(4) and §290.106(e), by failing to report the results of metal sampling to the ED; 30 TAC §290.46(f)(4) and §290.106(e), by failing to report the results of mineral sampling to the ED; 30 TAC §290.46(f)(4) and §290.107(e), by failing to report the results of volatile organic chemical contaminant sampling to the ED; and 30 TAC §290.51(a)(6) and TWC, §5.702, by failing to pay public health service fees, including late fees, for TCEQ Financial Administration Account Number 91011118 for Fiscal Years 2015 - 2017; PENALTY: $465; ENFORCEMENT COORDINATOR: Michaelle Garza, (210) 403-4076; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(18) COMPANY: Nichols Ford, Limited; DOCKET NUMBER: 2017-0023-AIR-E; IDENTIFIER: RN100752559; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: auto body refinishing operation; RULES VIOLATED: 30 TAC §106.436(14), and §115.421(12), Permit by Rule Registration Number 30077, and Texas Health and Safety Code, §382.085(b), by failing to comply with the required volatile organic compounds content of 1.4 pounds per gallon for wipe-down solutions utilized at auto body refinishing operations; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(19) COMPANY: Oiler Country Store, LLC; DOCKET NUMBER: 2016-2131-PST-E; IDENTIFIER: RN102279775; LOCATION: Batson, Hardin County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(d)(1)(B)(ii) and (iii)(I), and TWC, §26.3475(c)(1), by failing to conduct detailed reconciliation of inventory control records at least once a month, in a manner sufficiently accurate to detect a release which equals or exceeds the sum of 1.0% of the total substance flow-through for the month plus 130 gallons, and failing to record inventory volume measurement for the regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2), by failing to equip each underground storage tank (UST) with overfill prevention equipment; 30 TAC §115.245(2) and Texas Health and Safety Code (THSC), §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 12 months; 30 TAC §334.42(i) and TWC, §26.3475(c)(2), by failing to inspect all sumps, including dispenser sumps, manways, overspill containers or catchment basins associated with a UST system at least once every 60 days to assure that their sides, bottoms, and any penetration points are maintained liquid tight and free of any liquid or debris; 30 TAC §334.10(b)(1)(B), by failing to maintain UST records and make them immediately available for inspection upon request by agency personnel; and 30 TAC §115.246(b)(2) and THSC, §382.085(b), by failing to maintain all Stage II records at the station and make them immediately available for review upon request by agency personnel; PENALTY: $10,153; ENFORCEMENT COORDINATOR: Rebecca Boyett, (512) 239-2503; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(20) COMPANY: Owens Corning Insulating Systems, LLC; DOCKET NUMBER: 2017-0285-AIR-E; IDENTIFIER: RN100223585; LOCATION: Waxahachie, Ellis County; TYPE OF FACILITY: insulation manufacturing plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c), Texas Health and Safety Code (THSC), §382.085(b), and New Source Review Permit Number 6093, Special Conditions Number 1, by failing to prevent unauthorized emissions; and 30 TAC §101.201(c), and THSC, §382.085(b), by failing to submit a final record for Incident Number 242790 no later than two weeks after the end of the emissions event; PENALTY: $6,880; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(21) COMPANY: RANGER UTILITY COMPANY; DOCKET NUMBER: 2016-1966-PWS-E; IDENTIFIER: RN101216133; LOCATION: Waller, Waller County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.110(e)(4)(A) and (f)(3), and §290.122(c)(2)(A) and (f), by failing to submit a Disinfectant Level Quarterly Operating Report (DLQOR) to the executive director (ED) each quarter by the tenth day of the month following the end of each quarter, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a DLQOR; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a DLQOR; 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 of each year, and failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data; 30 TAC §290.117(c)(2)(C), (h), and (i)(1), by failing to collect lead and copper tap samples at the required five sample sites, and submit the results to the ED; and 30 TAC §291.76 and TWC, §5.702, by failing to pay regulatory fees for the TCEQ Public Utility Account regarding Certificate of Convenience and Necessity Number 12324; PENALTY: $1,351; ENFORCEMENT COORDINATOR: Ross Luedtke, (512) 239-3157; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(22) COMPANY: SHRI SWAMIKRUPA, INCORPORATED; DOCKET NUMBER: 2017-0197-PWS-E; IDENTIFIER: RN101442291; LOCATION: Columbus, Colorado County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.106(f)(2) and §290.122(a)(2) and (f), and Texas Health and Safety Code, §341.031(a), by failing to comply with the acute maximum contaminant level (MCL) of ten milligrams per liter for nitrate, and failing to issue public notification regarding the acute MCL violation for nitrate and submit a copy of the notification to the executive director; and 30 TAC §290.51(a)(6), and TWC, §5.702, by failing to pay public health service fees, including late fees, for TCEQ Financial Administration Account Number 90450043 for Fiscal Year 2017; PENALTY: $330; ENFORCEMENT COORDINATOR: Michaelle Garza, (210) 403-4076; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(23) COMPANY: Steve Piper dba KING-COTTLE WATER SUPPLY CORPORATION; DOCKET NUMBER: 2017-0306-PWS-E; IDENTIFIER: RN101458602; LOCATION: Paducah, Cottle County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(q)(1) and (2), by failing to issue a boil water notification to persons of the facility within 24 hours of a water outage using the prescribed notification format as specified in 30 TAC §290.47(c); PENALTY: $280; ENFORCEMENT COORDINATOR: Katy Montgomery, (210) 403-4016; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(24) COMPANY: Targa Midstream Services LLC; DOCKET NUMBER: 2017-0173-AIR-E; IDENTIFIER: RN100238716; LOCATION: Chico, Wise County; TYPE OF FACILITY: natural gas plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c), and §122.143(4), Texas Health and Safety Code (THSC), §382.085(b), Federal Operating Permit (FOP) Number O3181, Special Terms and Conditions (STC) Number 12, and New Source Review Permit Number 84108, Special Conditions Number 1, by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1)(B) and §122.143(4), FOP Number O3181, STC Number 2.F, and THSC, §382.085(b), by failing to submit the initial notification for a reportable emissions event no later than 24 hours after the discovery of an emissions event; PENALTY: $8,000; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(25) COMPANY: Total Petrochemicals and Refining USA, Incorporated; DOCKET NUMBER: 2017-0216-AIR-E; IDENTIFIER: RN100212109; LOCATION: La Porte, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c), and §122.143(4), Texas Health and Safety Code, §382.085(b), New Source Review Permit Number 3908B, Special Conditions Number 1, and Federal Operating Permit Number O1293, Special Terms and Conditions Number 14, by failing to prevent unauthorized emissions; PENALTY: $13,125; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-201701761

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 2, 2017


Notice of Application and Public Hearing for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls Proposed Air Quality Registration Number 145736

APPLICATION. Treffinger Inc, P.O. Box 360007, Dallas, Texas 75336-0007 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 145736 to authorize the operation of a permanent concrete batch plant. The facility is proposed to be located at 9720 Farm-to-Market Road 2932, Terrell, Kaufman County, Texas 75160. 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=32.6719&lng=-96.4047&zoom=13&type=r. This application was submitted to the TCEQ on March 1, 2017. 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 April 6, 2017.

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 www.tceq.texas.gov/about/comments.html. Any personal information you submit to the TCEQ will become part of the agency's record; this includes email addresses.

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:

Monday, June 5, 2017, at 6:00 p.m.

The Garden Event Center

819 West Moore Avenue

Terrell, Texas 75160

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 Treffinger, Inc., P.O. Box 360007, Dallas, Texas 75336-0007, or by calling Ms. Andrea Kidd, Environmental Specialist, Westward Environmental, Inc. at (830) 249-8284.

Notice Issuance Date: April 25, 2017

TRD-201701779

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 3, 2017


Notice of Hearing

WILLIAM D. CARROLL & MARY L. CARROLL

SOAH Docket No. 582-17-3837

TCEQ Docket No. 2011-0086-WR

Application No. 5161C

APPLICATION.

William D. Carroll & Mary L. Carroll, 3450 Highway 2247, Comanche, Texas 74642, Applicants or Permittees, have applied to the Texas Commission on Environmental Quality (TCEQ) for an amendment to a Water Use Permit pursuant to Texas Water Code § 11.122 and TCEQ Rules Title 30 Texas Administrative Code (TAC) §295.159, et seq.

William D. Carroll & Mary L. Carroll have applied to amend Water Use Permit No. 5161 to extend or delete the expiration date of the permit to maintain an exempt reservoir (Reservoir 1) on an unnamed tributary of Copperas (Rush) Creek, Brazos River Basin and an off-channel reservoir (Reservoir 2) and to divert and use 54 acre-feet of water per year from Reservoir 1 for agricultural purposes to irrigate in Comanche County.

Water Use Permit No. 5161 authorizes the Permittees to maintain an exempt reservoir (Reservoir 1) with a capacity of 97.7 acre-feet on an unnamed tributary of Copperas (Rush) Creek, tributary of the Leon River, tributary of the Little River, tributary of the Brazos River, Brazos River Basin and an off-channel reservoir (Reservoir 2) with a capacity of 52.7 acre-feet. The permit further authorizes the Permittees to divert and use 54 acre-feet of water per year from Reservoir 1 at a maximum diversion rate of 2.2 cfs (1,000 gpm) for agricultural purposes to irrigate 150 acres of land out of a 336.704-acre tract in Comanche County. The term permit expired on December 31, 2009.

Applicants seek to amend Water Use Permit No. 5161 to extend or delete the expiration date. Applicants indicate the reservoirs and diversion point are located within zip code 76442.

The application and a portion of the required fees were received on October 23, 2009. Additional information and fees were received on February 18, and March 17, 2010. The application was declared administratively complete and filed with the Office of the Chief Clerk on March 19, 2010.

The Executive Director has completed the technical review of the application and based on the results of the water availability analysis, neither unappropriated water nor appropriated but unused water is available in the Brazos River Basin to support the Applicants' request. Staff therefore recommends that the application be denied. Staff notes that the existing on-channel reservoir can be maintained for domestic and livestock use, at a capacity at or below 200 acre-feet on average within any twelve month period, with no right of diversion for agricultural use. The application and technical memoranda are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Bldg. F., Austin, Texas 78753.

CONTESTED CASE HEARING.

SOAH will conduct a preliminary hearing on this application at:

10:00 a.m. - June 5, 2017

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of a preliminary hearing is to establish jurisdiction, name the parties, establish a procedural schedule for the remainder of the proceeding, allow an opportunity for settlement discussions, and to address other matters as determined by the judge. The evidentiary hearing phase of the proceeding 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 11, Texas Water Code; and the procedural rules of the TCEQ and SOAH, including 30 Texas Administrative Code (TAC) Chapter 80 and 1 TAC Chapter 155.

The applicant is automatically a party in this hearing. If anyone else wishes to be a party to the hearing, he or she must attend the hearing and show how he or she would be adversely affected by the application in a way not common to members of the general public. Any person may attend the hearing and any person may request to be a party. Only persons named as parties may participate at the hearing.

In accordance with 1 Texas Admin. 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 about the TCEQ can be found at http://www.tceq.texas.gov/.

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

TRD-201701777

Bridget C. Bohac

Chief Clerk

Texas Commission of Environmental Quality

Filed: May 3, 2017


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of B, C & C MANAGEMENT, INC.

SOAH Docket No. 582-17-3821

TCEQ Docket No. 2016-1696-PST-E

The Texas Commission on Environmental Quality (TCEQ or the Commission) has referred this matter to the State Office of Administrative Hearings (SOAH). An Administrative Law Judge with the State Office of Administrative Hearings will conduct a public hearing at:

10:00 a.m. - June 1, 2017

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed January 25, 2017 concerning assessing administrative penalties against and requiring certain actions of B, C & C MANAGEMENT, INC., for violations in San Patricio County, Texas, of: Texas Water Code §26.3475(d), and 30 Texas Admin. Code §§334.7(d)(3), 334.54(b)(2) and (c)(1), and 334.602(a).

The hearing will allow B, C & C MANAGEMENT, INC., the Executive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford B, C & C MANAGEMENT, INC., the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of B, C & C MANAGEMENT, INC. to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may be granted by default. The specific allegations included in the notice are those set forth in the Executive Director's Preliminary Report and Petition, attached hereto and incorporated herein for all purposes. B, C & C MANAGEMENT, INC., the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Texas Water Code §7.054 and chs. 7 and 26, and 30 Texas Admin. Code chs. 70 and 334; Texas Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Texas Admin. Code §§70.108 and 70.109 and ch. 80, and 1 Texas Admin. Code ch. 155.

Further information regarding this hearing may be obtained by contacting Jess Robinson, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information concerning your participation in this hearing may be obtained by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.

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

In accordance with 1 Texas Admin. 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."

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

TRD-201701776

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 3, 2017


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of TAAS CORPORATION

SOAH Docket No. 582-17-3822

TCEQ Docket No. 2016-1374-PST-E

The Texas Commission on Environmental Quality (TCEQ or the Commission) has referred this matter to the State Office of Administrative Hearings (SOAH). An Administrative Law Judge with the State Office of Administrative Hearings will conduct a public hearing at:

10:00 a.m. - June 1, 2017

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed February 7, 2017 concerning assessing administrative penalties against and requiring certain actions of TAAS Corporation, for violations in Tarrant County, Texas, of: Texas Water Code §26.3475(a) and 30 Texas Admin. Code §334.50(b)(2).

The hearing will allow TAAS Corporation, the Executive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford TAAS Corporation, the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of TAAS Corporation to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may be granted by default. The specific allegations included in the notice are those set forth in the Executive Director's Preliminary Report and Petition, attached hereto and incorporated herein for all purposes. TAAS Corporation, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Texas Water Code §7.054, Texas Water Code chs. 7 and 26, and 30 Texas Admin. Code chs. 70 and 334; Texas Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Texas Admin. Code §§70.108 and 70.109 and ch. 80, and 1 Texas Admin. Code ch. 155.

Further information regarding this hearing may be obtained by contacting Jess Robinson, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information concerning your participation in this hearing may be obtained by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P. O. Box address given above, or by telephone at (512) 239-6363.

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

In accordance with 1 Texas Admin. 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."

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

TRD-201701778

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 3, 2017


Notice of Public Input Period on the Draft of Texas's Multi-Year Implementation Plan

Toby Baker, Commissioner of the Texas Commission on Environmental Quality (TCEQ), announces the opportunity for the public to provide input on Texas' draft Multi-Year Implementation Plan (MIP) to secure funds under the Direct Component (Bucket 1) section of the federal RESTORE Act.

In response to the Deepwater Horizon (DWH) oil spill, the federal RESTORE Act was signed into law in 2012. The RESTORE Act establishes a regional approach to restore the long-term environmental health of the Gulf Coast region and to facilitate its economic development.

The RESTORE Act dedicates 80% of any civil and administrative penalties paid under the Clean Water Act by responsible parties in connection with the DWH oil spill. Those funds are deposited to the federal Gulf Coast Restoration Trust Fund (RESTORE Trust Fund) to be used for ecosystem restoration, economic recovery, and tourism promotion in the Gulf Coast region. These funds are available to the Gulf Coast area, including the state of Texas.

In his capacity as TCEQ Commissioner, Toby Baker was appointed by the Governor to perform RESTORE-related duties for Texas, including representing the state on the federal RESTORE Council. TCEQ, on behalf of the Governor and Commissioner Baker, is tasked with assisting in the implementation of the federal RESTORE Act in Texas.

The RESTORE Act establishes several grant programs to benefit the Gulf Coast region. To acquire federal RESTORE funds under the Direct Component (Bucket 1) section of the RESTORE Act, the state is required to develop a MIP that includes specific activities to be implemented in the coastal area.

The draft MIP was developed as part of a competitive process that began with the publication of a Request for Grant Applications (RFGA) in 2016. The over 200 applications that were submitted were reviewed and scored by a review team consisting of four state agencies and the Office of the Governor. For the next step in the continuing competitive process, Commissioner Baker, in consultation with the Governor, developed the draft list of activities included in the draft MIP.

Prior to finalizing the MIP for submission to the United States Treasury, a draft MIP must be published for a 45-day public input period. This request for public input is the next stage in the on-going evaluation process to determine activities for inclusion in Texas' MIP, as well as the final determination of what will be applied for funding and ultimately what will receive funding through grant contracts with the TCEQ. Due to ongoing payments into the RESTORE Trust Fund, the total funding available under the Direct Component (Bucket 1) grant program now exceeds the $56 million originally identified in the RFGA. However, the total cost of activities included in the draft MIP is greater than the total available. Eligibility for funding requires that activities directly benefit the coastal area and address ecosystem restoration, economic development and/or tourism.

The draft MIP, posted at Texas' RESTORE website http://www.restorethetexascoast.org/, includes the following federally required documents:

* a matrix providing general information on activities considered for inclusion in MIP, including costs to implement the activities and the state's cost to manage the grants;

* a narrative describing elements of the activities considered for inclusion in the MIP, as well as general information on the review and selection process being employed;

* a map showing the location of the activities that are being considered for inclusion in the MIP; and

* for reference, a draft Project List of activities being considered for inclusion in the MIP.

Since the final list of activities is still being evaluated and developed, comments on activities not included in the draft MIP will also be considered in developing the final MIP that will be submitted to the United States Treasury for acceptance.

Written comments on the draft MIP should be submitted electronically no later than 5:00 p.m. central time on June 26, 2017, to rcomments@tceq.texas.gov.

TRD-201701758

Beth West for David Timberger

Director, General Law Division

Texas Commission on Environmental Quality

Filed: May 1, 2017


Notice of the Availability of the Draft 2017 Texas Nonpoint Source Management Program Update

The Texas Nonpoint Source Management Program (Management Program) is the State's comprehensive strategy to protect and restore water quality in waterbodies impacted by nonpoint sources of water pollution. The Management Program is required under federal Clean Water Act (CWA), §319(b). The Management Program is jointly administered by the Texas Commission on Environmental Quality (TCEQ) and the Texas State Soil and Water Conservation Board (TSSWCB). The State must have a federally-approved Management Program in order to continue receiving federal CWA, §319(h) grant monies from the United States Environmental Protection Agency (EPA).

The Management Program was last updated and submitted to EPA in July 2012 and must now be updated and revised. The TCEQ and the TSSWCB request your review and comments on the draft 2017 Management Program.

This draft document has been jointly developed by staff of the TCEQ and TSSWCB consistent with regulatory guidance to satisfy requirements of the federal CWA. The document incorporates EPA's eight components of an effective program; establishes long and short-term goals for the program; provides for the coordination of nonpoint source related programs and activities conducted by federal, state, regional, and local entities; and prioritizes assessment, planning, and implementation activities in priority watersheds and aquifers.

The TCEQ and TSSWCB are requesting that, to the extent possible, comments reference the associated page, chapter, section, and paragraph from the document.

The draft document is available online at the website of either of the agencies: http://www.tceq.texas.gov/waterquality/nonpoint-source/mgmt-plan/index.html#draft-2016-texas-nonpoint and http://www.tsswcb.texas.gov/managementprogram#revision or by contacting either agency directly. The commission will hold a public hearing on the draft document in Austin on June 1, 2017, at 2:00 p.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle.

The TCEQ and TSSWCB will be accepting comments until June 12, 2017. Comments may be submitted by email to Megan Henson at Megan.Henson@tceq.texas.gov. After the public meeting and comment period, the TCEQ and TSSWCB will address comments received and incorporate them into a final Management Program document that will be submitted to TCEQ commissioners and TSSWCB board members for approval. Once the document is approved by both agencies it will be submitted to the Texas Governor and EPA for their approval.

TRD-201701721

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 28, 2017


Notice of Water Quality Application

The following notice was issued on April 27, 2017.

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 (10) DAYS OF THE ISSUED DATE OF THE NOTICE.

INFORMATION SECTION

TEXAS COMMISSION ON ENVIRONMEMTAL QUALITY (TCEQ) has initiated a minor amendment of the TCEQ Permit No. WQ0013594001 issued to West Travis County Public Utility Agency, 12117 Bee Cave Road, Suite 120, Bee Cave, Texas 78738 to authorize the addition or modification of terms that will clarify Special Provisions 4 and 14 of the existing permit. The existing permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 1,000,000 gallons per day via surface irrigation of 350 acres of public access land from two outfalls. The wastewater treatment facility and disposal site are located at 3100 Napa Drive, Austin, in Travis County, Texas 78738 (Site A). The Effluent Pond No. 1 is located approximately 8,000 feet northwest of the intersection of Farm-to-Market Road 620 and State Highway 71 in Travis County, Texas 78738. The irrigation site (Spillman Ranch) is also located approximately 8,000 feet northwest of the intersection of Farm-to-Market Road 620 and State Highway 71 in Travis County, Texas 78738. The irrigation site (CCNG) is located approximately 2,500 feet south of the intersection of Farm-to-Market Road 620 and State Highway 71 in Travis County, Texas 78738. The Effluent Pond No. 2 and a treatment facility are located approximately 3,000 feet northwest of the intersection of Farm-to-Market Road 2244 and State Highway 71 in Travis County, Texas 78738 (Site B).

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-201701772

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 2, 2017


Update to the Water Quality Management Plan

The Texas Commission on Environmental Quality (TCEQ or commission) requests comments from the public on the draft April 2017 Update to the Water Quality Management Plan (WQMP) for the State of Texas.

Download the draft April 2017 WQMP Update at https://www.tceq.texas.gov/permitting/wqmp/WQmanagement_updates.html or view a printed copy at the TCEQ Library, Building A, 12100 Park 35 Circle, Austin, Texas.

The WQMP is developed and promulgated in accordance with the requirements of Federal Clean Water Act, §208. The draft update includes projected effluent limits of specific domestic dischargers, which may be useful for planning in future permit actions. The draft update may also contain service area populations for listed wastewater treatment facilities, designated management agency information, and total maximum daily load (TMDL) revisions.

Once the commission certifies a WQMP update, it is submitted to the United States Environmental Protection Agency (EPA) for approval. For some Texas Pollutant Discharge Elimination System (TPDES) permits, the EPA's approval of a corresponding WQMP update is a necessary precondition to TPDES permit issuance by the commission.

Deadline

All comments must be received at the TCEQ no later than 5:00 p.m. on June 12, 2017.

How to Submit Comments

Comments must be submitted in writing to:

Nancy Vignali, Texas Commission on Environmental Quality, Water Quality Division, MC 150, P.O. Box 13087, Austin, Texas 78711-3087

Comments may also be faxed to (512) 239-4420, but must be followed up with written comments by mail within three working days of the fax date or by the comment deadline, whichever is sooner.

For further information, or questions, please contact Ms. Vignali at (512) 239-1303 or by email at Nancy.Vignali@tceq.texas.gov.

TRD-201701760

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: May 2, 2017


Texas Health and Human Services Commission

Public Notice

The Texas Health and Human Services Commission (HHSC) is submitting an application to the Centers for Medicare & Medicaid Services (CMS) to request a new waiver under Section 1115 of the Social Security Act for a program to be called the Healthy Texas Women Section 1115 Demonstration Waiver (HTW demonstration). The proposed effective date is September 1, 2018, for a five-year period ending August 31, 2023.

In 2014, the Texas Sunset Advisory Commission reviewed the State's health agencies and recommended consolidating Texas women's health care programs to improve service and efficiency for clients and providers. In response, the Texas Legislature directed HHSC to consolidate state women's health services, and on July 1, 2016, HHSC launched the Healthy Texas Women (HTW) program. The HTW program provides women's health and family planning services at no cost to eligible, low-income Texas women. HHSC is requesting a new Section 1115 demonstration waiver for the HTW program. Through the HTW demonstration, HHSC seeks to enhance women's health care services by increasing access to and participation in the HTW program. HTW demonstration services will be made available statewide to eligible women.

The HTW demonstration will provide family planning services as well as other women's health services that contribute to preconception care and better birth outcomes. The HTW demonstration will provide the following covered services to eligible women:

• Pregnancy testing

• Pelvic examinations

• Sexually transmitted infection services

• Breast and cervical cancer screening and diagnostic services

• Clinical breast examination

• Screening and treatment for hypertension, diabetes, and high cholesterol

• Human Immunodeficiency Virus (HIV) screenings

• Long-acting reversible contraceptives

• Oral contraceptive pills

• Permanent sterilizations

• Other contraceptive methods

• Screening and treatment for postpartum depression

• Immunizations

The HTW demonstration is for women who meet all of the following qualifications, pursuant to Title 1 of the Texas Administrative Code (TAC), Chapter 382:

• Age 15 through 44

• A minor, age 15 through 17, must have a parent or legal guardian apply, renew, and report changes to her case on her behalf

• U.S. citizens or qualified immigrants

• Reside in Texas

• Not pregnant

• Does not currently receive benefits through a Medicaid program that provides full benefits, Children's Health Insurance Program (CHIP), or Medicare Part A or B, and does not have any other creditable health coverage

• Net family income at or below 200 percent of the federal poverty level

To provide continuity of care, women 18 through 44 years of age whose Medicaid for Pregnant Women coverage period is ending will be automatically enrolled in the HTW demonstration if they are not otherwise eligible for full Medicaid benefits, Medicare Part A or B, or Children's Health Insurance Program CHIP, and they do not have other creditable health coverage.

A beneficiary within the current HTW program will not experience a gap in coverage and will be able to receive the same benefits previously provided under the HTW program.

The HTW demonstration will use a fee-for-service delivery model. Any Medicaid provider will be able to provide HTW demonstration covered services to HTW demonstration clients on a fee-for-service basis if they meet all HTW demonstration provider eligibility requirements. To be enrolled as an HTW demonstration provider, all providers must be enrolled in Medicaid and be compliant with Texas Human Resources Code §32.024(c-1).

Under the authority of Section 1115(a)(2) of the Social Security Act (the Act), expenditures made by Texas, which would not otherwise be included as expenditures under Section 1903 of the Act shall, for the period of this demonstration, be regarded as expenditures under the State Title XIX plan. All requirements of the Medicaid statute will be applicable to such expenditure authorities (including adherence to income and eligibility system verification requirements under Section 1137(d) of the Act), except those specified below as not applicable to these expenditure authorities. The expenditure authorities shall enable Texas to operate its Healthy Texas Women Section 1115 Demonstration Waiver.

HHSC seeks to waive the following provisions of the Social Security Act for this demonstration:

• Amount, Duration, and Scope of Services - Section 1902(a)(10)(B)

• Comparability and MAGI Methodology Sections - Section1902(a)(17) and Section 1902(e)(14)

• Early and Periodic Screening, Diagnostic, and Treatment - Section 1902(a)(43)(A) (EPSDT)

• Retroactive Coverage - Section 1902(a)(34)

• Freedom of Provider Choice - Section 1902(a)(23)

The public is invited to submit comments on the Healthy Texas Women Section 1115 Demonstration Waiver for a period of 30 days, beginning Friday, May 12, 2017. The public comment period will end on Monday, June 12, 2017. HHSC will host a series of meetings to provide information about the waiver application as well as an opportunity for the public to provide comments. Locations, dates and times are as follows:

- May 15, 2017 - 1 p.m. to 4 p.m. CDT - Texas Health and Human Services, Brown-Heatly Building, 4900 North Lamar Boulevard, Austin, Texas 78751 (webcast available at this meeting)

- June 9, 2017 - 9:30 a.m. to 12 p.m. CDT - Mahon Library, 1306 9th Street, Lubbock, Texas 79401

HHSC will also host a webinar on May 31, 2017, at 3 p.m. To register for the online meeting go to: https://attendee.gotowebinar.com/register/4846365062393813505.

This is the abbreviated public notice set forth in 42 CFR §431.408(a)(2)(ii). The full public notice and the application will be available online by May 12, 2017, at https://hhs.texas.gov/laws-regulations/policies-rules/waivers/healthy-texas-women-1115-waiver. The application includes a detailed description of the waiver program, including: eligibility, benefits, delivery system, payment rates, implementation, financing and budget neutrality, and proposed waiver and expenditure authorities.

To obtain free copies of the application, submit comments or receive other information about the application, interested parties may contact Sallie Allen by mail at Texas Health and Human Services Commission, PO Box 13247, Mail Code H-600, Austin, Texas 78711-3247, phone (512) 424-6969, fax (512) 730-7472, or by email at TX_Medicaid_Waivers@hhsc.state.tx.us.

TRD-201701774

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: May 2, 2017


Public Notice - Renewal of the Youth Empowerment Services Waiver

The Texas Health and Human Services Commission (HHSC) will be submitting to the Centers for Medicare & Medicaid Services (CMS) in December 2017, a request for renewal of the Youth Empowerment Services (YES) waiver, which is implemented under the authority of section 1915(c) of the Social Security Act. CMS has approved this waiver through March 31, 2018.

The Texas Health and Human Services Commission (HHSC) will conduct a public stakeholder meeting on the YES waiver renewal in order to gather input on the YES waiver on May 25, 2017, at 9:30 a.m. at:

Health and Human Services Commission

Brown-Heatly Building

Public Hearing Room

4900 N. Lamar Blvd.

Austin, Texas 78751

A copy of the current YES waiver is available at the following link:

http://dshs.texas.gov/mhsa/yes/.

Emailed comments will be taken until 5 p.m. on May 21, 2017. Mailed comments must be postmarked by that same date and time. Please send them to:

Health and Human Services Commission

Attention: (Sara Underwood)

Special Projects Unit, YES Waiver

P.O. Box 149347 Mail Code 2012

Austin, Texas 78714

For more information, please contact Sara Underwood at: sara.underwood@hhsc.state.tx.us or (512) 838-4342.

The meeting is open to the public. No reservations are required, and there is no cost to attend this meeting.

People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact Underwood at (512) 838-4342 or sara.underwood@hhsc.state.tx.us at least 72 hours before the meeting so appropriate arrangements can be made.

TRD-201701785

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: May 3, 2017


Texas Department of Housing and Community Affairs

"First Amendment to 2017-1 Multifamily Direct Loan" Notice of Funding Availability

I. Sources of Multifamily Direct Loan Funds.

Multifamily Direct Loan funds are made available through program income generated from prior year HOME allocations, de-obligated funds from prior year HOME allocations, the 2015 and 2016 Grant Year HOME allocation, and loan repayments from the Tax Credit Assistance Program ("TCAP Repayment funds" or "TCAP RF"). The Department may amend this NOFA or the Department may release a new NOFA upon receiving its 2017 HOME or 2016 or 2017 National Housing Trust Fund ("NHTF") allocation from HUD or additional TCAP loan repayments. These funds have been programmed for multifamily activities including acquisition and/or refinance of affordable housing involving new construction or rehabilitation.

II. Notice of Funding Availability (NOFA).

The Texas Department of Housing and Community Affairs (the "Department") announces the availability of up to $34,849,140 in Multifamily Direct Loan funding for the development of affordable multifamily rental housing for low-income Tex4ans. Of that amount, at least $4,723,589 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 $4,000,000 will be available for applications proposing Supportive Housing in accordance with 10 TAC §10.3(a) of the 2017 Uniform Multifamily Rules 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 for applications that do not meet the requirements above.

The Multifamily Direct Loan program provides loans to for-profit and nonprofit entities to develop affordable housing for low-income Texans qualified as 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, 2017.

III. Application Deadline and Availability.

Based on the availability of funds, Applications may be accepted until 5:00 p.m. Austin local time on August 31, 2017. The "2017-1 Multifamily Direct Loan" 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 First Amendment to the NOFA is posted.

Questions regarding the 2017-1 Multifamily Direct Loan NOFA may be addressed to Andrew Sinnott at (512) 475-0538 or andrew.sinnott@tdhca.state.tx.us.

TRD-201701713

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 28, 2017


Texas Department of Insurance

Company Licensing

Application for AURIGEN REINSURANCE COMPANY OF AMERICA, a foreign life, accident and/or health company, to change its name to PARTNERRE LIFE REINSURANCE COMPANY OF AMERICA. The home office is in Little Rock, Arkansas.

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 Jeff Hunt, 333 Guadalupe Street, MC 305-2C, Austin, Texas 78701.

TRD-201701784

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: May 3, 2017


Texas Department of Insurance, Division of Workers' Compensation

2017 Research Agenda

Workers' Compensation Research and Evaluation Group

The commissioner of workers' compensation considers the proposed Fiscal Year (FY) 2017 Research Agenda for the Workers' Compensation Research and Evaluation Group (REG or group) at the Texas Department of Insurance, Division of Workers' Compensation (division).

Labor Code §405.0026 requires the commissioner of insurance to adopt an annual research agenda for the Workers' Compensation Research and Evaluation Group at the Texas Department of Insurance (TDI). Labor Code §405.0025 requires the REG to conduct professional studies and research related to the delivery of benefits; litigation and controversy related to workers' compensation; insurance rates and ratemaking procedures; rehabilitation and reemployment of injured employees; the quality and cost of medical benefits; employer participation in the workers' compensation system; employment health and safety issues; and other matters relevant to the cost, quality, and operational effectiveness of the workers' compensation system. Insurance Code §1305.502 requires the REG to develop and issue an annual informational report card that identifies and compares, on an objective basis, the quality, costs, health care provider availability, and other analogous factors of the workers' compensation system of this state with each other and with medical care provided outside of networks.

Labor Code §405.0026 requires the group to prepare and publish annually in the Texas Register a proposed workers' compensation research agenda for the commissioner's review and approval.

On January 9, 2017, the commissioner of insurance delegated the functions of the REG to the commissioner of workers' compensation.

In December 2016, the REG posted on the TDI website an informal request for stakeholders and the public to provide input on a suggested FY 2017 research agenda. The REG also requested input from legislative offices. TDI received no responses.

The division published the proposed research agenda in the February 24, 2017 issue of the Texas Register (42 TexReg 830) for public review and comment. The division received no requests for hearing. The division received one comment.

Comment:

A commenter expressed concern that "Work Simulation," although recommended by the Official Disability Guidelines Treatment in Workers' Comp (ODG), is not included in treatment plans. The commenter wrote that the cost of additional physical therapy is increasing and that workers are returning to jobs that they cannot perform. The commenter wrote that he has developed "the first Return to duty Program for our firefighters" and is conducting the program at a certified training facility, and that this work simulation is professionally-staffed, certified by carriers, and consistent with the duties that a "front line firefighter" must perform. The commenter observed that "[a]s a previous firefighter and CARF surveyor [sic] I have seen a complete failure in their [sic] CARF accreditation." The commenter lamented that CARF (Commission on Accreditation of Rehabilitation Facilities) standards are not enforced "with the exception of an annual letter asking the facilities if they are maintaining their standards." The commenter asked the agency how the agency thinks a facility will reply to such a letter and ended by writing that CARF accreditation is a "costly expense with no enforcement."

Agency Response:

The division appreciates the comment. The division notes that research agenda item number 4 will be an update of the 2003 study on impact of accredited and non-accredited work-hardening/work conditioning programs. Thus, this research project should provide some insight into the commenter's observations about the cost effectiveness and return-to-work outcomes associated with accredited and non-accredited work hardening/work conditioning programs.

The commissioner of workers' compensation adopts the following FY 2017 Research Agenda for the Workers' Compensation Research and Evaluation Group.

1. Completion and publication of the 11th edition of the Workers' Compensation Health Care Network Report Card (required under Insurance Code § 1305.502(a) - (d) and Labor Code §405.0025(b)).

2. Baseline evaluation of the utilization and cost patterns of compound drugs.

3. A comprehensive analysis of the income benefit adequacy of claims receiving Temporary Income Benefits (TIBs), Supplemental Income Benefits (SIBs), Lifetime Income Benefits (LIBs), and Death Benefits.

4. Update of 2003 study on impact of accredited and non-accredited work-hardening/work conditioning programs.

The commissioner of workers' compensation approves and adopts the FY 2017 Research Agenda for the Workers' Compensation Research and Evaluation Group, as specified above, effective immediately.

TRD-201701704

Nicholas Canaday III

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Filed: April 27, 2017


Texas Lottery Commission

Scratch Ticket Game Number 1844 "The Money Game"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 1844 is "THE MONEY GAME". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 1844 shall be $5.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 1844.

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

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

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, COIN SYMBOL, $$ SYMBOL, $5.00, $10.00, $20.00, $25.00, $50.00, $100, $150, $200, $500, $10,000 and $100,000.

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

Figure 1: GAME NO. 1844 - 1.2D (.pdf)

E. Serial Number- A unique 13 (thirteen) 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 24 (twenty-four) 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 Scratch Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.

G. Pack-Scratch Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1844), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 075 within each Pack. The format will be: 1844-0000001-001.

H. Pack - A Pack of the "THE MONEY GAME" Scratch Ticket Game contains 075 fanfolded, perforated Tickets per Pack in one (1) Ticket per strip. The front of Ticket 001 will be shown on the front of the Pack; the back of Ticket 075 will be revealed on the back of the Pack. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack. Every other Pack will reverse i.e., reverse order will be: the back of Ticket 001 will be shown on the front of the Pack and the front of Ticket 075 will be shown on the back of the Pack.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "THE MONEY GAME" Scratch Ticket Game No. 1844.

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, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "THE MONEY GAME" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the PRIZE for that number. If a player reveals a "COIN" Play Symbol, the player wins the PRIZE for that symbol. If a player reveals a "$$" Play Symbol, the player wins DOUBLE the PRIZE for that symbol instantly! No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly 45 (forty-five) 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, Retailer Validation Code and Pack-Scratch 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, Retailer Validation Code and Pack-Scratch 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 45 (forty-five) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Scratch 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 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 45 (forty-five) 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 Pack-Scratch Ticket Number must be printed in the Pack-Scratch 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 in a Pack will not have matching play data, spot for spot.

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

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

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

E. No matching WINNING NUMBERS Play Symbols on a Ticket.

F. A non-winning Prize Symbol will never be the same as a winning Prize Symbol.

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

H. The "COIN" (WIN) Play Symbol may appear multiple times on winning Tickets, unless restricted by other parameters, play action or prize structure.

I. The "$$" (DOUBLE) Play Symbol will only appear on intended winning Tickets as dictated by the prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "THE MONEY GAME" Scratch Ticket Game prize of $5.00, $10.00, $20.00, $25.00, $50.00, $100, $150, $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, $100, $150, $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 "THE MONEY GAME" Scratch Ticket Game prize of $10,000 or $100,000, 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 "THE MONEY GAME" 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:

1. A sufficient amount from the winnings of a prize winner who has been finally determined to be:

a. 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;

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

c. in default on a loan guaranteed under Chapter 57, Education Code; and

2. delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as 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 "THE MONEY GAME" 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 "THE MONEY GAME" 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 Ticket Prizes. There will be approximately 7,080,000 Scratch Tickets in Scratch Ticket Game No. 1844. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1844 - 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. 1844 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 Instant 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. 1844, 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-201701766

Bob Biard

General Counsel

Texas Lottery Commission

Filed: May 2, 2017


Scratch Ticket Game Number 1882 "Dominoes"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 1882 is "DOMINOES". The play style is "other".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 1882 shall be $3.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 1882.

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: BLANK-BLANK, ONE-BLANK, BLANK-TWO, THREE-BLANK, BLANK-FOUR, FIVE-BLANK, BLANK-SIX, ONE-ONE, TWO-ONE, ONE-THREE, FOUR-ONE, ONE-FIVE, SIX-ONE, TWO-TWO, TWO-THREE, FOUR-TWO, TWO-FIVE, SIX-TWO, THREE-THREE, THREE-FOUR, FIVE-THREE, THREE-SIX, FOUR-FOUR, FIVE-FOUR, FOUR-SIX, FIVE-FIVE, SIX-FIVE, SIX-SIX, $3.00, $5.00, $10.00 and $20.00.

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. 1882 - 1.2D (.pdf)

E. Serial Number - A unique 13 (thirteen) 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 24 (twenty-four) 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 Scratch Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.

G. Pack-Scratch Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1882), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 125 within each Pack. The format will be: 1882-0000001-001.

H. Pack - A Pack of the "DOMINOES" Scratch Ticket Game contains 125 Scratch Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the Pack; the back of Ticket 125 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 125 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 "DOMINOES" Scratch Ticket Game No. 1882.

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, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "DOMINOES" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 43 (forty-three) Play Symbols. GAMES 1 - 6 PLAY AREA: The player must scratch the YOUR DOMINOES play area to reveal fourteen (14) domino Play Symbols. The player must scratch all of the domino Play Symbols in GAMES 1 through 6 that exactly match the YOUR DOMINOES Play Symbols. If the player has scratched all the domino Play Symbols in the same GAME, the player wins the PRIZE for that GAME. BONUS PLAY AREA: The player must scratch the BONUS play area to reveal 2 (two) prize amounts. If the player reveals 2 (two) matching prize amounts, the player wins that amount. 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 43 (forty-three) 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, Retailer Validation Code and Pack-Scratch 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, Retailer Validation Code and Pack-Scratch 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 43 (forty-three) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Scratch 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 43 (forty-three) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 43 (forty-three) 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 Pack-Scratch Ticket Number must be printed in the Pack-Scratch 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 of either Play Symbols or Prize Symbols.

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

C. GENERAL: A Ticket can win up to three (3) times.

D. GENERAL: The YOUR DOMINOES play area will consist of fourteen (14) domino positions.

E. GENERAL: GAMES 1 - 6 will consist of twenty-seven (27) domino positions.

F. GENERAL: A domino Play Symbol cannot appear more than one (1) time in the YOUR DOMINOES play area.

G. GENERAL: On winning and Non-Winning Tickets, the YOUR DOMINOES Play Symbols will appear randomly over all fourteen (14) available positions in the YOUR DOMINOES play area and over all twenty-seven (27) positions in GAMES 1 - 6.

H. GENERAL: GAMES 1 - 6 will contain the following (as it appears from top to bottom on a Ticket):

GAME 1 = seven (7) domino Play Symbols

GAME 2 = six (6) domino Play Symbols

GAME 3 = five (5) domino Play Symbols

GAME 4 = four (4) domino Play Symbols

GAME 5 = three (3) domino Play Symbols

GAME 6 = two (2) domino Play Symbols

I. GENERAL: All fourteen (14) YOUR DOMINOES Play Symbols will match at least one (1) domino Play Symbol in GAMES 1 - 6.

J. GENERAL: All twenty-seven (27) domino Play Symbols in GAMES 1- 6 will be different.

K. GENERAL: Each of GAMES 1 - 6 will have at least one (1) domino Play Symbol revealed (i.e., matched).

L. BONUS PLAY AREA: Players will reveal two (2) Prize Symbols in the BONUS play area.

M. BONUS PLAY AREA: The BONUS play area will reveal two (2) matching prize amounts as indicated by the prize structure.

N. BONUS PLAY AREA: A Non-Winning Ticket will never reveal two (2) matching prize amounts.

2.3 Procedure for Claiming Prizes.

A. To claim a "DOMINOES" Scratch Ticket Game prize of $3.00, $5.00, $6.00, $10.00, $15.00, $16.00, $20.00, $25.00, $30.00, $35.00, $38.00, $100 or $125, 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, $30.00, $35.00, $38.00, $100 or $125 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 "DOMINOES" Scratch Ticket Game prize of $1,000 or $50,000, 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 "DOMINOES" 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:

1. A sufficient amount from the winnings of a prize winner who has been finally determined to be:

a. 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;

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

c. in default on a loan guaranteed under Chapter 57, Education Code; and

2. delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as 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 "DOMINOES" 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 "DOMINOES" 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 Ticket Prizes. There will be approximately 7,200,000 Scratch Tickets in Scratch Ticket Game No. 1882. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1882 - 4.0

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. 1882 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 Instant 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. 1882, 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-201701756

Bob Biard

General Counsel

Texas Lottery Commission

Filed: May 1, 2017


Panhandle Regional Planning Commission

Legal Notice

The Panhandle Regional Planning Commission (PRPC) encourages applications from providers of training programs that lead to employment in the target occupations in the Panhandle Workforce Development Area. A current list of these occupations may be accessed through the Workforce Solutions Panhandle's website at: https://wspanhandle.com/PagesWSP/lib/LaborMarketTargetedOccupations.php.

Applications must be submitted through the online, automated Workforce Innovation and Opportunity Act (WIOA) Eligible Training Provider System (ETPS). For information or instructions about such submissions, please see http://tpcs.twc.state.tx.us or contact Leslie Hardin, PRPC's Workforce Development Training Coordinator, at (806) 372-3381 or lhardin@theprpc.org. Submissions will be accepted throughout the year and reviewed for certification by the Texas Workforce Commission (TWC).

TRD-201701693

Leslie Hardin

WFD Contracts Coordinator

Panhandle Regional Planning Commission

Filed: April 26, 2017


Public Utility Commission of Texas

Notice of Application for a Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on April 26, 2017, for a service provider certificate of operating authority, pursuant to the Public Utility Regulatory Act. Applicant intends to provide data only certification (facilities-based and resale services) in Sherman, McKinney, Plano and adjacent communities in the Dallas 552 LATA.

Docket Title and Number: Application of Cherokee Telephone Company d/b/a Cherokee Communications for a Service Provider Certificate of Operating Authority, Docket Number 47102.

Persons who wish to comment upon the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477 no later than May 19, 2017. Hearing and speech impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47102.

TRD-201701788

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 3, 2017


Notice of Application for Retail Electric Provider Certification

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on April 27, 2017, for retail electric provider certification, in accordance with Public Utility Regulatory Act (PURA) §39.352.

Docket Title and Number: Application of Dynegy Energy Services, LLC for a Retail Electric Provider Certificate, Docket Number 47104.

Application: Dynegy Energy requests an Option 1 retail electric provider certificate authorizing the company to provide retail electric service in the service areas of the following transmission and distribution utilities; AEP Texas Central Co., AEP Texas North Co., CenterPoint and Oncor.

Information on the application may be obtained by contacting the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All inquiries should reference Docket Number 47104.

TRD-201701786

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 3, 2017


Notice of Application for Retail Electric Provider Certification

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on April 28, 2017, for retail electric provider certification, in accordance with Public Utility Regulatory Act (PURA) §39.352.

Docket Title and Number: Application of SFE Energy Texas, Inc. for a Retail Electric Provider Certificate, Docket Number 47109.

Application: SFE Energy requests an Option I retail electric provider certificate for the entire state of Texas.

Information on the application may be obtained by contacting the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All inquiries should reference Docket Number 47109.

TRD-201701787

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 3, 2017


Notice of Application to Amend Water Certificate of Convenience and Necessity

Notice is given to the public of the filing of an application to amend water certificate of convenience and necessity (CCN) in Johnson and Tarrant Counties.

Docket Style and Number: Application of Bethesda Water Supply Corporation for an Amendment to a Water Certificate of Convenience and Necessity in Johnson and Tarrant Counties, Docket Number 47107.

The Application: Bethesda Water Supply Corporation filed an application to amend its water CCN No. 10089, in Johnson and Tarrant Counties. The total service area being requested includes approximately 27 acres and 44 current customers.

Persons wishing to intervene or comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47107.

TRD-201701789

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 3, 2017


Notice of Application to Obtain Water Certificate of Convenience and Necessity

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application to obtain a water certificate of convenience and necessity (CCN) in Tom Green County.

Docket Style and Number: Application of Petra Firma Development Group, Inc. for a Water Certificate of Convenience and Necessity in Tom Green County, Docket Number 47093.

The Application: Petra Firm Development Group, Inc. filed an application to obtain a new water CCN in Tom Green County. The total area being requested includes approximately 1,145 acres and zero current customers.

Persons wishing to intervene or comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47093.

TRD-201701759

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 1, 2017


Notice of Intent to Implement a Minor Rate Change Under 16 Texas Administrative Code §26.171

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on May 1, 2017, to implement a minor rate change under 16 Texas Administrative Code §26.171.

Tariff Control Title and Number: Notice of Lake Livingston Telephone Company for Approval of a Minor Rate Change Under 16 Texas Administrative Code §26.171 and PURA Section 53, Subchapter G, Tariff Control Number 47111.

The Application: Lake Livingston Telephone Company filed an application with the Commission for revisions to its General Exchange Tariff. Livingston proposed an effective date of June 1, 2017. The estimated revenue increase to be recognized by Livingston is $9,792 in gross annual intrastate revenues. Livingston has 421 access lines (residence and business) in service in the state of Texas.

If the Commission receives a complaint(s) relating to this application signed by 5% of the affected local service customers to which this application applies by May 30, 2017, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the Commission's receipt of the complaint(s).

Persons wishing to comment on this application should contact the cmmission by May 30, 2017. Requests to intervene should be filed with the commission's filing clerk at P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All correspondence should refer to Tariff Control Number 47111.

TRD-201701775

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 2, 2017


Supreme Court of Texas

In the Supreme Court of Texas

Misc. Docket No. 17-9039

FINAL ORDER ADOPTING AMENDMENTS TO STATEWIDE RULES GOVERNING ELECTRONIC FILING IN CRIMINAL CASES

ORDERED that:

Pursuant to Tex. Const. Art. V, Sec. 31 and Sections 22.004, 22.108, 74.024, and 72.031 of the Texas Government Code, the Supreme Court of Texas, acting concurrently with the Court of Criminal Appeals, amends the Statewide Rules Governing Electronic Filing in Criminal Cases. On February 13 and 14, 2017, the Supreme Court of Texas (Misc. Docket No. 17-9017) and the Court of Criminal Appeals (Misc. Docket No. 17-002) adopted amendments to the statewide rules governing electronic filing in criminal cases and invited public comment. After receiving public comments, the Supreme Court and the Court of Criminal Appeals have made revisions to the rules. This order incorporates those revisions and contains the final version of the rules.

2. The attached Statewide Rules Governing Electronic Filing in Criminal Cases are intended to replace and supplant the Proposed Statewide Rules Governing Electronic Filing in Criminal Cases effective November 1, 2015 (Misc. Docket No. 15-9205, 17-9017).

3. The rules are effective May 1, 2017.

4. The Clerk is directed to:

a. file a copy of this order with the Secretary of State;

b. cause a copy of this order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;

c. send a copy of this order to each elected member of the Legislature; and

d. submit a copy of the order for publication in the Texas Register.

Dated: April 27, 2017.

________________________

Nathan L. Hecht, Chief Justice

________________________

Paul W. Green, Justice

________________________

Phil Johnson, Justice

________________________

Don R. Willett, Justice

________________________

Eva M. Guzman, Justice

________________________

Debra H. Lehrmann, Justice

________________________

Jeffrey S. Boyd, Justice

________________________

John P. Devine, Justice

________________________

Jeffrey V. Brown, Justice

TRD-201701709

Martha Newton

Rules Attorney

Supreme Court of Texas

Filed: April 27, 2017


Texas Department of Transportation

Aviation Division - Request for Qualifications for Professional Engineering Services

The City of Ennis, through its agent, the Texas Department of Transportation (TxDOT), intends to engage a professional engineering firm for services pursuant to Chapter 2254, Subchapter A, of the Government Code. TxDOT Aviation Division will solicit and receive qualification statements for the current aviation project as described below.

Current Project: City of Ennis; TxDOT CSJ No.: 1718ENNIS

The TxDOT Project Manager is Eusebio Torres, P.E.

Scope: Provide engineering and design services, including construction administration, to:

Rehabilitate and mark runway;

Rehabilitate and mark southern taxiway area;

Rehabilitate and mark hangar access taxiways.

The Agent, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§2000d to 2000d-4) and the Regulations, hereby notifies all respondents that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The proposed contract is subject to 49 CFR Part 26 concerning the participation of Disadvantaged Business Enterprises (DBE).

The DBE goal for the design phase of the current project is 0%. The goal will be re-set for the construction phase.

Utilizing multiple engineering/design and construction grants over the course of the next five years, future scope of work items at the Ennis Municipal Airport may include the following: rehabilitate east taxiway; rehabilitate north parallel taxiway; rehabilitate apron; and replace medium intensity runway lights.

The City of Ennis reserves the right to determine which of the above services may or may not be awarded to the successful firm and to initiate additional procurement action for any of the services above.

To assist in your qualification statement preparation, the criteria, 5010 drawing, project diagram, and most recent Airport Layout Plan are available online at http://www.dot.state.tx.us/avn/avninfo/notice/consult/index.html by selecting "Ennis Municipal Airport." The qualification statement should address a technical approach for the current scope only. Firms shall use page 4, Recent Airport Experience, to list relevant past projects for both current and future scope.

AVN-550 Preparation Instructions:

Interested firms shall utilize the latest version of Form AVN-550, titled "Qualifications for Aviation Architectural/Engineering Services." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT website at http://www.txdot.gov/inside-txdot/division/aviation/projects.html. The form may not be altered in any way. Firms must carefully follow the instructions provided on each page of the form. Qualifications shall not exceed the number of pages in the AVN-550 template. The AVN-550 consists of eight pages of data plus one optional illustration page. A prime provider may only submit one AVN-550. If a prime provider submits more than one AVN-550, that provider will be disqualified. Responses to this solicitation WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is a PDF Template.

The completed Form AVN-550 must be received in the TxDOT Aviation eGrants system no later than June 27, 11:59 p.m. (CDST). Electronic facsimiles or forms sent by email or regular/overnight mail will not be accepted.

Firms that wish to submit a response to this solicitation must be a user in the TxDOT Aviation eGrants system no later than one business day before the solicitation due date. To request access to eGrants, please complete the Contact Us web form located at http://txdot.gov/government/funding/egrants-2016/aviation.html.

An instructional video on how to respond to a solicitation in eGrants is available at http://txdot.gov/government/funding/egrants-2016/aviation.html.

Step by step instructions on how to respond to a solicitation in eGrants will also be posted in the RFQ packet at http://www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm.

The consultant selection committee will be composed of local government representatives. The final selection by the committee will generally be made following the completion of review of AVN-550s. The committee will review all AVN-550s and rate and rank each. The Evaluation Criteria for Engineering Qualifications can be found at http://www.txdot.gov/inside-txdot/division/aviation/projects.html under Information for Consultants. All firms will be notified and the top rated firm will be contacted to begin fee negotiations for the design and bidding phases. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

Please contact TxDOT Aviation for any technical or procedural questions at 1-800-68-PILOT (74568). For procedural questions, please contact Beverly Longfellow, (512) 416-4516. For technical questions, please contact Eusebio Torres, P.E., Project Manager.

For questions regarding responding to this solicitation in eGrants, please contact theTxDOT Aviation help desk at 1-800-687-4568 or avn-egrantshelp@txdot.gov.

TRD-201701750

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: May 1, 2017


Notice of Cancellation

Public Hearing - Statewide Transportation Improvement Program

The public hearing scheduled for Thursday, June 1, 2017, at 10:00 a.m. to receive comments on the May 2017 Quarterly Revisions to the Statewide Transportation Improvement Program (STIP) for FY 2017 - 2020 has been canceled.

The proposed May 2017 Quarterly Revisions to the FY 2017 - 2020 STIP will be available for review at a later date and the public hearing will be rescheduled.

TRD-201701757

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: May 1, 2017