Texas State Affordable Housing Corporation
The Texas State Affordable Housing Corporation (the "Corporation"), a nonprofit corporation organized under the laws of the State of Texas, is implementing a qualified mortgage credit certificate program (the "Program") within the State of Texas (the "Program Area") to assist eligible purchasers. A Mortgage Credit Certificate ("MCC") is an instrument designed to assist persons better afford home ownership. The MCC Program allows first-time homebuyers an annual federal income tax credit equal to the 20% credit rate for the MCC multiplied by the amount of interest paid by the holder on a home mortgage loan during each year that they occupy the home as their principal residence.
An eligible purchaser of a residence located within the Program Area may apply to the Corporation for an MCC through a participating lender of his or her choice at the time of purchasing a principal residence and obtaining a mortgage loan from a participating lender.
To be an eligible purchaser to receive an MCC, a purchaser must meet the following criteria:
Be one of the following:
A person living in Texas whose annual household income does not exceed 100% of area median family income ("AMFI") (for families of two persons or less) or 115% of AMFI (for families of three or more persons); or
A full-time Texas classroom teacher, teacher's aide, school librarian, school nurse, school counselor, or an allied health or nursing faculty member whose annual family income does not exceed 100% of AMFI (for families of two persons or less) or 115% of AMFI (for families of three or more persons); or
A full-time paid fire fighter, peace officer, corrections officer, juvenile corrections officer, county jailer, EMS personnel, veteran, or public security officer, working in the State of Texas whose annual family income does not exceed 100% of AMFI (for families of two persons or less) or 115% of AMFI (for families of three or more persons).
Visit www.tsahc.org for a more complete description of the maximum income limits.
The applicant for the MCC cannot have had an ownership interest in his or her principal residence during the three-year period ending on the date the mortgage loan is obtained.
The applicant must intend to occupy the residence with respect to which the MCC is obtained as his or her principal residence within 60 days after the MCC is issued. The MCC issued to an applicant will be revoked if the residence to which the MCC relates ceases to be occupied by the applicant as his or her principal residence.
The MCC cannot be issued to an applicant in conjunction with the replacement or refinancing of an existing mortgage loan. The MCC can, however, be obtained in conjunction with the replacement of a construction period or bridge loan having a term of less than 24 months.
Federal law imposes limitations on the purchase price of homes financed under the program. These limitations are periodically adjusted. Visit www.tsahc.org to view the current maximum purchase prices allowed. Two-family, three-family and four-family residences are also eligible, provided that one of the units will be occupied by the mortgagor as his or her principal residence and that the residence was first occupied for residential purposes at least five years prior to the closing of the mortgage.
Anyone receiving an MCC and selling his or her residence within nine years of the issuance of the MCC may be required to return all or a portion of the tax credit received in connection therewith to the Internal Revenue Service.
To defray the costs of implementing the Program, the Corporation will charge applicants a compliance fee, plus an MCC issuance fee.
The Corporation strongly encourages anyone who believes that he or she qualifies for an MCC to apply at the offices of a participating lender. For more information regarding the Program and its restrictions, including a list of current participating lenders, please contact Joniel LeVecque, Senior Single Family Director, at (512) 477-3561 or by email at jlevecque@tsahc.org.
TRD-202303018
David Long
President
Texas State Affordable Housing Corporation
Filed: August 16, 2023
Texas Water Code Settlement Notice
The State of Texas gives notice of the following proposed resolution of an environmental enforcement action under the Texas Water Code. Before the State may enter into a voluntary settlement agreement, pursuant to section 7.110 of the Texas Water Code, the State shall permit the public to comment in writing. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreement if the comments disclose facts or considerations indicating that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the law.
Case Title and Court: State of Texas v. EE-TDF Cleveland, LLC; Cause No. D-1-GN-22-004903, in the 459th Judicial District Court, Travis County, Texas.
Background: Defendant EE-TDF Cleveland, LLC ("the Defendant") operated an unauthorized scrap tire storage site and processing facility located in Cleveland, Texas. The State filed an environmental enforcement action on behalf of the Texas Commission on Environmental Quality against the Defendant for violating an administrative order and scrap tire regulations. Specifically, the Defendant failed to (1) cease storing additional scrap tires on the site without authorization, (2) renew its registration, (3) maintain the scrap tire site in compliance with health and safety regulations, (4) maintain and make available registration and supporting data documents, and (5) certify that it complied with the administrative order.
Proposed Settlement: The parties propose an Agreed Final Judgment and Permanent Injunction which provides an award to the State of $150,000 in civil penalties, $116,963 in unpaid administrative penalties, $35,000 in attorney's fees, and post-judgment interest. The Permanent Injunction requires the Defendant to register the site and comply with scrap tire regulations.
For a complete description of the proposed settlement, the Agreed Final Judgment and Permanent Injunction should be reviewed in its entirety. Requests for copies of the proposed judgment and settlement, and written comments on the same, should be directed to Roel Torres, Assistant Attorney General, Office of the Attorney General of Texas, P.O. Box 12548, MC-066, Austin, Texas 78711-2548; (512) 463-2012; facsimile (512) 320-0911; email: roel.torres@oag.texas.gov. Written comments must be received within 30 days pf publication of this notice to be considered.
TRD-202303073
Austin Kinghorn
General Counsel
Office of the Attorney General
Filed: August 21, 2023
Request for Applications for Transportation Assistance Services (RFA No. 23-11)
Workforce Solutions Coastal Bend (WFSCB) is soliciting Applications from qualified entities to provide transportation services to WFSCB customers who are eligible for pick-up and drop-off services to training facilities and worksites in the Coastal Bend Region. The Coastal Bend Region includes the following eleven (11) counties: Aransas, Bee, Brooks, Duval, Jim Wells, Kleberg, Kenedy, Live Oak, Nueces, Refugio and San Patricio. Qualified entities who can provide transportation services in one or more of these counties are eligible to apply.
The initial contract will be awarded for a period not to exceed twelve (12) months ending on September 30, 2024. The contract may be renewed for three (3) additional one-year periods beyond the original acceptance award for a total not to exceed four (4) years.
The RFA will be available on Monday, August 28, 2023, at 2:00 p.m. Central Time and can be accessed on our website at: https://www.workforcesolutionscb.org/about-us/procurement-opportunities/ or by contacting Esther Velazquez at (361) 885-3013 or esther.velazquez@workforcesolutionscb.org.
Applications will be accepted through Monday, October 2, 2023, at 4:00 p.m. Central Time. Responses should be submitted via email to esther.velazquez@workforcesolutionscb.org or may be hand delivered or mailed to: Workforce Solutions Coastal Bend, 400 Mann Street, Suite 800, Corpus Christi, Texas 78401.
Workforce Solutions Coastal Bend is an Equal Opportunity Employer/Program. Auxiliary aids and services are available upon request to individuals with disabilities. Relay Texas: 1 (800) 735-2989 (TDD) and 1 (800) 735-2988 or 711 (Voice). Historically Underutilized Businesses (HUBs) are encouraged to apply.
Este documento contiene información importante sobre los requisitos, los derechos, las determinaciones y las responsabilidades del acceso a los servicios del sistema de la fuerza laboral. Hay disponibles servicios de idioma, incluida la interpretación y la traducción de documentos, sin ningún costo y a solicitud.
TRD-202303079
Amy Kiddy Villarreal
Chief Operating Officer
Coastal Bend Workforce Development Board
Filed: August 21, 2023
Certification of the Average Closing Price of Gas and Oil - July 2023
The Comptroller of Public Accounts, administering agency for the collection of the Oil Production Tax, has determined, as required by Tax Code, §202.058, that the average taxable price of oil for reporting period July 2023 is $46.72 per barrel for the three-month period beginning on April 1, 2023, and ending June 30, 2023. Therefore, pursuant to Tax Code, §202.058, oil produced during the month of July 2023, from a qualified low-producing oil lease, is not eligible for credit on the oil production tax imposed by Tax Code, Chapter 202.
The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined, as required by Tax Code, §201.059, that the average taxable price of gas for reporting period July 2023 is $1.18 per mcf for the three-month period beginning on April 1, 2023, and ending June 30, 2023. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of July 2023, from a qualified low-producing well, is eligible for a 100% credit on the natural gas production tax imposed by Tax Code, Chapter 201.
The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of West Texas Intermediate crude oil for the month of July 2023 is $76.03 per barrel. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall not exclude total revenue received from oil produced during the month of July 2023, from a qualified low-producing oil well.
The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of gas for the month of July 2023 is $2.64 per MMBtu. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall exclude total revenue received from gas produced during the month of July 2023, from a qualified low-producing gas well.
Inquiries should be submitted to Jenny Burleson, Director, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.
This agency hereby certifies that legal counsel has reviewed this notice and found it to be within the agency's authority to publish.
Issued in Austin, Texas, on August 23, 2023.
TRD-202303126
Jenny Burleson
Director, Tax Policy
Comptroller of Public Accounts
Filed: August 23, 2023
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 08/28/23 - 09/03/23 is 18% for consumer1 credit.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/28/23 - 09/03/23 is 18% for commercial2 credit.
1 Credit for personal, family, or household use.
2 Credit for business, commercial, investment, or other similar purpose.
TRD-202303105
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: August 23, 2023
Request for Applications: TCDD Capacity Building for Statewide Self-Advocacy Networks
The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for activities to build the organizational capacity of self-advocacy organizations to become more established in their communities, create partnerships, conduct formal activities, and ultimately expand their role and impact statewide. Applicants will identify and achieve major activities that will put self-advocate members in a position to network across communities and expand capacity to conduct additional activities and/or grants. Applications must be submitted by a group led by self-advocates.
TCDD has approved funding for one organization for up to three years. Funding is approved for up to $175,000 for Year 1, up to $125,000 for Year 2, and up to $75,000 for Year 3. Funds available for this project are provided to TCDD by the Administration for Community Living (ACL), U.S. Department of Health and Human Services, with 100% federal funding pursuant to the Developmental Disabilities Assistance and Bill of Rights Act. Funding for the project is dependent on the results of a review process established by TCDD and on the availability of funds. Non-federal matching funds of at least 25% of total project costs are required for projects. Non-federal matching funds at a reduced rate of 10% of the total project costs are required for project activities conducted in federally designated poverty areas.
Additional information concerning this Request for Applications (RFA) and TCDD is available at https://tcdd.texas.gov/grants-rfas/funding-available-for-grants/. All questions pertaining to this RFA should be directed in writing to TCDD via email at apply@tcdd.texas.gov or via telephone at (512) 437-5432.
Deadline: Proposals must be submitted through https://tcdd.smapply.org/prog/lst/. Proposals are due by 11:59 p.m. on September 29, 2023. Proposals will not be accepted outside of these due dates.
TRD-202303120
Beth Stalvey
Executive Director
Texas Council for Developmental Disabilities
Filed: August 23, 2023
Filing Authority. Texas Education Code, §12.255
The Texas Education Agency (TEA) published Request for Applications (RFA) Concerning Subchapter G Adult Education Charter Application (RFA #701-24-108) in the August 18, 2023 issue of the Texas Register (48 TexReg 4535).
TEA is amending the release date of the application (RFA #701-24-108). It will now be available to the public on August 25, 2023. Please visit the Charter School Applicants website at https://tea.texas.gov/texas-schools/texas-schools-charter-schools/charter-school-applicants or email charterapplication@tea.texas.gov for more information.
Issued in Austin, Texas, on August 23, 2023.
TRD-202303123
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Filed: August 23, 2023
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 October 3, 2023. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on October 3, 2023. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission's enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the AOs shall be submitted to the commission in writing.
(1) COMPANY: Anthor INCORPORATED; DOCKET NUMBER: 2022-1365-WQ-E; IDENTIFIER: RN111547998; LOCATION: Abilene, Taylor County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain authorization to discharge stormwater associated with construction activities; PENALTY: $875; ENFORCEMENT COORDINATOR: Kolby Farren, (512) 239-2098; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(2) COMPANY: CMPW PROPERTIES LLC; DOCKET NUMBER: 2022-1413-WQ-E; IDENTIFIER: RN111515896; LOCATION: Mineola, Wood County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain authorization to discharge stormwater associated with construction activities; PENALTY: $875; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5865; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(3) COMPANY: Dean Word Company, Ltd.; DOCKET NUMBER: 2021-0627-EAQ-E; IDENTIFIER: RN102870367; LOCATION: New Braunfels, Comal County; TYPE OF FACILITY: quarrying, aggregate production, and asphalt manufacturing site; RULES VIOLATED: 30 TAC §213.4(j)(6) and Edwards Aquifer Protection Plan (EAPP) Number 13-00111503B, Standard Conditions Number 5, by failing to obtain approval of a modification to an approved Edwards Aquifer Aboveground Storage Tank System Facility Plan prior to initiating a regulated activity over the Edwards Aquifer Recharge Zone; and 30 TAC §213.5(b)(4)(D)(ii)(II) and EAPP Number 13-00111503B, by failing to ensure that the permanent best management practices are constructed and function as designed; PENALTY: $9,400; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 492-3096.
(4) COMPANY: Freeport LNG Development, L.P.; DOCKET NUMBER: 2022-0031-AIR-E; IDENTIFIER: RN103196689; LOCATION: Quintana, Brazoria County; TYPE OF FACILITY: natural gas liquefaction plant; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), New Source Review Permit Number 100114, Special Conditions Number 1, Federal Operating Permit Number O2878, General Terms and Conditions and Special Terms and Conditions Number 13, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $42,600; ENFORCEMENT COORDINATOR: Johnnie Wu, (512) 239-2524; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(5) COMPANY: J&L Imperium Industries Limited Liability Company; DOCKET NUMBER: 2022-0884-WQ-E; IDENTIFIER: RN111081162; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: concrete batch plant; RULES VIOLATED: 30 TAC §305.125(1) and (17) and §319.7(d) and Expired Texas Pollutant Discharge Elimination System Permit Number TXG112689, Part III, Section A, Permit Conditions Numbers 1 and 2 and Part IV, Standard Permit Conditions Number 7.f, by failing to timely submit monitoring results at intervals specified in the permit; PENALTY: $1,312; ENFORCEMENT COORDINATOR: Heather Lancour, (806) 468-0507; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: JAMES, BRIAN A; DOCKET NUMBER: 2022-1360-WOC-E; IDENTIFIER: RN106149479; LOCATION: Rotan, Fisher County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: Taylor Williamson, (512) 239-2097; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(7) COMPANY: Raaz Global, LLC dba Pick and Go ; DOCKET NUMBER: 2022-1432-PST-E; IDENTIFIER: RN103000592; LOCATION: North Richland Hills, Tarrant County; TYPE OF FACILITY: gas station; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tank in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Monica Larina, (512) 239-0184; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: Stonetown Pleasant Oaks, LLC; DOCKET NUMBER: 2021-0835-MWD-E; IDENTIFIER: RN102095106; LOCATION: Joshua, Johnson County; TYPE OF FACILITY: wastewater treatment; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0014556002, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $30,000; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5865; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(9) COMPANY: Terry Lee Humphrey dba Parkway Gas N Go; DOCKET NUMBER: 2022-0046-PST-E; IDENTIFIER: RN101757482; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.42(i) and §334.51(a)(6), and TWC, §26.3475(c)(2), by failing to inspect all sumps, manways, overspill containers, or catchment basins associated with an underground storage tank (UST) system at least once every 60 days to ensure that their sides, bottoms, and any penetration points are maintained liquid-tight, and failing to ensure that all installed spill and overfill prevention devices are maintained in good operating condition; and 30 TAC §334.48(c) and §334.50(d)(1)(B), and TWC, §26.3475(c)(1), by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances used as motor fuel; PENALTY: $4,476; ENFORCEMENT COORDINATOR: Horus Garcia, (512) 239-1813; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.
(10) COMPANY: Texas Health Presbyterian Hospital Denton dba Denton Community Hospital; DOCKET NUMBER: 2022-0952-PST-E; IDENTIFIER: RN101559201; LOCATION: Denton, Denton County; TYPE OF FACILITY: hospital; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tank for releases in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-202303086
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: August 22, 2023
An agreed order was adopted regarding BOBCAT TRUCKING, INC., Docket No. 2021‑1574‑EAQ‑E on August 22, 2023 assessing $2,300 in administrative penalties with $460 deferred. Information concerning any aspect of this order may be obtained by contacting Katy Montgomery, 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 PILOT TRAVEL CENTERS LLC, Docket No. 2021‑1590‑MWD‑E on August 22, 2023 assessing $6,750 in administrative penalties with $1,350 deferred. Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, 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 MVP Players, LLC, Docket No. 2022‑0190‑WR‑E on August 22, 2023 assessing $450 in administrative penalties with $90 deferred. Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, 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 Maverick Travel Center, LP, Docket No. 2022‑0361‑PST‑E on August 22, 2023 assessing $4,288 in administrative penalties with $857 deferred. Information concerning any aspect of this order may be obtained by contacting Ken Moller, 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 TRISTAR RETAILERS INC dba Als Crossroad Burleson, Docket No. 2022‑0426‑PST‑E on August 22, 2023 assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Mark Gamble, 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 Duran Apartment Management Inc, Docket No. 2022‑0705‑PWS‑E on August 22, 2023 assessing $4,550 in administrative penalties with $910 deferred. Information concerning any aspect of this order may be obtained by contacting Miles Wehner, 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 The Consolidated Water Supply Corporation, Docket No. 2022‑1240‑UTL‑E on August 22, 2023 assessing $1,250 in administrative penalties with $250 deferred. Information concerning any aspect of this order may be obtained by contacting Nick Lohret‑Froio, 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 H & L NEW GULF, INC., Docket No. 2022‑1341‑UTL‑E on August 22, 2023 assessing $500 in administrative penalties with $100 deferred. Information concerning any aspect of this order may be obtained by contacting Claudia Bartley, 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 South Kirbyville Rural Water Supply Corporation, Docket No. 2022‑1400‑UTL‑E on August 22, 2023 assessing $500 in administrative penalties with $100 deferred. Information concerning any aspect of this order may be obtained by contacting Miles Wehner, 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 Texas Water Systems, Inc., Docket No. 2022‑1472‑UTL‑E on August 22, 2023 assessing $1,020 in administrative penalties with $204 deferred. Information concerning any aspect of this order may be obtained by contacting Miles Caston, 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 James E. Danning dba North Whispering Meadows Water and Christel L. Danning dba North Whispering Meadows Water, Docket No. 2022‑1497‑UTL‑E on August 22, 2023 assessing $625 in administrative penalties with $125 deferred. Information concerning any aspect of this order may be obtained by contacting Aaren Owens, 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 Manuel Izaguirre, Trustee of the Izaguirre Generation Skipping Trust dba Sunset View Estates, Docket No. 2022‑1556‑UTL‑E on August 22, 2023 assessing $500 in administrative penalties with $100 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 Clariant Corporation, Docket No. 2023‑0025‑AIR‑E on August 22, 2023 assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Desmond Martin, 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 1 Source Water Wells And Septics Llc, Docket No. 2023‑0153‑WR‑E on August 22, 2023 assessing $350 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Ellen Ojeda, 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 HGS INTERNATIONAL LLC dba Bread & Butter Stop, Docket No. 2023‑0171‑PST‑E on August 22, 2023 assessing $3,494 in administrative penalties with $698 deferred. Information concerning any aspect of this order may be obtained by contacting Tiffany Chu, 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 BPX Operating Company, Docket No. 2023‑0278‑AIR‑E on August 22, 2023 assessing $3,538 in administrative penalties with $707 deferred. Information concerning any aspect of this order may be obtained by contacting Johnnie Wu, 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 Daingerfield Country Club LLC., Docket No. 2023‑0514‑WR‑E on August 22, 2023 assessing $875 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Katy Montgomery, 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 Andrews Logistics Texas, L.P., Docket No. 2023‑0672‑WQ‑E on August 22, 2023 assessing $875 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Mistie Gonzales, 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 Tonys Concrete Work, LLC, Docket No. 2023‑0676‑WQ‑E on August 22, 2023 assessing $875 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Mistie Gonzales, 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 Gary Crowell, Docket No. 2023‑0733‑WOC‑E on August 22, 2023 assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Miles Caston, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
TRD-202303113
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 23, 2023
Notices Issued August 17, 2023
Chevron U.S.A. Inc., Applicant, 6401 Deauville Blvd, Midland, Texas 79706, has applied for a Temporary Water Use Permit to use the bed and banks of an unnamed tributary of Socagee Creek, Sabine River Basin, to convey 6,400 acre-feet of contracted surface water for subsequent diversion and use for mining purposes in Panola County. More information on the application and how to participate in the permitting process is given below.
The application and fees were received on November 18 and 22, 2022. Additional information was received on January 10, 2023. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on January 20, 2023.
The Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would include special conditions, including, but not limited to, the installation of measuring devices at the discharge and diversion locations. The application, technical memoranda, and Executive Director's draft permit are available for viewing on the TCEQ web page at: https://www.tceq.texas.gov/permitting/water_rights/wr-permitting/view-wr-pend-apps. Alternatively, you may request a copy of the documents by contacting the TCEQ Office of the Chief Clerk by phone at (512) 239-3300 or by mail at TCEQ OCC, Notice Team (MC-105), P.O. Box 13087, Austin, Texas 78711.
Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by September 19, 2023. A public meeting is intended for the taking of public comment and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.
The TCEQ may grant a contested case hearing on this application if a written hearing request is filed by September 19, 2023. The Executive Director may approve the application unless a written request for a contested case hearing is filed by September 19, 2023.
To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions for the requested permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments, or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at https://www14.tceq.texas.gov/epic/eComment/ by entering WRTP 13886 in the search field. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address.
For additional information, individual members of the general public may contact the Public Education Program at (800) 687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040 o por el internet al http://www.tceq.texas.gov.
TRD-202303111
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 23, 2023
Notices Issued August 22, 2023
LBC Houston, L.P., 11666 Port Road Seabrook, Texas 77586-1603, Applicant, seeks authorization to divert and use 169 acre-feet of water per year from two points on the Bayport Turning Basin, San Jacinto-Brazos Coastal Basin, for industrial purposes in Harris County. More information on the application and how to participate in the permitting process is given below.
The application was received on October 20, 2021. Additional information and fees were received on December 13, 14 and 15, 2021. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on December 21, 2021. The Executive Director has completed the technical review of the application and prepared a draft permit. The draft Water Use Permit, if granted, would contain a special condition requiring the installation of screens at the diversion structure(s). The application, technical memoranda, and Executive Director's draft permit are available for viewing on the TCEQ web page at: https://www.tceq.texas.gov/permitting/water_rights/wr-permitting/view-wr-pend-apps. Alternatively, you may request a copy of the documents by contacting the TCEQ Office of the Chief Clerk by phone at (512) 239-3300 or by mail at TCEQ OCC, Notice Team (MC-105), P.O. Box 13087, Austin, Texas 78711.
Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.
The TCEQ may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this notice.
To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions for the requested amendment which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the amendment and will forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments, or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at https://www14.tceq.texas.gov/epic/eComment/ by entering WRPERM 13815 in the search field. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Public Education Program at (800) 687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040 o por el internet al http://www.tceq.texas.gov.
TRD-202303112
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 23, 2023
APPLICATION. Marcelos LP, PO Box 19415, Austin, Texas 78760-9415 has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit, Registration Number 172238, which would authorize construction of a permanent rock and concrete crusher. The facility is proposed to be located at 8811 Hergotz Lane, Austin, Travis County, Texas 78742. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. https://gisweb.tceq.texas.gov/LocationMapper/?marker=-97.660147,30.23473&level=13. This application was submitted to the TCEQ on March 27, 2023. The executive director has determined the application was technically complete on April 10, 2023.
CENTRAL/REGIONAL OFFICE. The application will be available for viewing and copying at the TCEQ Central Office and the TCEQ Austin Regional Office, located at 12100 Park 35 Circle Building A Room 179, Austin, Texas 78753-1808, during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday.
INFORMATIONAL MEETING. The TCEQ will conduct an informational meeting to answer questions and discuss the application. Formal comments will not be taken at the informational meeting. The meeting will be held:
Tuesday, September 26, 2023 at 7:00 p.m.
VFW Post 8925
8706 FM 812
Austin, Texas 78719
INFORMATION. For more information about this permit application or the permitting process, please call the Public Education Program toll free at (800) 687-4040. General information can be found at our web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.
Further information may also be obtained from Marcelos LP, P.O. Box 19415, Austin, Texas 78760-9415, or by calling Mr. Paul W Henry PE, Henry Environmental Services, Engineer at (512) 281-6555.
Persons with disabilities who need special accommodations at the meeting should call the Office of the Chief Clerk at (512) 239-3300 or (800) RELAY-TX (TDD) at least five business days prior to the meeting.
Notice Issuance Date: August 22, 2023
TRD-202303114
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 23, 2023
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Order (AO) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AO, the commission shall allow the public an opportunity to submit written comments on the proposed AO. 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 October 3, 2023. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of the 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 October 3, 2023. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, TWC, §7.075, provides that comments on an AO shall be submitted to the commission in writing.
(1) COMPANY: Josh R. Bratcher, Trustee of Walter and Deloris Bratcher Family Trust; Heath R. Bratcher, Trustee of Walter and Deloris Bratcher Family Trust; and Waldo's Store, LLC; DOCKET NUMBER: 2021-0512-PWS-E; TCEQ ID NUMBER: RN102317682; LOCATION: 23682 West United States Highway 290, Harper, Gillespie County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(m)(4), by failing to maintain all water treatment units, storage and pressure maintenance facilities, distribution system lines, and related appurtenances in a watertight condition and free of excessive solids; 30 TAC §290.41(c)(3)(B), by failing to provide a well casing a minimum of 18 inches above the elevation of the finished floor of the pump house or natural ground surface; 30 TAC §290.110(e)(4)(B), by failing to retain the Disinfection Level Quarterly Operating Reports and provide a copy if requested by the executive director; Texas Health and Safety Code (THSC), §341.0351 and 30 TAC §290.39(j)(1)(A), by failing to notify the commission prior to making any significant change or addition where the change in the existing distribution system results in an increase or decrease in production, treatment, storage, or pressure maintenance capacity; 30 TAC §290.41(c)(3)(C), by failing to seal the space between the casing and drill hole by using enough cement under pressure to completely fill and seal the annular space between the well casing and the drill hole; 30 TAC §290.46(n)(1), by failing to maintain at the public water system accurate and up-to-date detailed as built plans or record drawings and specifications for each treatment plant, pump station, and storage tank until the facility is decommissioned; 30 TAC §290.41(c)(1)(A), by failing to locate the facility's well at least 150 feet away from septic tank perforated drain fields, areas irrigated by low dosage, low angle on-site sewage facilities, absorption beds, evapotranspiration beds, improperly constructed water wells, or underground petroleum and chemical storage tanks or liquid transmission pipelines; THSC, §341.0315(c) and 30 TAC §290.45(d)(2)(A)(ii), by failing to provide a minimum pressure tank capacity of at least 220 gallons; and 30 TAC §290.41(c)(1)(F), by failing to obtain a sanitary control easement covering land within 150 feet of the facility's well; PENALTY: $3,950; STAFF ATTORNEY: Benjamin Warms, Litigation, MC 175, (512) 239-5144; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
TRD-202303093
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: August 22, 2023
The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment "Sunset Management Recommendation 1.2: Commission Vote on Acceptable Level of Health-Based Risk" (Acceptable Risk Level Proposal).
The Acceptable Risk Level Proposal describes the basis for TCEQ's Toxicology, Risk Assessment, and Research Division's proposal to use 1 in 100,000, or 1 x 10-5, as a target cancer risk level in setting screening levels for use in TCEQ's air permitting program and for comparison to ambient air monitoring data. TCEQ hereby provides the Acceptable Risk Level Proposal for a 30-day public review and comment period.
After the public comment period, TCEQ may revise the draft Acceptable Risk Level Proposal, if appropriate. The final Acceptable Risk Level Proposal will then be considered by the commission for approval. Upon approval of the draft Acceptable Risk Level Proposal by the commission, the final Acceptable Risk Level Proposal and a response to all comments received will be made available on TCEQ's website.
Written comments may be submitted to Gwen Ricco, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to fax4808@tceq.texas.gov. Electronic comments may be submitted at: https://tceq.commentinput.com/. File size restrictions may apply to comments being submitted via the TCEQ Public Comment system. All written comments must be received at TCEQ by 11:59 p.m. on October 3, 2023, and should reference "Sunset Management Recommendation 1.2: Commission Vote on Acceptable Level of Health-Based Risk" or "Acceptable Risk Level Proposal."
The draft Acceptable Risk Level Proposal can be obtained via TCEQ's website at: https://www.tceq.texas.gov/toxicology. For further information regarding the draft Acceptable Risk Level Proposal, please contact Dr. Sabine Lange at Sabine.Lange@tceq.texas.gov.
TRD-202303054
Charmaine Backens
Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: August 18, 2023
The following notice was issued on August 18, 2023:
The following notice does not require publication in a newspaper. Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087 WITHIN (30) DAYS FROM THE DATE THIS NOTICE IS PUBLISHED IN THE TEXAS REGISTER.
INFORMATION SECTION
City of Hutto has applied for a minor amendment to Texas Pollutant Discharge Elimination System Permit No. WQ0011324002 to authorize a revision to the permitted flows for the Interim I and Interim II phases, reduce the 2 hr peak flow in the Final phase, and include a peracetic acid disinfection system for the Interim I phase only. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 15,500,000 gallons per day. The facility is located at 10700 Farm-to-Market Road 1660, in Williamson County, Texas 78634.
TRD-202303110
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 23, 2023
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on August 18, 2023, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. A S K C-Stores, Inc. dba Amigo Mart, LLC; SOAH Docket No. 582-22-08384; TCEQ Docket No. 2020-0255-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against A S K C-Stores, Inc. dba Amigo Mart, LLC on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Mehgan Taack, Office of the Chief Clerk, (512) 239-3300.
TRD-202303109
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: August 23, 2023
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 26. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of August 14, 2023 to August 18, 2023. 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 §§30.20(f), 30.30(h), and 30.40(e), 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, August 25, 2023. The public comment period for this project will close at 5:00 p.m. on Sunday, September 24, 2023.
Federal License and Permit Activities:
Applicant: Shelley Godby
Location: The project site is located in Laguna Madre, at 200 and 202 West Saturn Lane, in South Padre Island, Cameron County, Texas 78597.
Latitude and Longitude: 26.117361, -97.17122
Project Description: The applicant proposes to develop a single-family, three-story residence. The driveway, garage, and staircase would permanently impact 0.005 acre of wetlands.
The applicant has stated that they have avoided and minimized the environmental impacts by building the majority of the house on upland areas. The upper stories have been designed to allow water, air, and sunlight to naturally move through the area. No mitigation is proposed.
Type of Application: U.S. Army Corps of Engineers permit application # SWG-2021-00597. 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: 23-1351-F1
Applicant: Kinder Morgan Liquids Terminal, LLC
Location: The project site is located in the Houston Ship Channel, at 906 Clinton Drive, in Galena Park, Harris County, Texas 77547.
Latitude and Longitude: 29.726279, -95.223033
Project Description: The applicant proposes a modification to previously authorized Permit SWG-2008-00319. Such activities include the discharge of approximately 13,325 cubic yards (0.04 acre) of clean back-fill material below the mean high water (MHW) line and within open water areas associated with the installation of an approximate 631-linear-foot, sheet pile bulkhead wall, supported by batter piles. Piles will be driven from a barge mounted pile driving hammer stationed directly in front of the existing bulkhead wall. The applicant is not proposing mitigation for the project as proposed.
Type of Application: U.S. Army Corps of Engineers permit application # SWG-2008-00319. 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: 23-1359-F1
Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from the Texas General Land Office Public Information Officer at 1700 N. Congress Avenue, Austin, Texas 78701, or via email at pialegal@glo.texas.gov. Comments should be sent to the Texas General Land Office Coastal Management Program Coordinator at the above address or via email at federal.consistency@glo.texas.gov.
TRD-202303085
Mark Havens
Chief Clerk
General Land Office
Filed: August 22, 2023
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on September 15, 2023, at 9:00 a.m. to receive public comments on proposed Reimbursement for Federal Substance Abuse Prevention and Treatment Block Grant Services in accordance with 2024-25 General Appropriations Act, H.B. 1, 88th Legislature, Regular Session, 2023 (Article II, HHSC, Rider 53).
This hearing will be conducted both in-person and as an online event. To join the hearing from your computer, tablet, or smartphone, register for the hearing in advance using the following link:
Registration URL: https://attendee.gotowebinar.com/register/3242245818882221144
After registering, you will receive a confirmation email containing information about joining the webinar.
Members of the public may attend the rate hearing in person, which will be held in the Public Hearing Room 1.401 in the North Austin Complex Building, 4601 W. Guadalupe St. Austin, Texas, or they may access a live stream of the meeting at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings. For the live stream, select the "North Austin Complex Live" tab. A recording of the hearing will be archived and accessible on demand at the same website under the "Archived" tab. The hearing will be held in compliance with Texas Human Resources Code section 32.0282, which requires public notice of and hearings on proposed reimbursements.
Proposal. HHSC proposes rate actions for BHS SUD Services.
Methodology and Justification. The 2024-25 General Appropriations Act, H.B. 1, 88th Legislature, Regular Session, 2023 (Article II, HHSC, Rider 53) requires the Health and Human Services Commission (HHSC) to evaluate the rate setting methodology for services reimbursable to grant recipients of the federal SABG funds and to propose reimbursement rates for these services no later than October 1, 2023, in a format that will enable HHSC to receive public comments on the proposed rates.
Briefing Package. A briefing package describing the proposed payment rates will be available at https://pfd.hhs.texas.gov/rate-packets no later than September 1, 2023. Interested parties may obtain a copy of the briefing package before the hearing by contacting the HHSC Provider Finance Department by telephone at (737) 867-7817; by fax at (512) 730-7475; or by email at PFD LTSS@hhs.texas.gov. The briefing package will also be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted instead of, or in addition to, oral testimony until 5:00 p.m. on the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Provider Finance Department, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Provider Finance at (512) 730-7475; or by email to PFD LTSS@hhs.texas.gov. In addition, written comments may be sent by overnight mail or hand delivered to the Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, North Austin Complex, 4601 W. Guadalupe St., Austin, Texas 78751.
Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact the HHSC Provider Finance Department by calling (512) 730-7401 at least 72 hours before the hearing so appropriate arrangements can be made.
TRD-202303107
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Filed: August 23, 2023
Licensing Actions for Radioactive Materials (.pdf)
TRD-202303006
Cynthia Hernandez
General Counsel
Department of State Health Services
Filed: August 16, 2023
TRD-202303007
Cynthia Hernandez
General Counsel
Department of State Health Services
Filed: August 16, 2023
Application to do business in the state of Texas for Pacific Compensation Insurance Company, a foreign fire and/or casualty company. The home office is in Westlake Village, California.
Application for American Country Insurance Company, a foreign life, accident and/or health company, to change its name to Curative Insurance Company of Illinois. The home office is in Orland Park, Illinois.
Application for incorporation in the state of Texas for Amherst Specialty Insurance Company, a domestic surplus lines company. The home office is in Addison, Texas.
Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of John Carter, 1601 Congress Ave., Suite 6.900, Austin, Texas 78711.
TRD-202303119
Justin Beam
Chief Clerk
Texas Department of Insurance
Filed: August 23, 2023
Scratch Ticket Game Number 2526 "777 MULTIPLIER"
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2526 is "777 MULTIPLIER". The play style is "key number match".
1.1 Price of Scratch Ticket Game.
A. The price for Scratch Ticket Game No. 2526 shall be $5.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2526.
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, 08, 09, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 40, 7 SYMBOL, 77 SYMBOL, 777 SYMBOL, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $200, $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. 2526 - 1.2D (.pdf)
E. Serial Number - A unique thirteen (13) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.
F. Bar Code - A twenty-four (24) character interleaved two (2) of five (5) Bar Code which will include a four (4) digit game ID, the seven (7) digit Pack number, the three (3) digit Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.
G. Game-Pack-Ticket Number - A fourteen (14) digit number consisting of the four (4) digit game number (2526), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 075 within each Pack. The format will be: 2526-0000001-001.
H. Pack - A Pack of the "777 MULTIPLIER" Scratch Ticket Game contains 075 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The Packs will alternate. One will show the front of Ticket 001 and back of 075 while the other fold will show the back of Ticket 001 and front of 075.
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 "777 MULTIPLIER" Scratch Ticket Game No. 2526.
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 "777 MULTIPLIER" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose forty-five (45) Play Symbols. If a player matches any of the YOUR NUMBERS to any of the WINNING NUMBERS, the player wins the PRIZE for that number. If a player reveals a "7" symbol, the player wins the PRIZE for that symbol instantly. If a player reveals a "77" symbol, the player wins DOUBLE the PRIZE for that symbol. If a player reveals a "777" symbol, the player wins TRIPLE the PRIZE for that symbol. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.
2.1 Scratch Ticket Validation Requirements.
A. To be a valid Scratch Ticket, all of the following requirements must be met:
1. Exactly forty-five (45) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The Scratch Ticket shall be intact;
6. The Serial Number and Game-Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Scratch Ticket;
8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The Scratch Ticket must not be counterfeit in whole or in part;
10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner;
11. The Scratch Ticket must not have been stolen, nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number and Game-Pack-Ticket Number must be right side up and not reversed in any manner;
13. The Scratch Ticket must be complete and not miscut, and have exactly forty-five (45) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-Ticket Number on the Scratch Ticket;
14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously;
15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the forty-five (45) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the forty-five (45) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines.
B. The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. GENERAL: The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or prize structure.
B. GENERAL: Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.
C. KEY NUMBER MATCH: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 05 and $5).
D. KEY NUMBER MATCH: There will be no matching non-winning YOUR NUMBERS Play Symbols on a Ticket.
E. KEY NUMBER MATCH: There will be no matching WINNING NUMBERS Play Symbols on a Ticket.
F. KEY NUMBER MATCH: A non-winning Prize Symbol will never match a winning Prize Symbol.
G. KEY NUMBER MATCH: A Ticket may have up to three (3) matching non-winning Prize Symbols, unless restricted by other parameters, play action or prize structure.
H. KEY NUMBER MATCH: The "77" (DBL) Play Symbol will only appear on winning Tickets, as dictated by the prize structure.
I. KEY NUMBER MATCH: The "777" (TRP) Play Symbol will only appear on winning Tickets, as dictated by the prize structure.
J. KEY NUMBER MATCH: The "7" (WIN$) Play Symbol may appear multiple times on winning Tickets, unless restricted by other parameters, play action or prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "777 MULTIPLIER" Scratch Ticket Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100, $200 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "777 MULTIPLIER" Scratch Ticket Game prize of $1,000 or $100,000, the claimant must sign the winning Scratch Ticket and may present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "777 MULTIPLIER" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be:
1. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055;
2. in default on a loan made under Chapter 52, Education Code;
3. in default on a loan guaranteed under Chapter 57, Education Code; or
4. delinquent in child support payments in the amount determined by a court or a Title IV-D agency under Chapter 231, Family Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the Scratch Ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "777 MULTIPLIER" 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 "777 MULTIPLIER" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is not claimed within that period, and in the manner specified in these Game Procedures and on the back of each Scratch Ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of Scratch Tickets ordered. The number of actual prizes available in a game may vary based on number of Scratch Tickets manufactured, testing, distribution, sales and number of prizes claimed. A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed.
3.0 Scratch Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated. If more than one name appears on the back of the Scratch Ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket.
4.0 Number and Value of Scratch Prizes. There will be approximately 7,080,000 Scratch Tickets in Scratch Ticket Game No. 2526. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2526 - 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. 2526 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. 2526, 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-202303084
Bob Biard
General Counsel
Texas Lottery Commission
Filed: August 22, 2023
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2537 is "LUCKY X10". The play style is "key symbol match".
1.1 Price of Scratch Ticket Game.
A. The price for Scratch Ticket Game No. 2537 shall be $5.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2537.
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: STAR SYMBOL, CHERRY SYMBOL, HEART SYMBOL, MOON SYMBOL, CACTUS SYMBOL, LEMON SYMBOL, ELEPHANT SYMBOL, COIN SYMBOL, BANANA SYMBOL, RAINBOW SYMBOL, MELON SYMBOL, WISHBONE SYMBOL, GRAPES SYMBOL, WALLET SYMBOL, SUN SYMBOL, GOLD BAR SYMBOL, HORSESHOE SYMBOL, ANCHOR SYMBOL, SAILBOAT SYMBOL, LIGHTNING BOLT SYMBOL, DICE SYMBOL, SHELL SYMBOL, SPADE SYMBOL, CROWN SYMBOL, PINEAPPLE SYMBOL, BELL SYMBOL, UMBRELLA SYMBOL, DAISY SYMBOL, DIAMOND SYMBOL, HAT SYMBOL, BOOT SYMBOL, BIRD SYMBOL, LADYBUG SYMBOL, BUTTERFLY SYMBOL, APPLE SYMBOL, CAKE SYMBOL, GIFT SYMBOL, BALLOONS SYMBOL, TREASURE CHEST SYMBOL, SAFE 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. 2537 - 1.2D (.pdf)
E. Serial Number - A unique thirteen (13) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.
F. Bar Code - A twenty-four (24) character interleaved two (2) of five (5) Bar Code which will include a four (4) digit game ID, the seven (7) digit Pack number, the three (3) digit Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.
G. Game-Pack-Ticket Number - A fourteen (14) digit number consisting of the four (4) digit game number (2537), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 075 within each Pack. The format will be: 2537-0000001-001.
H. Pack - A Pack of the "LUCKY X10" Scratch Ticket Game contains 075 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the Pack; the back of Ticket 075 will be revealed on the back of the Pack. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack. Every other Pack will reverse; i.e., reverse order will be: the back of Ticket 001 will be shown on the front of the Pack and the front of Ticket 075 will be shown on the back of the Pack.
I. Non-Winning Scratch Ticket - A Scratch Ticket which is not programmed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "LUCKY X10" Scratch Ticket Game No. 2537.
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 "LUCKY X10" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose forty-five (45) Play Symbols. If a player matches any of the YOUR SYMBOLS Play Symbols to any of the LUCKY SYMBOLS Play Symbols that are not circled, the player wins the prize for that symbol. If the player matches any of the YOUR SYMBOLS Play Symbols to the LUCKY SYMBOL Play Symbol that is circled, the player wins 10 TIMES the prize for that symbol. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.
2.1 Scratch Ticket Validation Requirements.
A. To be a valid Scratch Ticket, all of the following requirements must be met:
1. Exactly forty-five (45) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The Scratch Ticket shall be intact;
6. The Serial Number and Game-Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Scratch Ticket;
8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The Scratch Ticket must not be counterfeit in whole or in part;
10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner;
11. The Scratch Ticket must not have been stolen, nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number and Game-Pack-Ticket Number must be right side up and not reversed in any manner;
13. The Scratch Ticket must be complete and not miscut, and have exactly forty-five (45) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-Ticket Number on the Scratch Ticket;
14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously;
15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the forty-five (45) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the forty-five (45) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines.
B. The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.
B. A Ticket can win as indicated by the prize structure.
C. A Ticket can win up to twenty (20) 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 (20) times, with respect to other parameters, play action or prize structure.
E. No matching non-winning YOUR SYMBOLS Play Symbols will appear on a Ticket.
F. No matching LUCKY SYMBOLS Play Symbols will appear on a Ticket.
G. Non-winning Prize Symbols will not match a winning Prize Symbol on a Ticket.
H. 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.
I. On Non-Winning Tickets, the LUCKY SYMBOLS Play Symbols will never match a YOUR SYMBOLS Play Symbol, including the circled LUCKY SYMBOLS Play Symbol.
J. Tickets winning more than one (1) time will use as many LUCKY SYMBOLS Play Symbols as possible, excluding the circled LUCKY SYMBOLS Play Symbol to create matches, unless restricted by other parameters, play action or prize structure.
K. On winning and Non-Winning Tickets, there will always be exactly one (1) circled LUCKY SYMBOLS Play Symbol on a Ticket.
L. The location of the circled LUCKY SYMBOLS Play Symbol will be fixed, according to the Ticket scene.
M. When read from left to right, the position of the circled LUCKY SYMBOLS Play Symbol on each Ticket scene will be as follows:
a. Scene 1 = the 1st LUCKY SYMBOLS Play Symbol position
b. Scene 2 = the 3rd LUCKY SYMBOLS Play Symbol position
c. Scene 3 = the 5th LUCKY SYMBOLS Play Symbol position
d. Scene 4 = the 2nd LUCKY SYMBOLS Play Symbol position
e. Scene 5 = the 4th LUCKY SYMBOLS Play Symbol position
N. A YOUR SYMBOLS Play Symbol will win 10 TIMES the prize for that Play Symbol when matched with the circled LUCKY SYMBOLS Play Symbol, as per the prize structure.
O. On Tickets that win with the circled LUCKY SYMBOLS Play Symbol, there will be one (1) and only one (1) YOUR SYMBOLS Play Symbol that matches the circled LUCKY SYMBOLS Play Symbol.
2.3 Procedure for Claiming Prizes.
A. To claim a "LUCKY X10" 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 may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $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 "LUCKY X10" Scratch Ticket Game prize of $1,000 or $100,000, the claimant must sign the winning Scratch Ticket and may present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "LUCKY X10" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be:
1. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055;
2. in default on a loan made under Chapter 52, Education Code;
3. in default on a loan guaranteed under Chapter 57, Education Code; or
4. delinquent in child support payments in the amount determined by a court or a Title IV-D agency under Chapter 231, Family Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the Scratch Ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "LUCKY X10" 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 "LUCKY X10" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is not claimed within that period, and in the manner specified in these Game Procedures and on the back of each Scratch Ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of Scratch Tickets ordered. The number of actual prizes available in a game may vary based on number of Scratch Tickets manufactured, testing, distribution, sales and number of prizes claimed. A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed.
3.0 Scratch Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated. If more than one name appears on the back of the Scratch Ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket.
4.0 Number and Value of Scratch Prizes. There will be approximately 7,200,000 Scratch Tickets in Scratch Ticket Game No. 2537. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2537 - 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. 2537 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. 2537, 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-202303122
Bob Biard
General Counsel
Texas Lottery Commission
Filed: August 23, 2023
The North Central Texas Council of Governments (NCTCOG), in coordination with transportation partner agencies through a Request for Proposals (RFP), is soliciting for a platform with data available to measure the performance of the traffic signals in the 10-county Dallas-Fort Worth Air Quality Nonattainment Area. The desired platform should be capable to track performance measures to monitor and track signal performance by user-defined days and hours. The performance measures will indicate signal and corridors as candidates for applying traffic signal improvements, such as retiming. The desired platform should be able to track performance measures such as signal delay; red/green arrival; travel times; turning movement counts; and pass through. The platform will require multiple individual user accounts from multiple municipalities and their consultants. The populated data and database generated throughout the duration of the contract is to be archived and made available by the vendor to NCTCOG at the completion of the contract. The selected firm(s) will host and provide any necessary data, databases, software, and provide training for the full functional traffic signal performance measures platform as described in the Scope of Work. NCTCOG may consider a software as a service platform.
Proposals must be received no later than 5:00 p.m., Central Time, on Friday, September 29, 2023, to Natalie Bettger, Senior Program Manager, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 and electronic submissions to TransRFPs@nctcog.org. The Request for Proposals will be available at www.nctcog.org/rfp by the close of business on Friday, September 1, 2023.
NCTCOG encourages participation by disadvantaged business enterprises and does not discriminate on the basis of age, race, color, religion, sex, national origin, or disability.
TRD-202303106
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: August 23, 2023
In accordance with the Title 43, Texas Administrative Code, §25.55 (a)-(b), the Texas Department of Transportation (TxDOT) El Paso District is partnering with the El Paso Metropolitan Planning Organization (MPO) to offer an in-person public hearing on transportation projects, programs, and policies affecting bicycle use and pedestrian mobility improvements in El Paso and surrounding communities. This notice advises the public that TxDOT will be conducting an in-person public hearing on the proposed projects with an online virtual option. The virtual hearing will consist of a recorded video presentation and will include both audio and visual components. The presentation will be posted online by Thursday, September 28, 2023 at 9:00 a.m. MDT. To log onto the virtual public hearing, go to the web address at the date and time indicated above. To access the web page, go to www.txdot.gov and in the keyword search enter "El Paso Bike Hearing". Project staff will provide a presentation, which will be recorded and posted on the website. The public hearing will include both audio and visual components. Please note that the public hearing and project list will not be available on the website until the time and date listed above.
Following the virtual public hearing, the presentation will remain available for viewing at the web address indicated above until at least Friday, October 13, 2023, at 9:00 a.m. MDT. If you do not have internet access, you may call (972) 560-3029 between the hours of 9:00 a.m. MST and 5:00 p.m. MDT, Monday through Friday, to ask questions and access project materials during the project development process.
Additionally, TxDOT is providing an in-person option for individuals who would like to participate in person instead of online. In-person attendees will experience the presentation live, which will be recorded and made available in the online public hearing. In-person attendees will also be able to review hard copies of project materials, ask questions of TxDOT staff and/or consultants, and leave written comments. The in-person option will be held on Thursday, September 28, 2023, from 5:30 p.m. MDT to 8:00 p.m. MDT at Burges High School Blackbox Theater, 7800 Edgemere Blvd. El Paso, Texas 79925.
For both the virtual public hearing and in-person option, members of the public may call (972) 560-3029 to provide verbal testimony immediately following the conclusion of the public hearing presentation at 8:00 p.m. MDT on September 28, 2023, through 11:59 p.m. on Friday, October 13, 2023. Formal written comments may also be provided by mail or email as explained below. All verbally provided testimony and timely written comments will be considered by TxDOT and included as part of the official record. Responses to verbally provided testimony and comments will be prepared by TxDOT, included as part of the hearing and project record, and made available online at www.txdot.gov.
The purpose of the hearing is to provide information on transportation projects that might affect bicycle and pedestrian use, plans, policies, and programs for the TxDOT El Paso District and the El Paso MPO and to receive public comments.
All interested persons are invited to attend this public hearing to obtain information about the district transportation projects, programs, and policies affecting bicycle use on the state highway system and to express their views.
The virtual public hearing and in-person option will be conducted in English. If you need an interpreter or document translator because English is not your primary language or you have difficulty communicating effectively in English, one will be provided to you. If you have a disability and need assistance, special arrangements can be made to accommodate most needs. If you need interpretation or translation services or you are a person with a disability who requires an accommodation to attend and participate in the public meeting, please contact David Alexander at (972) 560-3029 no later than 4 p.m. MDT, Thursday, September 14, 2023. Please be aware that advance notice is required as some services and accommodations may require time for the Texas Department of Transportation to arrange.
Written comments from the public regarding the district transportation projects, programs, and policies affecting bicycle use on the state highway system are encouraged and may be submitted by mail to WSP, Attn: El Paso Bike Hearing, 3102 Oak Lawn Ave Suite 450, Dallas, Texas 75219. Written comments may also be submitted by email to TxDOT_ELP_BikePublicHearing@wsp.com. Verbal comments may be made by calling (972) 560-3029. All written comments must be postmarked/received on or before Friday, October 13, 2023, to be included in the official public hearing record. Additionally, as stated above, members of the public may call (972) 560-3029 and verbally provide testimony from 8:00 p.m. MDT on September 28, 2023, until 11:59 p.m. on Friday, October 13, 2023. Responses to written comments received and public testimony provided will be available online at www.txdot.gov once they have been prepared.
If you have any general questions or concerns regarding the proposed project or virtual hearing or in-person option, please contact Adriana Rodriguez, TxDOT El Paso District Bike Coordinator, at (915) 790-4221 or Adriana.Rodriguez@txdot.gov.
For additional information or to be added to the mailing list of individuals or organizations interested in bicycle use of the state system, please contact Adriana Rodriguez, TxDOT El Paso District Bike Coordinator, at (915) 790-4221 or Adriana.Rodriguez@txdot.gov. All individuals and groups who request to be added to the mailing list will receive notice of public hearing activities related to environmental and public involvement for state projects that might affect bicycle use.
TRD-202303099
Becky Blewett
Deputy General Counsel
Texas Department of Transportation
Filed: August 22, 2023