IN ADDITION

Texas Department of Agriculture

2018-2019 Urban Schools Agricultural Grant Program Request for Applications

Statement of Purpose

This Request for Applications (RFA) is issued pursuant to the Texas Agriculture Code, §§48.001 - 48.005, and Texas Administrative Code, Title 4, Part 1, Chapter 1, §§1.800 - 1.804. The Texas Department of Agriculture (TDA) hereby requests applications for grants to fund agricultural projects designed to foster an understanding and awareness of agriculture in public elementary and middle school students, to be conducted during the period of October 1, 2018, through September 30, 2019, from certain Texas urban school districts or nonprofit organizations that partner with these schools. TDA reserves the discretion and authority to make multiple grant awards under the terms of this RFA. TDA further reserves the discretion and authority to make no awards under the terms of this RFA or to cancel or withdraw this RFA at any time.

Agriculture is defined as the science, art, or practice of cultivating the soil, producing crops, raising livestock, and in varying degrees the preparation and marketing of the resulting products. TDA encourages schools to consider partnerships with agricultural organizations, such as a local Master Gardener programs or 4-H or FFA clubs. Projects funded must be dedicated to education and/or awareness of agriculture in public elementary and middle school students in certain urban school districts in Texas and should be designed to improve students' understanding and appreciation of agriculture.

Eligibility

Submitted applications must benefit a Texas public elementary or middle school from an urban school district with an enrollment of at least 49,000 students.

A non-profit organization may also submit an application with the support of an eligible Texas public elementary or middle school where the project will be administered.

If a school district is not listed below, an applicant may attach a TEA verification of enrollment to the application if they feel it meets the minimum student enrollment of 49,000.

Eligible school districts, determined according to the Texas Education Agency's (TEA) October 2016-2017 records for such districts are as follows:

Aldine Independent School District;

Arlington Independent School District;

Austin Independent School District;

Conroe Independent School District;

Cypress-Fairbanks Independent School District;

Dallas Independent School District;

El Paso Independent School District;

Fort Bend Independent School District;

Fort Worth Independent School District;

Frisco Independent School District;

Garland Independent School District;

Houston Independent School District;

Katy Independent School District;

Klein Independent School District;

Lewisville Independent School District;

North East Independent School District;

Northside Independent School District;

Pasadena Independent School District;

Plano Independent School District; and

San Antonio Independent School District.

Funding Parameters

Selected projects will receive funding on a cost reimbursement basis. Funds will not be advanced to grantees. Selected applicants must have the financial capacity to pay for all costs up front.

Awards are subject to the availability of funds. If no funds are appropriated or collected for this purpose, applicants will be informed accordingly.

Eligible school districts should submit a single application. The application will require the school district to list participating campus names and the requested amount per campus. School districts and non-profit organizations are limited to a maximum grant award of $10,000; a single campus may not receive more than $2,500.

Application Requirements

Application and information can be downloaded from the Grants Office section under the Grants and Services tab at www.TexasAgriculture.gov.

Submission Information

Application must be received by TDA before close of business (5:00 p.m. CT) on Wednesday, May 30, 2018. Late or incomplete applications will not be considered.

For questions regarding submission of the proposal and/or TDA requirements, please contact TDA's Grants Office, at (512) 436-4406, or by email at Grants@TexasAgriculture.gov.

TRD-201801778

Jessica Escobar

Assistant General Counsel

Texas Department of Agriculture

Filed: April 23, 2018


Brazoria Fort Bend Rail District

Request for Qualifications: Planning and Feasibility Study, Port Freeport to Rosenberg Short-Line Rail System

The Brazoria Fort Bend Rail District (BFBRD or District) is requesting Statements of Qualifications for professional services to conduct a Planning and Feasibility Study for a new short-line rail system from Port Freeport to the existing intermodal rail hub near Rosenberg, Texas. This study will build from a previous feasibility study conducted in 2015 and provide the basis for soliciting interest in a Partnership for the design, construction, and operation of the rail system and to provide the basis to move forward with more detailed permitting activities. Selection of the successful Respondent will be based on qualifications and price proposals are not a consideration at this time. The resulting contract with the firm deemed most highly qualified will be subject to TxDOT review and approval. A pro-forma contract is included in the RFQ.

Detailed qualifications for evaluation are outlined in the RFQ.

Responses are due on or before June 4, 2018, with a contract award targeted for July 20, 2018. Late responses will be accepted at the sole discretion of the District. The RFQ outlines specific information which must be submitted and that will be used by the evaluation team to evaluate responses received. A pre-submittal meeting is not planned at this date. The estimated cost of services is $550,000 with a period of performance of 270 days.

A copy of the RFQ can be obtained by contacting Robert Laza, BFBRD Executive Director at rlaza@bfbrd.org. The BFBRD will make a copy of the 2015 study available to those notifying the BFBRD of an intent to propose.

The District reserves the right to reject any or all Responses and call for new submittals if deemed by the District to be in the best interest of BFBRD. The District also reserves the right to reject any submittal that does not fully comply with the RFQ's instructions and criteria. The District is under no legal requirement to execute a contract on the basis of this notice or upon issuance of the RFQ and will not pay any costs incurred by any entity in responding to this notice or the RFQ or in connection with the preparation of a Submittal. The District specifically reserves the right to vary all provisions set forth in the RFQ and/or contract at any time prior to execution of a contract where the District deems it to be in the best interest of the BFBRD.

The Brazoria Fort Bend Rail District (BFBRD or District) is a rural rail transportation district and exists as a political subdivision provided for by Section 2, Article X of the Texas Constitution. The District was created pursuant to the Texas Transportation Code Section 172.051(2) by Brazoria County and Fort Bend County. Port Freeport is an additional Sponsor and provides representatives to the Board of Directors. The major focus of the District is the design, construction, and operating responsibility for a direct link rail system connecting Port Freeport to the intermodal rail hub near Rosenberg/Kendleton Texas as well as providing connections for local industry.

TRD-201801766

Robert Laza

Executive Director

Brazoria Fort Bend Rail District

Filed: April 23, 2018


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/30/18 - 05/06/18 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 04/30/18 - 05/06/18 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-201801833

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: April 24, 2018


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 5, 2018. 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 5, 2018. 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: ADNAN ENTERPRISES, INCORPORATED dba Star Food Mart; DOCKET NUMBER: 2017-1653-PST-E; IDENTIFIER: RN102226578; LOCATION: Galveston, Galveston County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide corrosion protection for the underground storage tank system; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: Bayside Boat Club, LLC dba Bayview Marina; DOCKET NUMBER: 2018-0008-PST-E; IDENTIFIER: RN102434081; LOCATION: Rowlett, Dallas County; TYPE OF FACILITY: underground storage tank (UST) with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the UST for releases at a frequency of at least once every month; PENALTY: $4,125; ENFORCEMENT COORDINATOR: Rahim Momin, (512) 239-2544; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: City of Murchison; DOCKET NUMBER: 2018-0155-PWS-E; IDENTIFIER: RN101267631; LOCATION: Murchison, Henderson County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(A), (h), and (i)(1), by failing to collect lead and copper tap samples at the required 20 sample sites, have the samples analyzed, and report the results to the executive director (ED) for the January 1, 2017 - June 30, 2017, monitoring period; 30 TAC §290.117(c)(2)(B), (h), and (i)(1), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the ED for the January 1, 2016 - December 31, 2016, monitoring period; and 30 TAC §290.117(c)(2)(C), (h), and (i)(1), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the ED for the January 1, 2013 - December 31, 2015, monitoring period; PENALTY: $437; ENFORCEMENT COORDINATOR: Sarah Kim, (512) 239-4728; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(4) COMPANY: City of Troy; DOCKET NUMBER: 2017-1448-MLM-E; IDENTIFIER: RN101386159; LOCATION: Troy, Bell County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(d)(2)(B) and §290.110(b)(4) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to maintain a disinfectant residual of at least 0.5 milligrams per liter of chloramine throughout the distribution system at all times; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.43(e), by failing to install all potable water storage tanks and pressure maintenance facilities in a lockable building or enclosed by an intruder-resistant fence with lockable gates; 30 TAC §290.46(j), by failing to get approval from the executive director prior to using a Customer Service Inspection certificate which varies from the format found in Commission Form 20699; 30 TAC §290.44(h)(1)(A), by failing to ensure additional protection was provided at all residences or establishments where an actual or potential contamination hazard exists in the form of an air gap or a backflow prevention assembly, as identified in 30 TAC §290.47(f); 30 TAC §290.46(e)(4)(B) and THSC, §341.033(a), by failing to operate the facility under the direct supervision of a water works operator who holds a minimum of a Class C or higher groundwater license; and 30 TAC §288.20(a) and §288.30(5)(B) and TWC, §11.1272(c), by failing to adopt a drought contingency plan which includes all elements for municipal use by a retail public water supplier; PENALTY: $1,280; ENFORCEMENT COORDINATOR: Jason Fraley, (512) 239-2552; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(5) COMPANY: City of Venus; DOCKET NUMBER: 2017-1104-PWS-E; IDENTIFIER: RN101384618; LOCATION: Venus, Johnson County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.110(c)(5), by failing to conduct chloramine effectiveness sampling to ensure that monochloramine is the prevailing chloramine species and that nitrification is controlled; and 30 TAC §290.46(z), by failing to create a Nitrification Action Plan for a system distributing chloraminated water; PENALTY: $100; ENFORCEMENT COORDINATOR: James Boyle, (512) 239-2527; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Comanche County Water Supply Corporation; DOCKET NUMBER: 2017-1646-PWS-E; IDENTIFIER: RN102674835; LOCATION: Carbon, Eastland County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.45(b)(2)(F) and Texas Health and Safety Code, §341.0315(c), by failing to provide two or more service pumps with a service pump capacity of at least 2.0 gallons per minute per connection; PENALTY: $53; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (361)825-3425; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(7) COMPANY: DODGE-OAKHURST WATER SUPPLY CORPORATION; DOCKET NUMBER: 2017-1636-MLM-E; IDENTIFIER: RN101437226; LOCATION: Dodge, San Jacinto County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(l), by failing to provide a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.44(d)(6), by failing to provide all dead-end mains with acceptable flush valves and discharge piping; 30 TAC §290.121(a), by failing to 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 and maintain a copy at each plant site; 30 TAC §290.46(f)(2) and (3)(A)(iv), (B)(iv) and (v), and (D)(ii), by failing to maintain and provide facility records to commission personnel upon request; 30 TAC §290.45(b)(1)(C)(iii) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide two or more service pumps having a total capacity of 2.0 gallons per minute (gpm) per connection; 30 TAC §290.46(p)(2), by failing to provide the executive director (ED) with a list of all the operators and operating companies that the public water system uses on an annual basis; 30 TAC §290.119(b)(7), by failing to use an acceptable analytical method for disinfectant analyses; 30 TAC §290.44(h)(1)(A), by failing to install backflow prevention assemblies at all residences or establishments where an actual or potential contamination hazard exists, as identified in 30 TAC §290.47(f); 30 TAC §290.110(d)(1), by failing to measure the free chlorine residual to a minimum accuracy of plus or minus 0.1 milligrams per liter; 30 TAC §290.39(j) and THSC, §341.0351, by failing to notify the ED prior to making any significant change or addition to the system's production, treatment, storage, pressure maintenance, or distribution facilities; 30 TAC §§290.41(c)(3)(O), 290.42(m), and 290.43(e), by failing to provide all well units, potable water storage tanks, water treatment plants, and pressure maintenance facilities with an intruder-resistant fence with a lockable gate or a locked and ventilated well house or lockable building; 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(s)(2)(C)(i), by failing to verify the accuracy of the manual disinfectant residual analyzer at least once every 90 days using chlorine solutions of known concentrations; 30 TAC §290.45(b)(1)(D)(i) and THSC, §341.0315(c), by failing to provide two or more wells having a total capacity of 0.6 gpm per connection; and 30 TAC §288.20(c), by failing to review and update, as appropriate, the drought contingency plan at least every five years; PENALTY: $1,392; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2571; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(8) COMPANY: FLOMOT WATER SUPPLY CORPORATION; DOCKET NUMBER: 2017-0330-PWS-E; IDENTIFIER: RN102317849; LOCATION: Flomot, Motley County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(B), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the executive director (ED) for the January 1, 2015 - December 31, 2015, and January 1, 2016 - December 31, 2016, monitoring periods, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1, 2015 - December 31, 2015, and January 1, 2016 - December 31, 2016, monitoring periods; 30 TAC §290.117(c)(2)(C), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the ED for the January 1, 2012 - December 31, 2014, monitoring period, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1, 2012 - December 31, 2014, monitoring period; 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 conduct routine coliform monitoring during the month of November 2014, the failure to provide the results of nitrate sampling for the third quarter of 2015, and the failure to provide the results of Stage 2 Disinfection Byproducts sampling for the January 1, 2015 - December 31, 2015, monitoring period; and 30 TAC §290.51(a)(6) and §291.76 and TWC, §5.702, by failing to pay Public Health Service Fees and associated late fees for TCEQ Financial Administration Account Number 91730003 for Fiscal Years 2015 and 2016, and Regulatory Assessment Fees for TCEQ Public Utility Account regarding Certificate of Convenience and Necessity Number 12577 for calendar years 2012 - 2015; PENALTY: $1,092; ENFORCEMENT COORDINATOR: Sarah Kim, (512) 239-4728; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(9) COMPANY: Hilmy Holdings, LLC; DOCKET NUMBER: 2017-0118-MLM-E; IDENTIFIER: RN109476408; LOCATION: Fredericksburg, Gillespie County; TYPE OF FACILITY: winery; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge stormwater associated with industrial activities under Texas Pollutant Discharge Elimination System Multi-Sector General Permit Number TXR050000; TWC, §26.121(a)(1), by failing to prevent the unauthorized discharge of industrial wastewater into or adjacent to any water in the state; 30 TAC §290.39(e)(1) and (h)(1) and Texas Health and Safety Code, §341.035(a), by failing to submit plans and specifications to the executive director for review and approval prior to the establishment of a new public water supply; and 30 TAC §290.42(b)(1) and (e)(2), by failing to provide disinfection facilities for all groundwater supplies for the purpose of microbiological control and distribution protection; PENALTY: $4,100; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(10) COMPANY: Jose Escamilla dba Rivercrest Gas and Service; DOCKET NUMBER: 2018-0139-PST-E; IDENTIFIER: RN102370582; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Christopher Moreno, (512) 239-2618; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: LOVING WATER SUPPLY CORPORATION; DOCKET NUMBER: 2018-0012-MLM-E; IDENTIFIER: RN101231751; LOCATION: Loving, Young County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(e)(4)(A) and Texas Health and Safety Code, §341.033(a), by failing to operate the water system under the direct supervision of a water works operator who holds a Class D or higher license; 30 TAC §290.46(f)(2) and (3)(A)(i)(III), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director upon request; 30 TAC §290.121(a) and (b), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the facility will use to comply with the monitoring requirements; 30 TAC §290.46(m)(1)(A), by failing to inspect the two ground storage tanks (GSTs) annually; 30 TAC §290.46(m)(1)(B), by failing to inspect the two pressure tanks annually; 30 TAC §290.42(l), by failing to compile and keep an up-to-date thorough plant operations manual for operator review and reference; 30 TAC §290.46(s)(2)(C)(i), by failing to verify the accuracy of manual disinfectant residual analyzers at least once every 90 days using chlorine solutions of known concentrations; 30 TAC §290.46(t), by failing to post a legible sign at the facility's production, treatment, and storage facilities in plain view of the public and which provides the name of the water supply and an emergency telephone number where a responsible official can be contacted; 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 enclose all completed well units in locked, ventilated well houses to exclude possible contamination or damage to the facilities by trespassers; 30 TAC §290.43(e), by failing to install all potable water storage tanks and pressure maintenance facilities in a lockable building that is designed to prevent intruder access or enclose all potable water storage tanks and pressure maintenance facilities by an intruder-resistant fence with lockable gates for which gates and doors are kept locked whenever the facility is unattended; 30 TAC §290.41(c)(3)(K), by failing to seal wellheads and pump bases by a gasket or sealing compound; 30 TAC §290.43(c)(3), by failing to cover the 0.02 million gallon GST's discharge opening with a gravity-hinged and weighted cover, an elastomeric duckbill valve, or other approved device to prevent the entrance of insects and other nuisances which closes automatically and fits tightly with no gap over 1/16 inch; and 30 TAC §288.20(a) and §288.30(5)(B) and TWC, §11.1272(c), by failing to adopt a Drought Contingency Plan which includes all elements for a retail public water supplier; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Michaelle Garza, (210) 403-4076; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(12) COMPANY: NAMELESS HOLLOW COUNCIL OF CO-OWNERS; DOCKET NUMBER: 2016-0543-PWS-E; IDENTIFIER: RN101191039; LOCATION: Leander, Travis County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(A), (h), and (i)(1) and §290.122(c)(2)(A) and (f) and 40 Code of Federal Regulations (CFR) §141.86 and §141.90(a), by failing to collect lead and copper tap samples at the required ten sample sites for two consecutive six-month monitoring periods following the January 1, 2012 - December 31, 2014, monitoring period during which the lead action level was exceeded, have the samples analyzed, and report the results to the executive director (ED), and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1, 2015 - June 30, 2015, monitoring period; 30 TAC §290.117(i)(5) and (k) and §290.122(b)(2)(A) and (f) and 40 CFR §141.85(a) and (b) and §141.90(f)(1), by failing to deliver the public education materials following the lead action level exceedance that occurred during the January 1, 2012 - December 31, 2014, monitoring period, and failing to provide the ED with copies of the public education materials and certification that distribution of said materials is being conducted in a manner consistent with TCEQ requirements, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to deliver the public education materials; 30 TAC §290.117(i)(6) and (j) and 40 CFR §141.85(d) and §141.90(f)(3), by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites that were tested, and failing to mail a copy of the consumer notification of tap results to the ED along with certification that the consumer notification has been distributed for the January 1, 2012 - December 31, 2014, and the January 1, 2016 - June 30, 2016, monitoring periods; 30 TAC §290.117(e)(2), (h), and (i)(3) and §290.122(c)(2)(A) and (f) and 40 CFR §141.87 and §141.90(a), by failing to conduct water quality parameter sampling at each of the facility's entry points and the required distribution sample site(s) for three consecutive six-month periods following the January 1, 2012 - December 31, 2014, monitoring period during which the lead action level was exceeded, have the samples analyzed, and report the results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to conduct all of the required water quality parameter sampling for the January 1, 2015 - June 30, 2015, monitoring period; 30 TAC §290.117(g)(2)(A) and §290.122(b)(2)(A) and (f) and 40 CFR §141.83 and §141.90(d)(1), by failing to submit a recommendation to the ED for source water treatment within 180 days after the end of the January 1, 2012 - December 31, 2014, monitoring period during which the lead action level was exceeded, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for source water treatment; 30 TAC §290.117(d)(2)(A), (h), and (i)(2) and §290.122(c)(2)(A) and (f) and 40 CFR §141.88 and §141.90(b), by failing to collect one lead and copper sample from each of the facility's entry points no later than 180 days after the end of the January 1, 2012 - December 31, 2014, monitoring period during which the lead action level was exceeded, have the samples analyzed, and report the results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect one lead and copper sample from each of the facility's entry points no later than 180 days after the end of the January 1, 2012 - December 31, 2014, monitoring period; 30 TAC §290.117(f)(3)(A) and §290.122(b)(2)(A) and (f) and 40 CFR §§141.81(e)(1), 141.82(a), and 141.90(c)(2), by failing to submit a recommendation to the ED for optimal corrosion control treatment within six months after the end of the January 1, 2012 - December 31, 2014, monitoring period during which the lead action level was exceeded, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a recommendation to the ED for optimal corrosion control treatment; 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 for calendar years 2014 and 2015; 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 timely conduct nitrate monitoring and reporting for the January 1, 2012 - December 31, 2012, monitoring period; and 30 TAC §290.117(f)(1)(A)(ii) and (i)(7) and §290.122(b)(2)(A) and (f) and 40 CFR §141.81(e)(2) and (3) and §141.82(b) and (c), by failing to perform and submit a corrosion control study to identify optimal corrosion control treatment for the system within 12 months after the end of the January 1, 2012 - December 31, 2014, monitoring period in which the system first exceeded the lead action level, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to perform and submit a corrosion control study; PENALTY: $1,876; ENFORCEMENT COORDINATOR: Sarah Kim, (512) 239-4728; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(13) COMPANY: National Container Group, LLC; DOCKET NUMBER: 2017-1668-AIR-E; IDENTIFIER: RN105379481; LOCATION: Kemp, Kaufman County; TYPE OF FACILITY: intermediate bulk container reconditioning facility; RULES VIOLATED: 30 TAC §116.110(a) and Texas Health and Safety Code, §382.0518(a) and §382.085(b), by failing to obtain authorization prior to operating a source of air emissions; PENALTY: $1,275; ENFORCEMENT COORDINATOR: Jo Hunsberger, (512) 239-1274; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: NAVARRO MILLS WATER SUPPLY CORPORATION; DOCKET NUMBER: 2018-0019-PWS-E; IDENTIFIER: RN101227494; LOCATION: Purdon, Navarro County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.110(c)(4)(A), by failing to monitor the disinfectant residual at representative locations throughout the distribution system at least once every seven days; 30 TAC §290.46(s)(2)(C)(i), by failing to verify the accuracy of the manual disinfectant residual analyzer at least once every 90 days using chlorine solutions of known concentrations; 30 TAC §290.121(a) and (b), by failing to 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 §290.42(l), by failing to provide a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.46(z), by failing to create a nitrification action plan for a system distributing chloraminated water; and 30 TAC §290.110(c)(5), by failing to conduct chloramine effectiveness sampling to ensure that monochloramine is the prevailing chloramine species and that nitrification is controlled; PENALTY: $777; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2571; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: RPR Environmental Services LLC; DOCKET NUMBER: 2017-1694-PST-E; IDENTIFIER: RN103939690; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: underground storage tank (UST) system; RULES VIOLATED: 30 TAC §334.49(a)(2) and (c)(4)(C) and TWC, §26.3475(d), by failing to ensure the UST corrosion protection system was operated and maintained in a manner that will ensure continuous corrosion protection; and 30 TAC §334.10(b)(2), by failing to assure all UST recordkeeping requirements are met; PENALTY: $5,375; ENFORCEMENT COORDINATOR: Carlos Molina, (512) 239-2557; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-201801818

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 24, 2018


Combined Notice of Public Meeting and Notice of Application and Preliminary Decision for an Air Quality Permit

Proposed Air Quality Permit Numbers: 146425, PSDTX1518, and GHGPSDTX170

APPLICATION AND PRELIMINARY DECISION. GCGV Asset Holding LLC, 1735 Hughes Landing Blvd., The Woodlands, TX 77380-1688, has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of Proposed Air Quality Permit 146425, and Prevention of Significant Deterioration (PSD) Air Quality Permits PSDTX1518 and GHGPSDTX170, which would authorize construction of a petrochemicals and plastics manufacturing complex south of Highway 181 and west of FM RD 2986, Gregory, San Patricio County, Texas 78390. This application was processed in an expedited manner, as allowed by the commission’s rules in 30 Texas Administrative Code, Chapter 101, Subchapter J. This application was submitted to the TCEQ on April 19, 2017. The proposed facility will emit the following air contaminants in a significant amount: carbon monoxide, greenhouse gases, nitrogen oxides, organic compounds, and particulate matter, including particulate matter with diameters of 10 microns or less (PM10) and 2.5 microns or less (PM2.5). In addition, the facility will emit the following air contaminants: exempt solvents, hazardous air pollutants, ammonia, ethylene oxide, hydrogen sulfide, sulfur dioxide, and sulfuric acid mist.

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

PSD increment table (.pdf)

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

The executive director has completed the technical review of the application and prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The permit application, executive director’s preliminary decision, draft permit, and the executive director’s preliminary determination summary and executive director’s air quality analysis will be available for viewing and copying at the TCEQ central office, the TCEQ Corpus Christi regional office, and at the Bell Whittington Public Library, 2400 Memorial Parkway, Portland, San Patricio County, Texas, beginning the first day of publication of this notice. The facility’s compliance file, if any exists, is available for public review at the TCEQ Corpus Christi Regional Office, NRC Bldg. Ste. 1200, 6300 Ocean Dr., Unit 5839, Corpus Christi, Texas.

INFORMATION AVAILABLE ONLINE. These documents are accessible through the Commission’s Web site at www.tceq.texas.gov/goto/cid: the executive director’s preliminary decision which includes the draft permit, the executive director’s preliminary determination summary, the air quality analysis, and, once available, the executive director’s response to comments and the final decision on this application. Access the Commissioners’ Integrated Database (CID) using the above link and enter the permit number for this application. The public location mentioned above provides public access to the internet. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to the application. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=27.92979&lng=-97.32191&zoom=13&type=r.

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

The Public Meeting is to be held:

Tuesday, May 22, 2018 at 7:00 P.M.

Gregory-Portland High School (Charlotte Brown Performing Arts Theatre)

4601 Wildcat Drive, Portland, Texas 78374

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

OPPORTUNITY FOR A CONTESTED CASE HEARING. You may request a contested case hearing regarding the portions of the application for State Air Quality Permit 146425 and PSD Air Quality Permit Number PSDTX1518. There is no opportunity to request a contested case hearing regarding the portion of the application for GHG PSD Air Quality Permit Number GHGPSDTX170. A contested case hearing is a legal proceeding similar to a civil trial in a state district court.

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

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

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

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

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

Further information may also be obtained from GCGV Asset Holding LLC at the address stated above or by calling Mrs. Tammy Headrick, Environmental Advisor GCGV Asset Holding at (832) 625-4775.Persons with disabilities who need special accommodations at the public meeting should call the Office of the Chief Clerk at (512) 239-3300 or (800) RELAY-TX (TDD) at least one week prior to the meeting.

Notice Issuance Date: April 24, 2018

TRD-201801884

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 25, 2018


Enforcement Orders

An agreed order was adopted regarding South Garza Water Supply Corporation, Docket No. 2016-1754-MLM-E on April 24, 2018, assessing $4,758 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ryan Rutledge, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Jack Michael Cowan, Personal Representative for the Estate of Jack McKee Cowan dba Bob's Premier Automotive Repair, Docket No. 2017-0324-PST-E on April 24, 2018, assessing $5,250 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ryan Rutledge, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Leona Bullock dba Blue Ridge Mobile Home Park, Docket No. 2017-0497-PWS-E on April 24, 2018, assessing $1,317 in administrative penalties with $263 deferred. Information concerning any aspect of this order may be obtained by contacting Austin Henck, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding First Yeti Inc dba Classic Mart, Docket No. 2017-0512-PST-E on April 24, 2018, assessing $5,813 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Isaac Ta, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Jacksboro, Docket No. 2017-0540-WQ-E on April 24, 2018, assessing $1,250 in administrative penalties with $250 deferred. Information concerning any aspect of this order may be obtained by contacting Caleb Olson, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding JRM Water L.L.C., Docket No. 2017-0784-PWS-E on April 24, 2018, assessing $1,224 in administrative penalties with $244 deferred. Information concerning any aspect of this order may be obtained by contacting Ryan Byer, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Arkema Inc., Docket No. 2017-0836-AIR-E on April 24, 2018, assessing $5,475 in administrative penalties with $1,095 deferred. Information concerning any aspect of this order may be obtained by contacting Shelby Orme, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding FEATHERLAND EGG FARMS, INC., Docket No. 2017-0858-AGR-E on April 24, 2018, assessing $5,313 in administrative penalties with $1,062 deferred. Information concerning any aspect of this order may be obtained by contacting Alejandro Laje, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding GULF STATES TOYOTA, INC., Docket No. 2017-0883-PWS-E on April 24, 2018, assessing $1,003 in administrative penalties with $200 deferred. Information concerning any aspect of this order may be obtained by contacting Sarah Kim, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Enbridge Pipelines (Texas Gathering) L.P., Docket No. 2017-0921-AIR-E on April 24, 2018, assessing $5,626 in administrative penalties with $1,125 deferred. Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding CAMP EAGLE, Docket No. 2017-1079-PWS-E on April 24, 2018, assessing $642 in administrative penalties with $128 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Luis Enrique Estrada, Docket No. 2017-1119-MSW-E on April 24, 2018, assessing $1,312 in administrative penalties with $262 deferred. Information concerning any aspect of this order may be obtained by contacting John Paul Fennell, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Heritage Asphalt Company LLC, Docket No. 2017-1134-AIR-E on April 24, 2018, assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Robyn Babyak, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding J&S Water Company, L.L.C., Docket No. 2017-1183-PWS-E on April 24, 2018, assessing $650 in administrative penalties with $130 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding PANJWANI ENERGY, LLC dba Star Stop 60, Docket No. 2017-1193-PST-E on April 24, 2018, assessing $5,625 in administrative penalties with $1,125 deferred. Information concerning any aspect of this order may be obtained by contacting Stephanie McCurley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Derichebourg Recycling USA, Inc., Docket No. 2017-1197-AIR-E on April 24, 2018, assessing $1,500 in administrative penalties with $300 deferred. Information concerning any aspect of this order may be obtained by contacting Raime Hayes-Falero, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding VELVIN OIL COMPANY, INC., Docket No. 2017-1215-PST-E on April 24, 2018, assessing $3,100 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Lhoist North America of Texas, Ltd., Docket No. 2017-1235-AIR-E on April 24, 2018, assessing $5,700 in administrative penalties with $1,140 deferred. Information concerning any aspect of this order may be obtained by contacting Caleb Olson, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Charles A. Leonard, Docket No. 2017-1278-PWS-E on April 24, 2018, assessing $176 in administrative penalties with $35 deferred. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Ezzell Independent School District, Docket No. 2017-1279-PWS-E on April 24, 2018, assessing $152 in administrative penalties with $30 deferred. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding BALGI ENTERPRISES INC dba Pioneer Mini Mart, Docket No. 2017-1295-PST-E on April 24, 2018, assessing $4,800 in administrative penalties with $960 deferred. Information concerning any aspect of this order may be obtained by contacting Rahim Momin, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Land Restoration, LLC, Docket No. 2017-1325-LII-E on April 24, 2018, assessing $608 in administrative penalties with $121 deferred. Information concerning any aspect of this order may be obtained by contacting David Carney, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Allen Watts dba Lago Vista Water System, Docket No. 2017-1331-PWS-E on April 24, 2018, assessing $313 in administrative penalties with $62 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Goldsmith, Docket No. 2017-1334-PWS-E on April 24, 2018, assessing $50 in administrative penalties with $10 deferred. Information concerning any aspect of this order may be obtained by contacting Ryan Byer, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Channelview Truck Stop USA, LLC, Docket No. 2017-1364-PST-E on April 24, 2018, assessing $4,663 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jake Marx, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding SHADY GROVE NO. 2 WATER SUPPLY CORPORATION, Docket No. 2017-1506-PWS-E on April 24, 2018, assessing $639 in administrative penalties with $127 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding IRA WATER SUPPLY CORPORATION, Docket No. 2017-1558-PWS-E on April 24, 2018, assessing $630 in administrative penalties with $126 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was adopted regarding The University of Texas at Arlington, Docket No. 2017-1652-PST-E on April 24, 2018, assessing $1,750 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Huan Nguyen, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-201801880

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Agency

Filed: April 25, 2018


Notice of Availability of the Draft 2016 Texas Integrated Report of Surface Water Quality for the Federal Clean Water Act, §305(b) and §303(d)

The Texas Commission on Environmental Quality (TCEQ or commission) announces the availability of the Draft 2016 Texas Integrated Report of Surface Water Quality. The Integrated Report (IR) is developed as a requirement of the federal Clean Water Act (CWA), §305(b) and §303(d). The IR is an overview of the status of surface waters in the state. Factors considered in evaluating the status of water bodies include concerns for public health, fitness for use by aquatic species and other wildlife, and specific pollutants and their potential sources. It includes summaries of water bodies that do not support beneficial uses or water quality criteria and those water bodies that demonstrate cause for concern. The IR is used by the TCEQ to support water quality management activities including monitoring, water quality standards revisions, total maximum daily loads, watershed protection plans, and best management practices to control pollution sources.

The Draft 2016 IR will be available May 4, 2018, on the TCEQ website at: http://www.tceq.texas.gov/waterquality/assessment/public_comment. Information regarding the public comment period may also be found on this website. Review and comment on individual waterbodies and the summaries, as described in the Draft 2016 IR contained on this website, are encouraged through the end of the comment period on June 5, 2018.

After the public comment period, the TCEQ will evaluate all additional data or information received. Changes made in response to any additional data or information submitted will be reflected in the Draft 2016 IR which will be submitted to the United States Environmental Protection Agency (EPA) for approval.

The TCEQ will consider and respond to comments received during the comment period, in a "Response to Comments" document. The Response to Comments and the Draft 2016 IR will be posted on the website when the TCEQ sends the Draft 2016 IR to the EPA. Comments must be received by 5:00 p.m. on June 5, 2018. Information must be submitted in writing via e-mail, post, fax, or special delivery, and cannot be accepted by phone.

E-mail comments to 303d@tceq.texas.gov. Individuals unable to access the documents on the TCEQ website may contact Andrew Sullivan by mail at Texas Commission on Environmental Quality, Water Quality Planning Division, MC 234, P.O. Box 13087, Austin, Texas 78711-3087 or by telephone at (512) 239-4587.

TRD-201801822

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 24, 2018


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 5, 2018. TWC, §7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 5, 2018. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: ANUM TEXAS CORP dba BIG COUNTRY MART; DOCKET NUMBER: 2016-1340-PST-E; TCEQ ID NUMBER: RN103044400; LOCATION: 4624 East Farm-to-Market Road 1187, Burleson, Tarrant County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); and TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $4,629; STAFF ATTORNEY: Logan Harrell, Litigation Division, MC 175, (512) 239-1439; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Clear Diamond, Inc.; DOCKET NUMBER: 2017-1002-MSW-E; TCEQ ID NUMBER: RN109744474; LOCATION: Ranch Road 864, Fort McKavett, Menard County; TYPE OF FACILITY: propane distribution facility; RULES VIOLATED: TWC, §26.266(a) and 30 TAC §327.5(a), by failing to immediately abate and contain a discharge or spill; PENALTY: $1,312; STAFF ATTORNEY: Audrey Liter, Litigation Division, MC 175, (512) 239-0684; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(3) COMPANY: Kelli D. Cook, Danny Allen Cook, and Cook & Clader Construction, LLC; DOCKET NUMBER: 2016-0558-WQ-E; TCEQ ID NUMBERS: RN108004326, RN108036526, and RN108003930; LOCATIONS: on the north side of a private road between County Road 128 (Jessie Thompson Road) and Nubbin Fuller Road, which the Rusk County Appraisal District defines as Abstract 519, TJ Martin Survey, Property Identification (ID) 24170 (Pit-A) (Site Number 1); on the south side of private road between County Road 128 (Jessie Thompson Road) and Nubbin Fuller Road, which the Rusk County Appraisal District defines as Abstract 732, J Smith Survey, Property ID 7920 (Pit-B) (Site Number 2); and 2324 North County Road 4144 and North County Road 4105, which the Rusk County Appraisal District defines as Abstract 7, F Cordova Survey, Property ID 49230 (Pit-C) (Site Number 3); Overton, Rusk County; TYPE OF FACILITIES: aggregate production operation (APOs); RULES VIOLATED: TWC, §26.121(a)(2), by failing to prevent the discharge of other waste into or adjacent to any water in the state from Site Numbers 1, 2, and 3, and 30 TAC §342.25(b), by failing to register Site Number 1 as an APO no later than the tenth business day before the beginning date of regulated activities; PENALTY: $32,000; STAFF ATTORNEY: Isaac Ta, Litigation Division, MC 175, (512) 239-0683; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(4) COMPANY: Dario Jaime Gonzalez dba Darios Tire Shop; DOCKET NUMBER: 2017-0137-MSW-E; TCEQ ID NUMBER: RN109537613; LOCATION: 1724 East Business Highway 83, Weslaco, Hidalgo County; TYPE OF FACILITY: tire shop; RULES VIOLATED: 30 TAC §328.56(a)(1) and (d)(2) and §328.60(a), by failing to register as a used or scrap tire generator and storage site while storing more than 500 used or scrap tires on the ground or 2,000 used or scrap tires in enclosed or lockable containers; PENALTY: $10,125; STAFF ATTORNEY: Ian Groetsch, Litigation Division, MC 175, (512) 239-2225; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(5) COMPANY: Elsa Salazar; DOCKET NUMBER: 2016-1637-MSW-E; TCEQ ID NUMBER: RN109272328; LOCATION: 5771 Mile 13 North near Mercedes, Hidalgo County; TYPE OF FACILITY: real property; RULE VIOLATED: 30 TAC §330.15(a) and (c), by causing, suffering, allowing, or permitting the unauthorized disposal of municipal solid waste; PENALTY: $22,500; STAFF ATTORNEY: Ian Groetsch, Litigation Division, MC 175, (512) 239-2225; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(6) COMPANY: Michael Rodriguez dba Oak Acres Mobile Home Park; DOCKET NUMBER: 2016-0705-PWS-E; TCEQ ID NUMBER: RN102323052; LOCATION: 1225 Osteen Street, Trailer 1, near Vidor, Orange County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.122(c)(2)(A) and (f), by failing to issue public notification and submit a copy of the public notification to the executive director (ED); 30 TAC §290.46(f)(4) and §290.106(e), by failing to provide the results of the triennial cyanide sampling to the ED; 30 TAC §290.46(f)(4) and §290.106(e), by failing to provide the results of annual nitrate sampling to the ED; and 30 TAC §290.46(f)(4) and §290.107(e), by failing to provide the results of triennial synthetic organic chemical contaminant sampling to the ED; PENALTY: $622; STAFF ATTORNEY: Elizabeth Carroll Harkrider, Litigation Division, MC 175, (512) 239-2008; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(7) COMPANY: OILTON RURAL WATER SUPPLY CORPORATION THE STATE OF TEXAS; DOCKET NUMBER: 2017-1300-PWS-E; TCEQ ID NUMBER: RN101195683; LOCATION: at the end of East Bonita Avenue, Oilton, Webb County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.41(c)(3)(A), by failing to submit well completion data and obtain approval by the executive director prior to placing Well Numbers 6 and 7 into service as public water supply sources; 30 TAC §290.41(c)(3)(N), by failing to provide an operational flow measuring device for each well to measure production yields and provide for the accumulation of water production data; and 30 TAC §290.46(s)(1), by failing to calibrate the facility's well meters at least once every three years; PENALTY: $415; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(8) COMPANY: Point Evans, LLC dba Albert Ice House & Dance Hall; DOCKET NUMBER: 2017-0402-PWS-E; TCEQ ID NUMBER: RN109667402; LOCATION: 5435 South Ranch Road 1623, Stonewall, Gillespie County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.46(n)(1), by failing to maintain accurate and up-to-date detailed as-built plans or record drawings and specifications for each treatment plant, pump station, and storage tank at the facility; 30 TAC §290.46(n)(3), by failing to maintain copies of well completion data such as well material setting data, geological log, sealing information (pressure cementing and surface protection), disinfection information, microbiological sample results, and a chemical analysis report of a representative sample of water from the well; and 30 TAC §290.42(b)(1) and (e)(2), by failing to provide disinfection facilities for the groundwater supply for the purpose of microbiological control and distribution protection; PENALTY: $550; STAFF ATTORNEY: Amanda Patel, Litigation Division, MC 175, (512) 239-3990; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(9) COMPANY: Shyamaji Inc. dba Shop N Go; DOCKET NUMBER: 2017-1246-PST-E; TCEQ ID NUMBER: RN102364957; LOCATION: 406 West Camp Wisdom Road, Duncanville, Dallas County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.45(d)(1)(E)(iii) and §334.50(b)(1)(A) and (d)(4)(A)(ii) and (7), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) by failing to conduct interstitial monitoring; 30 TAC §334.48(c) and §334.50(d)(1)(B)(ii) and (iii)(I) and (4)(A)(i), by failing to conduct effective inventory control procedures for all USTs involved in the retail sale of petroleum substances used as motor fuel; TWC, §26.3475(c)(1) and 30 TAC §334.50(d)(1)(B)(iii)(III), by failing to ensure that dispensers were metered within an accuracy of six or less cubic inches for every five gallons of product withdrawn; and TWC, §26.3475(d) and 30 TAC §334.49(a)(4), by failing to provide corrosion protection to all underground components of a UST system which are designed or used to convey, contain, or store regulated substances; PENALTY: $5,813; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: SILVERLAKE CHURCH; DOCKET NUMBER: 2016-1784-PWS-E; TCEQ ID NUMBER: RN101244986; LOCATION: 1865 Cullen Boulevard, Pearland, Brazoria County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(c)(4)(B) and §290.122(c)(2)(A) and (f), by failing to collect a raw groundwater source Escherichia coli (E. coli) sample from the facility's one active source within 24 hours of notification of a distribution total coliform-positive result on a routine sample and failing to issue public notification and submit a copy of the notification to the executive director (ED) regarding the failure to collect a raw groundwater source E. coli sample; 30 TAC §290.117(c)(2)(C), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the ED and failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples; and 30 TAC §290.122(c)(2)(A) and (f), by failing to issue public notification and submit a copy of the notification to the ED regarding the failure to collect all repeat coliform samples following a positive total coliform result; PENALTY: $2,500; STAFF ATTORNEY: Elizabeth Carroll Harkrider, Litigation Division, MC 175, (512) 239-2008; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-201801821

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 24, 2018


Notice of Opportunity to Comment on Shutdown/Default Order of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Order (S/DO). Texas Water Code (TWC), §26.3475 authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations, the proposed penalty, the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 5, 2018. The commission will consider any written comments received and the commission may withdraw or withhold approval of an S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed S/DO is not required to be published if those changes are made in response to written comments.

A copy of the proposed S/DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on June 5, 2018. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorney is available to discuss the S/DO and/or the comment procedure at the listed phone number; however, comments on the S/DO shall be submitted to the commission in writing.

(1) COMPANY: SHA-ADA GROUP LLC dba Lulu's Supermercado; DOCKET NUMBER: 2017-1230-PST-E; TCEQ ID NUMBER: RN102344959; LOCATION: 1001 Lamar Street, Sweetwater, Nolan County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); and TWC, §26.3475(d) and 30 TAC §334.49(c)(4)(C), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection at a frequency of at least once every three years; PENALTY: $8,079; STAFF ATTORNEY: Logan Harrell, Litigation Division, MC 175, (512) 239-1439; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

TRD-201801820

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 24, 2018


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of Jai Kapish Corporation dba Stop and Shop

SOAH Docket No. 582-18-3320

TCEQ Docket No. 2017-0716-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. - May 24, 2018

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 November 8, 2017 concerning assessing administrative penalties against and requiring certain actions of Jai Kapish Corporation dba Stop and Shop, for violations in Dallas County, Texas, of: Tex. Water Code §26.3475(c)(1) and 30 Tex. Admin. Code §334.50(b)(1)(A).

The hearing will allow Jai Kapish Corporation dba Stop and Shop, 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 Jai Kapish Corporation dba Stop and Shop, 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 Jai Kapish Corporation dba Stop and Shop 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. Jai Kapish Corporation dba Stop and Shop, the Executive Director of the Commission, and the Commission’s Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Tex. Water Code §7.054, Tex. Water Code chs. 7 and 26, and 30 Tex. Admin. Code chs. 70 and 334; Tex. 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 Tex. Admin. Code §70.108 and §70.109 and ch. 80, and 1 Tex. Admin. Code ch. 155.

Further information regarding this hearing may be obtained by contacting Jake Marx, 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 Tex. 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.

Issued: April 24, 2018

TRD-201801883

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 25, 2018


Notice of Public Meeting Concerning the Mineral Wool Insulation Manufacturing Company Proposed State Superfund Site

on June 14, 2018, in Rogers, Bell County, Texas

The purpose of the meeting is to obtain public input and information concerning the proposed remedy for the site.

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or agency) is issuing this public notice of the proposed remedy for the Mineral Wool Insulation Manufacturing Proposed state Superfund site (the site). In accordance with 30 Texas Administrative Code §335.349(a) concerning requirements for the remedial action, and Texas Health and Safety Code §361.187, concerning the proposed remedial action, a public meeting regarding the ED's selection of a proposed remedy for the site shall be held. This notice will also be published in the Temple Daily Telegram newspaper on May 4, 2018, and will also be published on May 10, 2018, in the Cameron Herald newspaper. The public meeting will be held on June 14, 2018, at 7:00 p.m., in the City of Rogers Civic Center, located at 4 West Mesquite Avenue, Rogers, Texas 76569. The public meeting is not a contested case hearing under the Texas Government Code, Chapter 2001.

The site was proposed for listing on the state registry of Superfund sites in the March 17, 2006, issue of the Texas Register (31 TexReg 2301). The site is located southeast of the intersection of Shaw Road and Neroc Road within the City of Rogers, Bell County, Texas.

The site is an inactive mineral wool manufacturing facility, approximately 19 acres in size, with no residents or workers present. The site operation began in 1981 making blow wool and batt wool using blast furnaces and raw material such as slag from copper and antimony smelting, waste from limestone mining, coke, and basalts. These raw materials were melted in a coke-fired furnace and extruded by blowing air over spinning drums to form fibers.

Two types of waste were generated at the facility. The first was the residue from the melting process known as "spent iron shot," which makes up most of the waste material present throughout the property as fill. The second type of waste was slurry or wastewater, which was circulated for cooling and remains as sediment in the cooling ponds.

In April 2003, the TCEQ prepared a screening site inspection report documenting field interviews, a background file review, and shallow soil sampling on and off-site. Results of the sampling revealed elevated concentrations of metals. In August 2005, a hazard ranking system document was prepared for the site, and the site was proposed to the state Superfund registry in 2006. A remedial investigation/feasibility study conducted from 2008 to 2017 culminated in an affected property assessment report (November 10, 2017) and a focused feasibility study report, (December 14, 2017). The affected property assessment report determined the nature and extent of the chemicals of concern at the site, while the focused feasibility study report screened and evaluated alternatives which could be used to remediate the site. Four alternatives for remediation of surface and subsurface soils, and sediment were developed. In March of 2018, the commission prepared the Proposed Remedial Action Document. This document presents the proposed remedy and justification for how this remedy demonstrates compliance with the relevant cleanup standards.

Based on the volume of contaminated materials remaining at the site, the proposed remedial alternative for the site is on-site consolidation and capping. The proposed alternative is the lowest cost alternative which is technologically feasible and reliable, effectively mitigates and minimizes damage to the environment, and provides adequate protection of the public health and safety and the environment.

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m. on June 13, 2018, and should be sent in writing to Jeffrey E. Patterson, Project Manager, TCEQ, Remediation Division, MC 143, P.O. Box 13087, Austin, Texas 78711-3087, by email to (superfnd@tceq.texas.gov), or by facsimile at (512) 239-2450. The public comment period for this action will end at the close of the public meeting on June 14, 2018. Please note that any contact information you provide, including your name, phone number, and physical address will become part of the TCEQ's public record.

A portion of the record for this site including documents pertinent to the proposed remedy, is available for review during regular business hours at the Temple Public Library, 100 West Adams Avenue, Temple, Texas 76501, phone number (254) 298-5555. The complete public file may be obtained during regular business hours at the TCEQ's Central File Room, Building E, Room 103, 12100 Park 35 Circle, Austin, Texas 78753, (512) 239-2900. Additional files may be obtained by contacting the TCEQ project manager for the site, Jeffrey E. Patterson, at (512) 239-2489. Fees are charged for photocopying file information. Parking for persons with disabilities is available on the east side of Building D, convenient to access ramps that are between Buildings D and E. Information is also available regarding the site's state Superfund history at https://www.tceq.texas.gov/remediation/superfund/state/minwool.html.

Persons with disabilities who have special communication or other accommodation needs, who are planning to attend the meeting should contact the TCEQ at (800) 633-9363 or (512) 239-3844. Requests should be made as far in advance as possible.

For further information concerning, this site or public meeting, please call Crystal Taylor, TCEQ Community Relations Liaison, at (800) 633-9363.

TRD-201801819

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 24, 2018


Second Amended Notice of Hearing

(To change hearing date.)

City of Abilene

SOAH Docket No. 582-18-2834

TCEQ Docket No. 2017-1751-IWD

Permit No. WQ0005213000

APPLICATION.

City of Abilene, P.O. Box 60, Abilene, Texas 79604, which owns and proposes to operate the Possum Kingdom Raw Water Roughing Facility, a reverse osmosis water treatment facility, has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0005213000, to authorize the discharge of water treatment waste at an annual average flow not to exceed 1,090,000 gallons per day during Phase I and 1,510,000 gallons per day during Phase II, via Outfall 001. The TCEQ received this application on September 29, 2016.

The facility is located at 105 East Elliot Street, on the southeast corner of the intersection of U.S. Highway 183 and East Elliott Street, in the City of Breckenridge, Stephens County, Texas 76424. As a public courtesy, we have provided the following Web page to an online map of the site or the facility's general location. The online map is not part of the application or the notice: <http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=32.7512&lng=-98.9017&zoom=13&type=r>. For the exact location, refer to the application.

The effluent is proposed to be discharged from the plant site via a pipe directly to Possum Kingdom Lake in Segment No. 1207 of the Brazos River Basin. The designated uses for Segment No. 1207 are primary contact recreation, public water supply, and high aquatic life use.

In accordance with Title 30 Texas Administrative Code (TAC) Section 307.5 and the TCEQ implementation procedures (June 2010) for the Texas Surface Water Quality Standards, an antidegradation review of the receiving waters was performed. A Tier 1 antidegradation review has preliminarily determined that existing water quality uses will not be impaired by this permit action. Numerical and narrative criteria to protect existing uses will be maintained. A Tier 2 review has preliminarily determined that no significant degradation of water quality is expected in Possum Kingdom Lake, which has been identified as having high aquatic life uses. Existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received.

The TCEQ Executive Director has prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at the Breckenridge Public Library, 209 North Breckenridge Avenue, Breckenridge, Texas.

DIRECT REFERRAL.

The Notice of Application and Preliminary Decision was published in English on June 21, 2017, and in Spanish on June 30, 2017. On March 1, 2018, the Applicant filed a request for direct referral to the State Office of Administrative Hearings (SOAH). Therefore, the chief clerk has referred this application directly to SOAH for a hearing on whether the application complies with all applicable statutory and regulatory requirements.

CONTESTED CASE HEARING.

SOAH will conduct a formal contested case hearing on this application at:

10:00 a.m. - June 12, 2018

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will be conducted in accordance with Chapter 2001, Texas Government Code; Chapter 26 of the Texas Water Code; TCEQ rules, including 30 TAC Chapter 305; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155. At the hearing on June 12, 2018, jurisdiction must be established and written and oral public comment on the draft permit and application may be accepted.

To participate in the hearing as a party, you must attend the hearing and show you would be affected by the application in a way not common to members of the general public. Any person may attend the hearing and request to be a party. Only persons named as parties may participate at the hearing.

In accordance with 1 Tex. 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 our website at http://www.tceq.texas.gov/.

Further information may also be obtained from the City of Abilene at the address stated above or by calling Mr. Tommy O'Brien, Executive Director of Water Utilities, at (325) 676-6416.

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

Issued: April 24, 2018

TRD-201801882

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 25, 2018


Texas Ethics Commission

List of Late Filers

Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report, or filing a late report, in reference to the specified filing deadline. If you have any questions, you may contact Julia Shinn at (512) 463-5797.

Deadline: Semiannual Report Due January 16, 2018, for Candidates and Officeholders

Candace A. Aylor, P.O. Box 1371, Austin, Texas 78767

Jim B. Darnell, 5114 94th St., Lubbock, Texas 79424

Sam Tejas, P.O. Box 55707, Houston, Texas 77255

Ronald E. Reynolds, 6140 Hwy. 6 South, Ste. 233, Missouri City, Texas 77459-3802

Deadline: 30 Day Pre-Election Report Due February 5, 2018, for Candidates and Officeholders

Arnoldo A. Alonzo, 3719 Rey David, Brownsville, Texas 78521

Warren Blake Baker, P.O. Box 80874, Austin, Texas 78708

Garen Elaina Fowler, P.O. Box 161572, Westlake, Texas 78716

Christopher Lauren Graham, P.O. Box 226265, San Antonio, Texas75222

Andres Holliday, 6629 E. Kings Crown, San Antonio, Texas 78233

Isaiah Roby Jackson, 602 N. Baird St. Ste. 203, Midland, Texas 79701

Barbara Krueger, 3837 Wintergreen Dr., Plano, Texas 75074

Sarah E. Laningham, 1505 Park Place, Apt. 26, College Station, Texas 77840

Nisha Mathews, P.O. Box 77266, Fort Worth, Texas 76177

Myra L. McIntosh, P.O. Box 192084, Dallas, Texas 75219

Geric L. Tipsword, 6031 Lattimer Drive, Houston, Texas 77035

Christopher L. Ward, P.O. Box 8585, Round Rock, Texas 78683

Deadline: Personal Financial Statement Due February 12, 2018

Adan Arellano, 3550 S Gevers #714, San Antonio, Texas 78210

Aroldo A Alonzo, 3719 Rey David, Brownsville, Texas 78521

Candace A Aylor, P.O. Box 1371, Austin, Texas 78767

Warren Blake Baker, P.O. Box 80874, Austin, Texas 78708

Matthew S Beebe, 70 NE Loop 410, Suite 755, San Antonio, Texas 78216

Andria Bender, 4996 CR 217, Richards, Texas 77873

Richard Bonton, 12680 W. Lake Houston Pkwy, Suite 510 PMB 180, Houston, Texas 77044

Stephanie Boyd, 405 N. Mary's Street, Suite 130, San Antonio, Texas 78205

Aaron D. Close, 18021 Kingland Blvd. #6204, Houston, Texas 77094

Christopher L. DeAnda, 214 W Texas Ave. Suite 900, Midland, Texas 79701

Harold V. Dutton, 4001 Jewett Street, Houston, Texas 77026

Kimberly F. Emery, 1308 Red Oak Creek Dr., Ovilla Texas 75154

Darlene Ewing, 2019 Molina, Sunnyvale, Texas 75812

Christopher M. Fails, 237 Mecca Drive, Hollywood Park, Texas 78232

Jessica Farrar, P.O. Box 30099, Houston, Texas 77009

Matthew T. Flores, 5707 4th Ave., TRLF 710 Canyon, Texas 79045

Jennifer S. Freel, P.O. Box 90933, Austin, Texas 78709

Eric Garza, 2045 Paloma Lane, Harlingen, X 78552

Christopher L. Graham, P.O. Box 226265, Dallas, Texas 75222

Matthew S. Green, 4429 Bowser Ave., Apt. 106, Dallas, Texas 75219

Teresa J. Hawthorne, P.O. Box 670844, Dallas, Texas 75367

Lawrence Wade Johnson, 2809 13th Ave. N., Texas City, Texas 77590

Barbara Krueger, 3837 Wintergreen Dr., Plano Texas 75075

Damian LaCroix, 416 Westheimer Rd, Houston, Texas 77006

Sarah E. Laningham, 1505 Park Place, Apt. 26, College Station Texas 77840

Gerardo E. Linan, P.O. Box 481, Brownsville, Texas 78523-4810

Kevin P. Ludlow, 1235 Broadmoor Dr., Austin Texas 78723

John W. McBee, 409 Williams Street, Cedar Hill, Texas 75701

Todd J. Moore, P.O. Box 831, Grapevine Texas 76099-0831

Mallory A. Olfers, 14900 Nacogdoches Rd. #2403, San Antonio, Texas 78247

Jeffery A. Payne, P.O. Box 820038, Dallas, Texas 75382

William N. Pedersen III, 3800 Maple Ave., Suite 380, Dallas, Texas 75219

Eric S. Pina, 8702 Sound Willow, San Antonio, Texas 78254

Phillip M. Purcell, 7705 Farrell Dr., Amarillo Texas 79121

Harold Ramm, 915 McClintic Dr., Groesbeck, Texas 76642

Ryan E. Ray, 2810 Glenda Street, Haltom City, Texas 76117

Demetria Y. Smith, 2727 Synott Road #2210, Houston, Texas 77082-3561

Larry Smith, 5900 Drystone Lane, Killeen, Texas 76542-5285

Christopher C. Spellmon, 10414 Royal Oaks Dr., Houston Texas 77016

Stephanie Stroud, P.O. Box 6143, Huntsville, Texas 77342

Seth A. Sutton, 1521 Austin Avenue, Waco, Texas 76701

Sam Tejas, P.O. Box 55707, Houston, Texas 77255

Alexander H. Vidal, 225 Discovery Dr. College Station, Texas 77845

Robert C. Walken II, 1302 Leader Drive, Killeen, Texas 76549

Victoria Walton, P.O. Box 764203, Dallas, Texas 75376-4203

Kory D. Watkins, 7760 Cochise Dr., Lone Oak Texas 75453

Stephen A. West, 209 West 2nd Street #213, Fort Worth, Texas 76102

TRD-201801697

Seana Willing

Executive Director

Texas Ethics Commission

Filed: April 19, 2018


Texas Facilities Commission

Request for Proposals #303-9-20630

The Texas Facilities Commission (TFC), on behalf of the Department of Public Safety-Highway Patrol (DPS), announces the issuance of Request for Proposals (RFP) #303-9-20630. TFC seeks a five (5) or ten (10) year lease of approximately 7,001 square feet of office space in Greenville, Hunt County, Texas.

The deadline for questions is May 14, 2018, and the deadline for proposals is May 22, 2018, at 3:00 p.m. The award date is June 20, 2018. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting the Program Specialist, Evelyn Esquivel, at (512) 463-6494. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://www.txsmartbuy.com/sp/303-9-20630.

TRD-201801869

Naomi Gonzalez

Acting General Counsel

Texas Facilities Commission

Filed: April 24, 2018


Request for Proposals #303-9-20631

The Texas Facilities Commission (TFC), on behalf of the Health and Human Services Commission (HHSC), announces the issuance of Request for Proposals (RFP) #303-9-20631. TFC seeks a five (5) or ten (10) year lease of approximately 4,973 square feet of office space in Hempstead, Waller County, Texas.

The deadline for questions is May 14, 2018, and the deadline for proposals is May 24, 2018, at 3:00 p.m. The award date is June 20, 2018. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting the Program Specialist, Evelyn Esquivel, at (512) 463-6494. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://www.txsmartbuy.com/sp/303-9-20631.

TRD-201801835

Naomi Gonzalez

Acting General Counsel

Texas Facilities Commission

Filed: April 24, 2018


General Land Office

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of April 16, 2018 to April 20, 2018. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period extends 30 days from the date published on the Texas General Land Office web site. The notice was published on the web site on Friday, April 27, 2018. The public comment period for this project will close at 5:00 p.m. on Sunday, May 27, 2018.

FEDERAL AGENCY ACTIONS:

Applicant: Dow Chemical Company

Location: Between the Brazos River and Oyster Creek, abuts the Brazos River

Latitude & Longitude (NAD 83): 29.2709860466716 -95.543090603221

Project Description: The proposed Project would provide additional water storage capacity by constructing an off-channel (upland) reservoir and associated infrastructure located immediately north of the existing Harris Reservoir site. The off-channel reservoir would include a 1,929-acre impoundment with a nominal storage capacity of 50,000 acre-feet, an intake and pump station to divert Dow’s existing surface water rights from the Brazos River, an outlet to Oyster Creek and an emergency spillway. The Project also includes floodplain enhancements in Oyster Creek, stream restoration and temporary construction staging and laydown areas.

The Project facilities are intended to provide a reliable water supply from the Brazos River for Dow’s Texas Operations in Freeport, Texas and other users of Dow’s water supply system including the Brazosport Water Authority during extended periods of low stream flows and/or drought. The proposed off-channel reservoir will be operated in conjunction with the existing Brazoria and Harris reservoirs to supplement the total available storage capacity and to provide additional operational flexibility.

Type of Application: U.S. Army Corps of Engineers(USACE) permit application # SWG-2016-01027. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.

CMP Project No: 18-1180-F1

Applicant: Victoria County Navigation District

Location: Approximately 10 miles south of Victoria, Victoria County, Texas along the Victoria Barge Canal between Stations 1605+17 to 1641+93, and 1658+20 to 1683+30

Latitude & Longitude (NAD 83): 28.65126, 96.95415 & 28.64119, 96.94719

Project Description: The applicant proposes to conduct work originally permitted under Permit SWG-2006-01921 (formerly 24402), first issued 20 December 2007 for constructing a barge slip approximately 4,000 feet long and 225 feet wide with a 500-foot taper on each end. A modification for the project was issued 17 December 2012 to construct a barge slip adjacent to the Victoria Barge Canal, with an expiration date of 31 December 2017. The applicant now proposes the continuation of all activities included in the previous permit authorizations with the addition of extending the barge canal widening through an adjacent property. Phase I of the South Industrial Site dock as well as 1,650 feet of the Barge Canal widening project is complete. Of the original permitted area to be dredged, there is an estimated 2,510-foot by 500-foot area with 603,000 cubic yards of the original 1,222,000 cubic yards of material above elevation +2 feet mean lower low water (MLLW) to be removed mechanically and an estimated 650,000 cubic yards of the original 1,142,000 cubic yards of material below elevation +2 feet MLLW to be hydraulically dredged or mechanically excavated. The proposed additional approximately 3,700-foot by 500-foot widening will serve as an extended fleeting area for barges utilizing the canal. For the added portion of the canal to be widened, there is an estimated 738,000 yards of material above elevation +2 feet MLLW that will be mechanically excavated and spread on the adjacent upland area owned by the applicant, and an estimated 995,000 cubic yards of material below elevation +2 feet MLLW to be hydraulically dredged or mechanically excavated. Material placement and containment will remain on the adjacent 1,850 upland acres of land marked on sheets 3, 4, and 5 of the included plans as "Original ~1850 acres owned by VCND".

Type of Application: U.S. Army Corps of Engineers(USACE) permit application # SWG-2006-01921. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899. Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.

CMP Project No: 18-1184-F1

Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from Ms. Allison Buchtien, P.O. Box 12873, Austin, Texas 78711-2873, or via email at federal.consistency@glo.texas.gov. Comments should be sent to Ms. Buchtien at the above address or by email.

TRD-201801872

Mark A. Havens

Chief Clerk and Deputy Land Commissioner

General Land Office

Filed: April 24, 2018


Notice of Award of a Major Consulting Contract

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Texas General Land Office ("GLO") announces the award of a major consulting services contract to MPACT Strategic Consulting LLC, 4615 Southwest Freeway, Suite 805, Houston, Texas 77027 ("Consultant"). The Consultant will advise the GLO's Community Development & Revitalization program on compliance with the Uniform Relocation Act and related laws and regulations. The Consultant will provide reports on dates to be determined in subsequent notices to proceed issued under the contract. The total value of the contract is $200,000. The contract was fully executed and became effective on April 17, 2018, and will expire on August 31, 2022, unless extended by written amendment or terminated sooner.

TRD-201801881

Mark A. Havens

Chief Clerk, Deputy Land Commissioner

General Land Office

Filed: April 25, 2018


Texas Health and Human Services Commission

Public Notice - Health and Human Services Commission Strategic Plan 2019 - 2023

Health and Human Services Commission (HHSC) and the Department of State Health Services (DSHS) will conduct a public hearing to receive stakeholder input for the draft Health and Human Services Strategic Planning Elements for 2019-2023. HHSC and DSHS will each develop strategic plans, and HHSC will develop a Coordinated Strategic Plan covering both health and human services agencies. Please see the agency website at https://hhs.texas.gov/strategic-plans for the draft Health and Human Services Strategic Planning Elements for 2019-2023. The public hearing will take place on April 30, 2018, at 1:30 p.m. Central Daylight Time (CDT) in the Brown-Heatly Building Public Hearing Room, at 4900 North Lamar Blvd., Austin, Texas 78751. The phone call-in number is (877) 820-7831, and the Guest Passcode is 863097.

In-Person and Telephone Testimony. Public testimony will be taken in person at the meeting as well as via telephone. Every person wishing to testify at the hearing will be required to register at the meeting. Every person wishing to testify via telephone must submit an email to strategicplancomments@hhsc.state.tx.us no later than 10:00 a.m. CDT on Monday, April 30, 2018; the email must include the person's name, a telephone number where he or she can be reached, and a statement requesting to submit oral testimony via telephone. Testimony will first be taken from all persons present at the meeting and will be followed by testimony submitted via telephone.

Written Comments. Written comments will be taken until 5:00 p.m. on Monday, April 30, 2018. Comments may be sent by U.S. mail, overnight mail, special delivery mail, hand delivery, fax, or email:

U.S. Mail

Texas Health and Human Services Commission

Attention: Laura Lucinda, Mail Code 1045

P.O. Box 149030

Austin, Texas 78714-9030

Overnight mail, special delivery mail, or hand delivery

Texas Health and Human Services Commission

Attention: Laura Lucinda, Mail Code 1045

Brown-Heatly Building

4900 North Lamar Blvd.

Austin, Texas 78751

Phone number for package delivery: (512) 487-3334

Fax

(512) 424-6955

Attention: Strategic Planning

Email

strategicplancomments@hhsc.state.tx.us

TRD-201801762

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: April 20, 2018


Public Notice - Texas State Plan for Medical Assistance Amendment

The Texas Health and Human Services Commission announces its intent to submit an amendment to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act. The proposed amendment is effective July 1, 2018.

The purpose of this amendment is to update the fee schedules in the current state plan by adjusting or implementing the fees for Clinical Diagnostic Laboratory Services.

The proposed amendment is estimated to result in an aggregate cost savings of $2,701,262 for the remainder of federal fiscal year (FFY) 2018, consisting of $1,536,120 in federal funds and $1,165,142 in state general revenue. For FFY 2019, the estimated annual aggregate cost savings is $10,969,027, consisting of $6,382,877 in federal funds and $4,586,150 in state general revenue. For FFY 2020, the estimated annual aggregate cost savings is $11,132,369, consisting of $6,477,926 in federal funds and $4,654,443 in state general revenue.

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

Rate Hearing. A rate hearing will be held on May 15, 2018, at 1:30 p.m. in Austin, Texas. Information about the proposed rate changes (including methodology and justification) and the hearing can be found in the March 30, 2018, issue of the Texas Register on pages 2054 - 2056 at http://www.sos.state.tx.us/texreg/index.shtml.

Copy of Proposed Amendment. Interested parties may obtain a free copy of the proposed amendment by contacting Doneshia Ates, State Plan Advisor, by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, TX 78711; by telephone at (512) 428-1963; by facsimile at (512) 730-7472; or by e-mail to Medicaid_Chip_SPA_Inquiries@hhsc.state.tx.us. Copies of the proposed amendments will be available for review at the local county offices of the Texas Department of Aging and Disability Services.

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

U.S. Mail.

Texas Health and Human Services Commission

Attention: Rate Analysis, Mail Code H-400

P.O. Box 149030

Austin, TX 78714-9030

Overnight mail, special delivery mail, or hand delivery

Texas Health and Human Services Commission

Attention: Rate Analysis, Mail Code H-400

Brown-Heatly Building

4900 North Lamar Blvd.

Austin, TX 78751

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

Fax

Attention: RAD Hospital Department at (512) 730-7475

Email

RADAcuteCare@hhsc.state.tx.us

TRD-201801874

Karen Ray

Chief Counsel

Texas Health Human Services Commission

Filed: April 25, 2018


Department of State Health Services

Order Placing MT-45 into Schedule I, and Cyclopropyl Fentanyl into Schedule I Temporarily Listed Substances

The Administrator of the Drug Enforcement Administration issued a temporary scheduling order to schedule the synthetic opioid N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (Other name: cyclopropyl fentanyl) including its isomers, esters, ethers, salts, and salts of isomers, esters and ethers in Schedule I of the Controlled Substances Act effective January 4, 2018. This temporary scheduling order was published in the Federal Register, Volume 83, Number 3, pages 469-472. This action was based on the following:

1. Cyclopropyl fentanyl has a high potential for abuse;

2. Cyclopropyl fentanyl has no currently accepted medical use in treatment in the United States;

3. Cyclopropyl fentanyl has a lack of accepted safety for use under medical supervision; and,

4. Temporary placement of cyclopropyl fentanyl into Schedule I is necessary to avoid an imminent hazard to the public safety.

The Administrator of the Drug Enforcement Administration issued a final order placing 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine (Other name: MT-45), including its salts, isomers, and salts of isomers into Schedule I of the Controlled Substances Act effective January 12, 2018. This final order was published in the Federal Register, Volume 82, Number 238, pages 58557-58559. This action was based on the following:

1. The 59th session of the Commission on Narcotic drugs, added MT-45 to Schedule I of the Single Convention;

2. The United States is obligated to control MT-45 under the Single Convention on Narcotic Drugs, 1961; and,

3. MT-45 has no currently accepted medical use in treatment in the United States.

Pursuant to Section 481.034(g), as amended by the 75th legislature, of the Texas Controlled Substances Act, Health and Safety Code, Chapter 481, at least thirty-one days have expired since notice of the above referenced actions were published in the Federal Register. In the capacity as Commissioner of the Texas Department of State Health Services, John Hellerstedt, M.D., does hereby order that the substance cyclopropyl fentanyl be temporarily placed into Schedule I; and also orders that the substance MT-45 be placed into Schedule I.

SCHEDULE I

-Schedule I opiates

The following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:

*(34) MT-45 (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine)

-Schedule I temporarily listed substances subject to emergency scheduling by the United States Drug Enforcement Administration.

Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances or that contains any of the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation.

*(18) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (Other name: cyclopropyl fentanyl)

Changes to the schedules are marked with an asterisk (*).

TRD-201801870

Barbara L. Klein

General Counsel

Department of State Health Services

Filed: April 24, 2018


Order Placing Valeryl Fentanyl, Para-fluorobutyryl Fentanyl, Para-methoxybutyryl Fentanyl, Para-chloroisobutyryl Fentanyl; Isobutyryl Fentanyl; Cyclopentyl Fentanyl; Ocfentanil; and Fentanyl-related Substances into Schedule I Temporarily Listed Substances

The Administrator of the Drug Enforcement Administration issued a temporary scheduling order to place seven fentanyl-related substances into schedule I effective February 1, 2018.

These substances are:

N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl fentanyl);

N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (para-fluorobutyryl fentanyl);

N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (para-methoxybutyryl fentanyl);

N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (para-chloroisobutyryl fentanyl);

N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl fentanyl);

N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (cyclopentyl fentanyl); and

N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (ocfentanil).

This temporary scheduling order was published in the Federal Register, Volume 83, Number 22, pages 4580-4585. This action was based on the following:

1. Valeryl fentanyl, para-fluorobutyryl fentanyl, para-methoxybutyryl fentanyl, para-chloroisobutyryl fentanyl; isobutyryl fentanyl; cyclopentyl fentanyl; and ocfentanil have a high potential for abuse;

2. Valeryl fentanyl, para-fluorobutyryl fentanyl, para-methoxybutyryl fentanyl, para-chloroisobutyryl fentanyl; isobutyryl fentanyl; cyclopentyl fentanyl; and ocfentanil have no currently accepted medical use in treatment in the United States;

3. Valeryl fentanyl, para-fluorobutyryl fentanyl, para-methoxybutyryl fentanyl, para-chloroisobutyryl fentanyl; isobutyryl fentanyl; cyclopentyl fentanyl; and ocfentanil have a lack of accepted safety for use under medical supervision; and,

4. Temporary placement of valeryl fentanyl, para-fluorobutyryl fentanyl, para-methoxybutyryl fentanyl, para-chloroisobutyryl fentanyl; isobutyryl fentanyl; cyclopentyl fentanyl; and ocfentanil into Schedule I is necessary to avoid an imminent hazard to the public safety.

The Administrator of the Drug Enforcement Administration issued a temporary scheduling order to place fentanyl-related substances that are not currently listed in any Schedule of the Controlled Substances Act and their isomers, esters, ethers, salts and salts of isomers, esters, and ethers into Schedule I effective February 6, 2018. This temporary scheduling order was published in the Federal Register, Volume 83, Number 25, pages 5188-5192. This action was based on the following:

1. These fentanyl-related substances have a high potential for abuse;

2. These fentanyl-related substances have no currently accepted medical use in treatment in the United States;

3. These fentanyl-related substances have a lack of accepted safety for use under medical supervision; and,

4. Temporarily placement of these fentanyl-related substances into schedule I is necessary to avoid an imminent hazard to the public safety.

Pursuant to Section 481.034(g), as amended by the 75th legislature, of the Texas Controlled Substances Act, Health and Safety Code, Chapter 481, at least thirty-one days have expired since notice of the above referenced actions were published in the Federal Register. In the capacity as Commissioner of the Texas Department of State Health Services, John Hellerstedt, M.D., does hereby order that the substances valeryl fentanyl, para-fluorobutyryl fentanyl, para-methoxybutyryl fentanyl, para-chloroisobutyryl fentanyl; isobutyryl fentanyl; cyclopentyl fentanyl; ocfentanil as well as any fentanyl-related substances that are not currently listed in any Schedule of the Controlled Substances Act and their isomers, esters, ethers, salts and salts of isomers, esters, and ethers be temporarily placed into Schedule I;

SCHEDULE I

-Schedule I temporarily listed substances subject to emergency scheduling by the United States Drug Enforcement Administration.

Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances or that contains any of the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation.

*(19) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: valeryl fentanyl);

*(20) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: para-fluorobutyryl fentanyl);

*(21) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: para-methoxybutyryl fentanyl);

*(22) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: para-chloroisobutyryl fentanyl);

*(23) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: isobutyryl fentanyl);

*(24) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: cyclopentyl fentanyl);

*(25) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers (Other name: ocfentanil); and

*(26) Fentanyl-related substances, their isomers, esters, ethers, salts and salts of isomers, esters and ethers.

Fentanyl-related substance means any substance not otherwise listed under another Administration Controlled Substance Code Number, and for which no exemption or approval is in effect under Section 505 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 355], that is structurally related to fentanyl by one or more of the following modifications:

*(26-1) Replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;

*(26-2) Substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups;

*(26-3) Substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro groups;

*(26-4) Replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; and/or

*(26-5) Replacement of the N-propionyl group by another acyl group.

Changes to the schedules are marked with an asterisk (*).

TRD-201801871

Barbara L. Klein

General Counsel

Department of State Health Services

Filed: April 24, 2018


Texas Department of Insurance

Company Licensing

Application for PROSELECT NATIONAL INSURANCE COMPANY, INC., a foreign fire and/or casualty company, to change its name to CIMARRON INSURANCE COMPANY, INC. The home office is in Scottsdale, Arizona.

Application to do business in the state of Texas for DENTAL CARE PLUS, INC., a foreign life, accident and/or health company. The home office is in Sharonville, Ohio.

Application to do business in the state of Texas for ATHENE LIFE INSURANCE COMPANY, a foreign life, accident and/or health company. The home office is in Wilmington, Delaware.

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 103-CL, Austin, Texas 78701.

TRD-201801877

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: April 25, 2018


Texas Lottery Commission

Scratch Ticket Game Number 2058 "Blackjack"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2058 is "BLACKJACK". The play style is "cards - blackjack".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2058 shall be $1.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2058.

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: 04, 07, 09, 11, 14, 16, 17, 18, 19, 20, 21, 4 CARD SYMBOL, 5 CARD SYMBOL, 6 CARD SYMBOL, 7 CARD SYMBOL, 8 CARD SYMBOL, 9 CARD SYMBOL, 10 CARD SYMBOL, J CARD SYMBOL, Q CARD SYMBOL, K CARD SYMBOL, A CARD SYMBOL, $1.00, $2.00, $5.00, $10.00, $15.00, $20.00, $40.00, $100 and $500.

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. 2058 - 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-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (+x2058), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 150 within each Pack. The format will be: 2058-0000001-001.

H. Pack - A Pack of the "BLACKJACK" Scratch Ticket Game contains 150 Scratch Tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the op page; Tickets 006 to 010 on the next page; etc.; and Tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed.

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

J. Scratch Game Ticket, Scratch Ticket or Ticket - Texas Lottery "BLACKJACK" Scratch Ticket Game No. 2058.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "BLACKJACK" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 15 (fifteen) Play Symbols. If the total of the 2 cards in any HAND beats the DEALER'S TOTAL, the player wins the prize for that HAND. If any HAND equals 21, then the player WINS ALL 4 prizes! J, Q, K = 10, A = 11. LUCKY BONUS: If the player reveals a "21" Play Symbol, the player wins the prize for that symbol. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly 15 (fifteen) 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 15 (fifteen) 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 15 (fifteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 15 (fifteen) 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, in the same order, of either Play Symbols or Prize Symbols.

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

C. CARDS- BLACKJACK: No matching non-winning Prize Symbols will appear on a Ticket, unless restricted by other parameters, play action or prize structure.

D. CARDS- BLACKJACK: A non-winning Prize Symbol will never be the same as a winning Prize Symbol.

E. CARDS- BLACKJACK: No HAND will contain two aces.

F. CARDS- BLACKJACK: No HAND will total less than 14.

G. CARDS- BLACKJACK: No ties between a HAND total and the DEALER'S TOTAL.

H. CARDS- BLACKJACK: No duplicate non-winning HANDS on a Ticket in any order.

I. CARDS- BLACKJACK: A HAND totaling 21 (win all) will only appear on intended winning Tickets.

J. CARDS- BLACKJACK: There will be no matching HAND 1-4 Play Symbols on Non-Winning Tickets.

K. LUCKY BONUS: The "21" (WIN) Play Symbol will only appear on intended winning Tickets.

2.3 Procedure for Claiming Prizes.

A. To claim a "BLACKJACK" Scratch Ticket Game prize of $1.00, $2.00, $5.00, $10.00, $15.00, $40.00, $100 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 $40.00, $100 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. As an alternative method of claiming a "BLACKJACK" 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.

C. 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.

D. 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 "BLACKJACK" 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 "BLACKJACK" 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 9,120,000 Scratch Tickets in Scratch Ticket Game No. 2058. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2058 - 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. 2058 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules. See 16 TAC §401.302(j).

6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 2058, 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-201801712

Bob Biard

General Counsel

Texas Lottery Commission

Filed: April 19, 2018


Scratch Ticket Game Number 2061 "Lion's Share"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2061 is "LION'S SHARE". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. Tickets for Scratch Ticket Game No. 2061 shall be $5.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2061.

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, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, COIN SYMBOL, POT OF GOLD SYMBOL, GOLD BAR SYMBOL, $5.00, $10.00, $20.00, $50.00, $100, $250, $500, $1,000 and $100,000.

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

Figure 1: GAME NO. 2061 - 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-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2061), 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: 2061-0000001-001.

H. Pack - A Pack of "LION'S SHARE" Scratch Ticket Game contains 075 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 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 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 - A Texas Lottery "LION'S SHARE" Scratch Ticket Game No. 2061.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "LION'S SHARE" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 55 (fifty-five) Play Symbols. The player must scratch the entire play area to reveal 5 LION NUMBERS Play Symbols and 25 YOUR NUMBERS Play Symbols. If the player matches any of the YOUR NUMBERS Play Symbols to any of the LION NUMBERS Play Symbols, the player wins the prize for that number. If the player reveals a "Coin" Play Symbol, the player wins DOUBLE the prize for that symbol. If the player reveals a "Pot of Gold" Play Symbol, the player wins 5 TIMES the prize for that symbol. If the player reveals a "Gold Bar" Play Symbol, the player wins 10 TIMES the prize for that symbol. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly 55 (fifty-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 55 (fifty-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 55 (fifty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 55 (fifty-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.

Programmed Game Parameters.

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

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

C. A Ticket can win up to twenty-five (25) times.

D. On winning and Non-Winning Tickets, the top cash prizes of $1,000 and $100,000 will each appear at least once, except on Tickets winning twenty-five (25) times.

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

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

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

H. No matching LION NUMBERS Play Symbols will appear on a Ticket.

I. YOUR NUMBERS Play Symbols will never equal the corresponding Prize Symbol (i.e., 5 and $5, 10 and $10, 20 and $20, 50 and $50).

J. On all Tickets, a Prize Symbol will not appear more than four (4) times, except as required by the prize structure to create multiple wins.

K. On Non-Winning Tickets, a LION NUMBERS Play Symbol will never match a YOUR NUMBERS Play Symbol.

L. The "COIN" (DBL) Play Symbol will never appear as a LION NUMBERS Play Symbol.

M. The "COIN" (DBL) Play Symbol will never appear more than twice on a Ticket.

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

O. The "COIN" (DBL) Play Symbol will win DOUBLE the prize for that Play Symbol and will win as per the prize structure.

P. The "POT OF GOLD" (WINX5) Play Symbol will never appear as a LION NUMBERS Play Symbol.

Q. The "POT OF GOLD" (WINX5) Play Symbol will never appear more than once on a Ticket.

R. The "POT OF GOLD" (WINX5) Play Symbol will never appear on a Non-Winning Ticket.

S. The "POT OF GOLD" (WINX5) Play Symbol will win 5 TIMES the prize for that Play Symbol and will win as per the prize structure.

T. The "GOLD BAR" (WINX10) Play Symbol will never appear as a LION NUMBERS Play Symbol.

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

V. The "GOLD BAR" (WINX10) Play Symbol will never appear more than once on a Ticket.

W. The "GOLD BAR" (WINX10) Play Symbol will never appear on a Non-Winning Ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "LION'S SHARE" Scratch Ticket Game prize of $5.00, $10.00, $20.00, $50.00, $100, $250 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100, $250 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "LION'S SHARE" Scratch Ticket Game prize of $1,000 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 "LION'S SHARE" 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 "LION'S SHARE" 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 "LION'S SHARE" 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 the Scratch Ticket Game No. 2061. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2061 - 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. 2061 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 Game closing procedures and the Scratch Ticket Game Rules. See 16 TAC §401.302(j).

6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 2061, 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-201801710

Bob Biard

General Counsel

Texas Lottery Commission

Filed: April 19, 2018


Scratch Ticket Game Number 2079 "Blackout Bingo"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2079 is "BLACKOUT BINGO". The play style is "bingo".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2079 shall be $2.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2079.

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: B01, B02, B03, B04, B05, B06, B07, B08, B09, B10, B11, B12, B13, B14, B15, I16, I17, I18, I19, I20, I21, I22, I23, I24, I25, I26, I27, I28, I29, I30, N31, N32, N33, N34, N35, N36, N37, N38, N39, N40, N41, N42, N43, N44, N45, G46, G47, G48, G49, G50, G51, G52, G53, G54, G55, G56, G57, G58, G59, G60, O61, O62, O63, O64, O65, O66, O67, O68, O69, O70, O71, O72, O73, O74, O75, 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, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75 and FREE SYMBOL.

D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. Crossword and Bingo style games do not typically have Play Symbol Captions. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1: GAME NO. 2079 - 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 (2079), 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: 2079-0000001-001.

H. Pack - A Pack of the "BLACKOUT BINGO" Scratch Ticket Game contains 125 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 "BLACKOUT BINGO" Scratch Ticket Game No. 2079.

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 "BLACKOUT BINGO" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 130 (one hundred thirty) Play Symbols. BLACKOUT BINGO PLAY INSTRUCTIONS: The player scratches the "CALLER'S CARD" area to reveal twenty-four (24) Bingo Numbers and scratches the "BONUS NUMBERS" to reveal six (6) BONUS Bingo Numbers. The player scratches only those Bingo Numbers on the four (4) "BINGO CARDS" that match the "CALLER'S CARD" Bingo Numbers and the "BONUS NUMBERS" Bingo Numbers. The player also scratches the "FREE" spaces on the four (4) "BINGO CARDS". If a player matches all Bingo Numbers in a complete vertical, horizontal or diagonal line (five (5) or four (4) numbers + "FREE" space), the player wins the prize in the corresponding prize legend for that "BINGO CARD". If a player matches all Bingo Numbers in all four (4) corners, the player wins the prize in the corresponding prize legend for that "BINGO CARD". If a player matches all Bingo Numbers to complete an "X" (eight (8) Bingo Numbers plus the "FREE" space), the player wins the prize in the corresponding prize legend for that "BINGO CARD". Or if a player matches all Bingo Numbers to make a complete "BLACKOUT", the player wins the prize in the corresponding prize legend for that "BINGO CARD". Note: Only the highest prize per "BINGO CARD" will be paid. 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 130 (one hundred thirty) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption; Crossword and Bingo style games do not typically have Play Symbol Captions;

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

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

5. The Scratch Ticket shall be intact;

6. The Serial Number, 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 130 (one hundred thirty) 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 130 (one hundred thirty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 130 (one hundred thirty) 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.

Programmed Game Parameters.

A. Consecutive Non-Winning Tickets in a Pack will not have matching patterns in the same order.

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

C. A Ticket can win up to four (4) times and only once per "BINGO CARD".

D. No duplicate Play Symbols will appear on each individual "BINGO CARD".

E. Only the highest prize won per "BINGO CARD" will be paid.

F. Each "CALLER'S CARD" will have a minimum of four (4) and a maximum of six (6) numbers from each range per letter. The "BONUS NUMBERS" Bingo Numbers will have a minimum of one (1) and a maximum of two (2) numbers form each range per letter.

G. The number range used for each letter will be as follows:

B: 01-15

I: 16-30

N: 31-45

G: 46-60

O: 61-75

H. Each "BINGO CARD" on the same Ticket must be different.

I. The twenty-four (24) "CALLERS CARD" Bingo Numbers and six (6) "BONUS NUMBERS" Bingo Numbers will match thirty-five (35) to fifty-five (55) numbers per Ticket (not including the FREE spaces).

J. The twenty-four (24) "CALLERS CARD" Bingo Numbers will all be different.

K. The six (6) "BONUS NUMBERS" Bingo Numbers will all be different.

L. The six (6) "BONUS NUMBERS" Bingo Numbers will all be different from the twenty-four (24) "CALLERS CARD" Bingo Numbers.

M. Prizes for "BINGO CARDS" 1 to 4 are as follows:

"BINGO CARD" 1: Line $2

4 Corners $10

"X" $20

BLACKOUT $100

"BINGO CARD" 2: Line $3

4 Corners $20

"X" $50

BLACKOUT $500

"BINGO CARD" 3: Line $5

4 Corners $50

"X" $100

BLACKOUT $1,000

"BINGO CARD" 4: Line $10

4 Corners $100

"X" $500

BLACKOUT $30,000

2.3 Procedure for Claiming Prizes.

A. To claim a "BLACKOUT BINGO" Scratch Ticket Game prize of $2.00, $3.00, $5.00, $8.00, $10.00, $15.00, $20.00, $25.00, $30.00, $50.00, $100 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and 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, $50.00, $100 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "BLACKOUT BINGO" Scratch Ticket Game prize of $1,000 or $30,000, 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 "BLACKOUT BINGO" 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 "BLACKOUT BINGO" 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 "BLACKOUT BINGO" 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 35,040,000 Scratch Tickets in Scratch Ticket Game No. 2079. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2079 - 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. 2079 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. 2079, 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-201801735

Bob Biard

General Counsel

Texas Lottery Commission

Filed: April 20, 2018


Scratch Ticket Game Number 2080 "Break the Bank"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2080 is "BREAK THE BANK". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2080 shall be $2.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2080.

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, MONEY STACK SYMBOL, $2.00, $4.00, $6.00, $10.00, $20.00, $50.00, $200, $1,000, $3,000 and $30,000.

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. 2080 - 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-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2080), 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: 2080-0000001-001.

H. Pack - A Pack of the "BREAK THE BANK" Scratch Ticket Game contains 125 Scratch Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The Packs will alternate. One will show the front of Ticket 001 and back of 125 while the other fold will show the back of Ticket 001 and front of 125.

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

J. Scratch Game Ticket, Scratch Ticket or Ticket - Texas Lottery "BREAK THE BANK" Scratch Ticket Game No. 2080.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "BREAK THE BANK" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 19 (nineteen) Play Symbols. If any of YOUR NUMBERS Play Symbols match any of the 3 LUCKY NUMBERS Play Symbols, the player wins the prize for that number. If a player reveals a "MONEY STACK" Play Symbol, the player wins 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 19 (nineteen) 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 19 (nineteen) 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 19 (nineteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 19 (nineteen) 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 within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.

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

C. A non-winning Prize Symbol will never match a winning Prize Symbol.

D. No matching LUCKY NUMBERS Play Symbols on a Ticket.

E. There will be no correlation between the matching Play Symbols and the prize amount.

F. The "MONEY STACK" (WIN) Play Symbol will never appear more than once on a Ticket.

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

H. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 02 and $2).

2.3 Procedure for Claiming Prizes.

A. To claim a "BREAK THE BANK" Scratch Ticket Game prize of $2.00, $4.00, $6.00, $8.00, $10.00, $12.00, $20.00, $50.00 or $200, 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 $50.00 or $200 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 "BREAK THE BANK" Scratch Ticket Game prize of $1,000, $3,000 or $30,000, 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 "BREAK THE BANK" 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 "BREAK THE BANK" 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 "BREAK THE BANK" 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 40,080,000 Scratch Tickets in Scratch Ticket Game No. 2080. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2080 - 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. 2080 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules. See 16 TAC §401.302(j).

6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 2080, 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-201801711

Bob Biard

General Counsel

Texas Lottery Commission

Filed: April 19, 2018


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/TargetedOccupations.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-201801834

Leslie Hardin

WFD Contracts Coordinator

Panhandle Regional Planning Commission

Filed: April 24, 2018


Public Utility Commission of Texas

Notice of Application for Sale, Transfer, or Merger

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on April 18, 2018, in accordance with the Texas Water Code.

Docket Style and Number: Application of Cyndie Park 2 Water Supply Corporation and Nueces Water Supply Corporation for Sale, Transfer, or Merger of Facilities and Certificate Rights in Nueces County, Docket Number 48296.

The Application: Cyndie Park 2 Water Supply Corporation and Nueces Water Supply Corporation filed an application for the sale, transfer, or merger of facilities and certificate rights in Nueces County. Specifically, Cyndie Park 2 Water Supply Corporation seeks to transfer a portion of its facilities and all of its water service area under certificate of convenience and necessity number 12100 to Nueces Water Supply Corporation. The transfer includes approximately 30.2 acres and 18 current customers.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the commission as soon as possible as an intervention deadline will be imposed. A comment or request to intervene should be mailed to Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. 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 Docket Number 48296.

TRD-201801728

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 20, 2018


Notice of Application for Service Area Exception

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on April 18, 2018, for a certificate of convenience and necessity service area exception within Scurry County.

Docket Style and Number: Application of Big Country Electric Cooperative, Inc. for a Certificate of Convenience and Necessity Service Area Exception in Scurry County. Docket Number 48295.

The Application: Big Country Electric Cooperative, Inc. filed an application for a service area exception to allow Big Country to provide service to a specific customer located within the certificated service area of Oncor Electric Delivery, LLC. Oncor has provided an affidavit of relinquishment for the proposed change.

Persons wishing to comment on the action sought or intervene should contact the commission no later than May 9, 2018, 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 comments should reference Docket Number 48295.

TRD-201801702

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 19, 2018


Notice of Application for Service Area Exception

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on April 20, 2018, for a certificate of convenience and necessity service area exception within Deaf Smith and Oldham Counties.

Docket Style and Number: Application of Deaf Smith Electric Cooperative, Inc. and Southwestern Public Service Company for a Certificate of Convenience and Necessity Service Area Exception in Deaf Smith and Oldham Counties. Docket Number 48301.

The Application: Deaf Smith Electric Cooperative, Inc. filed an application for a service area exception to allow Deaf Smith to provide service to a specific customer located within the certificated service area of Southwestern Public Service Company (SPS). SPS has provided an affidavit of relinquishment for the proposed change.

Persons wishing to comment on the action sought or intervene should contact the commission no later than May 11, 2018 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 comments should reference Docket Number 48301.

TRD-201801875

Andrea Gonzalez

Assistant Rules Coordinator

Public Utility Commission of Texas

Filed: April 25, 2018


Notice of Application to Amend a Service Provider Certificate of Operating Authority

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on April 17, 2018, in accordance with Public Utility Regulatory Act §§54.151 - 54.156.

Docket Title and Number: Application of MassComm, Inc. and Windstream Holdings, Inc. to Amend a Service Provider Certificate of Operating Authority, Docket No. 48257.

MassComm, Inc. and Windstream Holdings, Inc. seek approval to amend SPCOA 60904 to reflect a change in ownership and control. Applicants request an amendment to reflect a transfer of MassComm, Inc. to Windstream Holdings, Inc.

Persons wishing to 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 no later than May 19, 2018. 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 48257.

TRD-201801699

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 19, 2018


Notice of Application to Amend a 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 amend a water certificate of convenience and necessity (CCN) in McClennan and Falls Counties.

Docket Style and Number: Application of Levi Water Supply Corporation to Amend a Water Certificate of Convenience and Necessity in McLennan and Falls Counties, Docket Number 48299.

The Application: On April 19, 2018, Levi Water Supply Corporation filed an application to amend its water CCN No. 10018 in McLennan and Falls Counties. The total service area being requested includes approximately 843 acres and 167 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 48299.

TRD-201801816

Andrea Gonzalez

Assistant Rules Coordinator

Public Utility Commission of Texas

Filed: April 23, 2018


Notice of Application to Amend a 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 amend a water certificate of convenience and necessity (CCN) in Denton County.

Docket Style and Number: Application of Argyle Water Supply Corporation to Amend a Water Certificate of Convenience and Necessity in Denton County, Docket Number 48304.

The Application: On April 23, 2018, Argyle Water Supply Corporation filed an application to amend its water CCN No. 10199 in Denton County. The total service area being requested includes approximately 170 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 48304.

TRD-201801873

Andrea Gonzalez

Assistant Rules Coordinator

Public Utility Commission of Texas

Filed: April 25, 2018


Notice of Application to Amend Water and Sewer Certificates of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on April 17, 2018, to amend water and sewer certificates of convenience and necessity.

Docket Style and Number: Application of Utilities Investment Company, Inc. to Amend Certificates of Convenience and Necessity in Liberty County, Docket Number 48272.

The Application: Utility Investments Company, Inc. filed an application to amend certificates of convenience and necessity numbers 12671 and 20765 in Liberty County. The total area being requested includes approximately 4,394 acres and no 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 48272.

TRD-201801698

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: April 19, 2018


Notice of Petition for Declaratory Order

Notice is given to the public of a petition for a declaratory order filed with the Public Utility Commission of Texas (commission) on April 19, 2018.

Docket Style and Number: Commission Staff's Petition for a Declaratory Order Interpreting 16 Texas Administrative Code §25.181, Docket Number 48297.

The Petition: Commission Staff filed a petition for a declaratory order from the Commission interpreting 16 Texas Administrative Code §25.181 regarding the correct way to calculate the energy efficiency performance bonus for utilities that have exceeded their energy efficiency goals for the previous program year without exceeding the cost caps established under the rule.

Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas 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. The deadline for intervention in this proceeding is May 11, 2018. 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 48297.

TRD-201801772

Andrea Gonzalez

Assistant Rules Coordinator

Public Utility Commission of Texas

Filed: April 23, 2018


Rolling Plains Management Corporation

Request for Proposal for Energy Brokers

Rolling Plains Management Corporation is soliciting proposals for Energy Brokers.

Information may be obtained by visiting Rolling Plains Management Corporation's website www.rollingplains.org and going to the Opportunities tab.

TRD-201801696

Mark Halsell

Deputy Director

Rolling Plains Management Corporation

Filed: April 18, 2018


Supreme Court of Texas

In the Supreme Court of Texas (.pdf)

TRD-201801763

Jaclyn Lynch

Rules Attorney

Supreme Court of Texas

Filed: April 20, 2018


Texas Department of Transportation

Public Notice - Aviation

Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.

For information regarding actions and times for aviation public hearings, please go to the following website:

www.txdot.gov/inside-txdot/get-involved/about/hearings-meetings.html

Or visit www.txdot.gov, and under How Do I, choose Find Hearings and Meetings, then choose Hearings and Meetings, and then choose Schedule.

Or contact Texas Department of Transportation, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4500 or (800) 68-PILOT.

TRD-201801674

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: April 18, 2018