IN ADDITION

Texas Alcoholic Beverage Commission

Annual Production Limit Order (.pdf)

TRD-202201292

Shana Horton

Rules Attorney

Texas Alcoholic Beverage Commission

Filed: April 7, 2022


Office of the Attorney General

Texas Health and Safety Code and 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 and the Texas Health and Safety 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: Harris County, Texas and State of Texas v. Sesco Cement, Corp.; Cause No. 2020-00526, in the 334th Judicial District Court, Harris County, Texas.

Background: Sesco Cement Corp. ("Sesco") owned and operated a cement packaging and distribution facility located at 8510 E. Sam Houston Parkway, Houston, Harris County, Texas 77044. Harris County Pollution Control Services Department conducted several investigations at the Facility from January 28, 2019, through April 1, 2020, documenting violations of Texas environmental statutes and TCEQ rules regulating air emissions, stormwater and wastewater discharges, and solid waste management. Harris County initiated the civil enforcement action and the State of Texas joined as a necessary and indispensable party. After the parties entered into an agreed temporary injunction, and modified temporary injunction, Sesco returned to compliance with all alleged violations.

Proposed Settlement: The parties propose an Agreed Final Judgment ("Judgment") that provides for an award to the State of Texas of $239,818.25 in civil penalties and $15,000 in attorney's fees; and an award to Harris County of $239,818.25 in civil penalties, $363.50 in court costs, and $80,000 in attorney's fees. These awards will be paid by Sesco under a nine-month payment plan.

For a complete description of the proposed settlement, the Judgment should be reviewed in its entirety. Requests for copies of the proposed Judgment, and written comments on the same, should be directed to Logan Harrell, 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: Logan.Harrell@oag.texas.gov. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-202201380

Austin Kinghorn

General Counsel

Office of the Attorney General

Filed: April 12, 2022


Texas Board of Chiropractic Examiners

Comments and Responses to 22 TAC Sections 78.3 and 78.6

The Texas Board of Chiropractic Examiners (Board) submits the following miscellaneous document in order to cure defects with its posting of the adoption of 22 Texas Administrative Code (TAC) §78.3 and §78.6, as published in the March 18, 2022, issue of the Texas Register.

Background:

At its February 24, 2022, meeting, the Texas Board of Chiropractic Examiners (Board) voted to adopt several rules proposed at the Board's previous meeting. Those proposed rules were published in the December 10, 2021, issue of the Texas Register (46 TexReg 8300).

The rules adopted by the Board at the February 24 meeting were published in the March 18, 2022, issue of the Texas Register. Of those rulemaking adoptions, two were submitted with an incorrect preamble: New 22 TAC §78.3 (General Delegation of Responsibility) (47 TexReg 1455); and new 22 TAC §78.6 (Required Diligence in the Practice of Chiropractic) (47 TexReg 1456). The then-current 22 TAC §78.3 (General Delegation of Responsibility) (47 TexReg 1455) was also repealed at the same time.

The preambles for the new §78.3 and §78.6 failed to include comments the Board received regarding the rulemakings (as well as the Board's responses to those comments) as required by Texas Government Code §2001.029. Those comments were presented to the Board for its review at its February 24 meeting. To cure this defect, the Board publishes those comments and the Board's responses here.

Regarding new 22 TAC §78.3:

Comment: The Texas Medical Association (TMA) contends that subsection (c) of the new §78.3 does not clearly clarify the scope of practice by not adding "chiropractic" scope of practice as "defined by Texas law" to the text. The Board disagrees.

New subsection (c) states that "A licensee may delegate responsibility to a qualified individual to perform acts within the scope of practice, including: . . . ." The Board believes that no reasonable person (or licensee of the Board) would assume that the text refers to anything besides the chiropractic scope of practice.

The Board further believes that tacking on " . . . defined by Texas law" adds nothing to the rule except excess words. Again, no reasonable person (or licensee) would assume that the Board was referring to anything but the scope of practice under Texas law.

Comment: TMA objects to the inclusion of "performing radiological procedures" in subsection (c) on two grounds, and asks that it be struck.

First, TMA objects that the rule does not delineate what type of radiological procedures may be delegated, because Texas Occupations Code §201.002(c)(3) excludes the use of x-ray therapy or therapy that exposes the body to radioactive materials from the scope of practice. As TMA notes, this sort of radiological procedure by a chiropractor is already prohibited by statute. As a rule cannot supersede a statute, the Board believes that simply repeating the statute text in this rule would add nothing but excess words. Further, for the convenience of our licensees, the Board has already consolidated all the statutory prohibitions on the scope of practice contained in Occupations Code Chapter 201 into 22 TAC §78.2 (Prohibitions on the Scope of Practice); adding it to §78.3 would be needlessly repetitive. The Board therefore declines TMA's request.

Second, TMA objects that the new §78.3 is less detailed that the specific requirements for the delegation of radiologic procedures found in 22 TAC §78.5 (Delegation of Radiologic Procedures). TMA is correct, but only in the sense that §78.3 is a rule of general applicability governing the delegation of most chiropractic acts; it is not meant to cover all aspects of the delegation of radiological procedures. That is the purpose of §78.5. The Board has no doubt that its licensees who wish to delegate radiological procedures will find no confusion and will follow the specific requirements of §78.5. The Board declines TMA's request.

TMA also argues that the general text regarding a chiropractor being on-site or on-call in subsection (g) of the new §78.3 conflicts with the specific requirements of §78.5 for the delegation of radiologic procedures. As said above, §78.3 is a rule of general applicability, while §78.5 governs the specific requirements for delegating radiological procedures, which includes a chiropractor being on-site. Assuming there is a conflict between the two, §78.5 governs. As the rule as published has already been adopted, the Board declines TMA's request but will review the language in subsection (g) for a possible proposed amendment, if necessary, at a future Board meeting.

Regarding new 22 TAC §78.6:

Comment: TMA asserts the new §78.6 is vague and ambiguous. TMA specifically objects to subsection (a)(1), which states: "A licensee shall . . . conform to the generally accepted standards of practice of the chiropractic profession in Texas . . . ." TMA asks what the Board's intent was by adding "in Texas" and requests the Board change that to "under Texas law." The Board declines TMA's request.

The Board believes there is nothing vague or ambiguous about the text. The Board believes TMA's objection on this point is a distinction without a difference; the Board sees no articulated reason for a change in the text, just a conclusion. The Board further declines to entertain TMA's request to clarify its intent. Intent is irrelevant; it is only to the text itself to which one may object.

Please direct any questions concerning this submission to the Board's general counsel at christopher@tbce.texas.gov or (512) 305-6700.

TRD-202201337

Christopher Burnett

General Counsel

Texas Board of Chiropractic Examiners

Filed: April 11, 2022


Concho Valley Workforce Development Board

Request for Quotes

The Concho Valley Workforce Development Board is soliciting proposals for: Fiscal Technical Assistance. The bids to be considered must be received by the Board according to the deadlines listed below.

Proposal Release Date: April 11, 2022

Proposal Due Date May 2, 2022, No Later Than 4:00 p.m. (CDT)

Please submit responses to Concho Valley Workforce Development Board.

Attention Finance Director Lisette Alverio Perez at lalverio@cvworkforce.org or (325) 703-2457

36 E. Twohig, Ste. 805

San Angelo, Texas 76903

Fiscal Technical Assistance bid can be found here:

https://cvworkforce.org/Bids.aspx?BidID=17

TRD-202201293

Yolanda Sanchez

Executive Director

Concho Valley Workforce Development Board

Filed: April 7, 2022


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/18/22 - 04/24/22 is 18% for Consumer1/Agricultural/Commercial2 credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/18/22 - 04/24/22 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-202201379

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: April 12, 2022


Court of Criminal Appeals

Order Proposing Amendment to Texas Rule of Appellate Procedure 9.4 (.pdf)

TRD-202201297

Deana Williamson

Clerk of the Court

Court of Criminal Appeals

Filed: April 7, 2022


Preliminary Approval of Amendments to Rule 3a of the Texas Rules of Civil Procedure, Rule 1.2 of the Texas Rules of Appellate Procedure, and Rule 10 of the Texas Rules of Judicial Administration (.pdf)

TRD-202201285

Deana Williamson

Clerk of the Court

Court of Criminal Appeals

Filed: April 6, 2022


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code, (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 23, 2022. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 23, 2022. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission's enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the AOs shall be submitted to the commission in writing.

(1) COMPANY: 122ND & FRANKFORD / DISCOUNT SHOP RENTALS, INCORPORATED; DOCKET NUMBER: 2021-1097-PWS-E; IDENTIFIER: RN111303160; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(b)(1) and (e)(3), by failing to provide disinfection facilities for the groundwater supply for the purpose of microbiological control and distribution protection; 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; and 30 TAC §290.46(n)(3), by failing to keep on file copies of well completion data as defined in 30 TAC §290.41(c)(3)(A) for as long as the well remains in service; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Samantha Salas, (512) 239-1543; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(2) COMPANY: 130th & UPLAND, INCORPORATED; DOCKET NUMBER: 2021-1126-PWS-E; IDENTIFIER: RN111299301; LOCATION: Wolfforth, Lubbock County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(e)(1) and (h)(1) and Texas Health and Safety Code, §341.035(a), by failing to submit plans and specifications to the Executive Director for review and approval prior to the construction of a new public water supply; 30 TAC §290.41(c)(3)(A), by failing to submit well completion data for review and approval prior to placing the facility's public drinking water well into service; and 30 TAC §290.42(b)(1) and (e)(3), by failing to provide continuous and effective disinfection that can be secured under all conditions; PENALTY: $3,250; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (361) 825-3425; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(3) COMPANY: 179 AFFORDABLE STORAGE RV WAREHOUSE, INCORPORATED; DOCKET NUMBER: 2021-1076-PWS-E; IDENTIFIER: RN111293015; LOCATION: Wolfforth, Lubbock County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(e)(1) and (h)(1) and Texas Health and Safety Code, §341.035(a), by failing to submit plans and specifications to the Executive Director for review and approval prior to the construction of a new public water supply; 30 TAC §290.41(c)(3)(A), by failing to submit well completion data for review and approval prior to placing the facility's well into service; and 30 TAC §290.42(b)(1) and (e)(3), by failing to provide disinfection facilities for the groundwater supply for the purpose of microbiological control and distribution protection; PENALTY: $3,250; ENFORCEMENT COORDINATOR: Carlos Molina, (512) 239-2557; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(4) COMPANY: City of Dell City; DOCKET NUMBER: 2021-0824-PWS-E; IDENTIFIER: RN101210409; LOCATION: Dell City, Hudspeth County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a Disinfection Level Quarterly Operating Report to the executive director (ED) by the tenth day of the month following the end of each quarter for the first, second, and third quarters of 2019, through the fourth quarter of 2020; 30 TAC §290.117(c)(2)(A), (h), and (i)(1), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the ED for the July 1, 2018 - December 31, 2018, January 1, 2019 - December 31, 2019, and the January 1, 2020 - December 31, 2020, monitoring periods; 30 TAC §290.117(i)(6) and (j), by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites that were tested, and failing to mail a copy of the consumer notification of tap results to the ED along with a certification that the consumer notification has been distributed in a manner consistent with TCEQ requirements for the January 1, 2018 - June 30, 2018, and the July 1, 2019 - December 31, 2019, monitoring periods; and 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st for each year, and failing to submit to the TCEQ by July 1st for each year a copy of the annual CCR and certification that the CCR has been distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data for the calendar years 2018 and 2019; PENALTY: $11,120; ENFORCEMENT COORDINATOR: Ecko Beggs, (915) 834-4968; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(5) COMPANY: City of Linden; DOCKET NUMBER: 2021-1280-PWS-E; IDENTIFIER: RN101220986; LOCATION: Linden, Cass County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(m), by failing to provide an intruder-resistant fence or well house around each water treatment plant, well unit, potable water storage tank, pressure maintenance facility, and related appurtenances that remains locked during periods of darkness and when the facility is unattended; 30 TAC §290.46(d)(2)(A) and §290.110(b)(4) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to maintain a minimum disinfectant residual of 0.2 milligrams per liter (mg/L) of free chlorine throughout the distribution system at all times; 30 TAC §290.46(e)(4)(C) and THSC, §341.033(a), by failing to operate the facility under the direct supervision of at least two water works operators who hold a Class C or higher groundwater license who work at least 16 hours per month; 30 TAC §290.46(l), by failing to flush all dead-end mains at monthly intervals; and 30 TAC §290.118(a) and (b), by failing to meet the maximum secondary constituent level of greater than 0.3 mg/L for iron; PENALTY: $3,417; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 881-6991; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(6) COMPANY: City of Runaway Bay; DOCKET NUMBER: 2021-1305-PWS-E; IDENTIFIER: RN101391431; LOCATION: Runaway Bay, Wise County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(l), by failing to flush all dead-end mains at monthly intervals; and 30 TAC §290.46(q)(1) and (2), by failing to issue a boil water notice to customers of the facility within 24 hours of a water outage using the prescribed notification format as specified in 30 TAC §290.47(c), and failing to institute special precautions as described in the flowchart found in 30 TAC §290.47(e) in the event of low distribution pressure and water outages; PENALTY: $1,215; ENFORCEMENT COORDINATOR: Aaron Vincent, (512) 239-0855; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Eastman Chemical Texas City, Incorporated; DOCKET NUMBER: 2021-0791-PWS-E; IDENTIFIER: RN100212620; LOCATION: Texas City, Galveston County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.080 milligrams per liter for total trihalomethanes, based on the locational running annual average; PENALTY: $1,637; ENFORCEMENT COORDINATOR: America Ruiz, (512) 239-2601; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(8) COMPANY: EMROOZ, Incorporated dba Snappy Foods 6 and Snappy Foods 24; DOCKET NUMBER: 2021-1040-PST-E; IDENTIFIERS: RN101902054 and RN108193590; LOCATIONS: Odem, San Patricio County and Refugio, Refugio County; TYPE OF FACILITY: convenience stores with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b)(2), by failing to assure that all underground storage tank (UST) recordkeeping requirements are met; 30 TAC §334.45(d)(1)(E)(iii) and §334.50(b)(1)(B) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the UST for releases in a manner which will detect a release at a frequency of at least once every 30 days by using interstitial monitoring for tanks installed on or after January 1, 2009, and failing to provide release detection for the pressurized piping associated with the UST system; 30 TAC §334.48(d), §334.51(a)(6), and (b)(2)(C)(i) and TWC, §26.3475(c)(2), by failing to ensure that all installed spill and overfill prevention devices are maintained in good operating condition, and failing to equip each UST with a valve or other appropriate device designed to automatically shut off the flow of regulated substances into the tank when the liquid level in the tank reaches no higher than 95% capacity level for the tank; 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the UST system; and 30 TAC §334.51(b)(2)(C)(i) and TWC, §26.3475(c)(2), by failing to equip the UST with a valve or other appropriate device designed to automatically shut off the flow of regulated substances into the tank when the liquid level in the tank reaches no higher than 95% capacity level for the tank; PENALTY: $10,468; ENFORCEMENT COORDINATOR: Karolyn Kent, (512) 239-2536; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(9) COMPANY: GB Biosciences LLC; DOCKET NUMBER: 2021-0349-AIR-E; IDENTIFIER: RN100238492; LOCATION: Houston, Harris County; TYPE OF FACILITY: agricultural chemical manufacturing plant; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), New Source Review Permit Number 4893A, Special Conditions Number 1, Federal Operating Permit Number O2266, General Terms and Conditions and Special Terms and Conditions Number 9, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $5,850; ENFORCEMENT COORDINATOR: Amanda Diaz, (713) 422-8912; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(10) COMPANY: Harris County Municipal Utility District 304; DOCKET NUMBER: 2021-1025-PWS-E; IDENTIFIER: RN102975877; LOCATION: Houston, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(e)(4)(B), by failing to house the gas chlorination equipment and cylinders of chlorine in separate buildings or separate rooms with impervious walls or partitions separating all mechanical and electrical equipment from the chlorine facilities; 30 TAC §290.42(f)(1)(E)(ii), by failing to provide adequate containment facilities for all liquid chemical storage tanks; and 30 TAC §290.110(c)(5), by failing to conduct chloramine effectiveness sampling to ensure that monochloramine is the prevailing chloramine species and that nitrification is controlled; PENALTY: $5,775; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(11) COMPANY: KB MARINE INDUSTRY, LLC and Khang Trong Bui; DOCKET NUMBER: 2019-1159-MLM-E; IDENTIFIER: RN106905193; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: scrap metal recycling and unauthorized industrial waste disposal; RULES VIOLATED: 30 TAC §111.201 and Texas Health and Safety Code, §382.085(b), by failing to not cause, suffer, allow, or permit outdoor burning within the State of Texas; 30 TAC §281.25(a)(4), TWC, §26.121, and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to obtain authorization to discharge stormwater associated with industrial activities; 30 TAC §324.6 and 40 CFR §279.22(b), by failing to ensure that all containers used to store used oil are maintained in good condition and not leaking; 30 TAC §327.5(a) and TWC, §26.266(a) and 40 CFR. §279.22(d)(3), by failing to immediately abate, contain, and clean up a discharge or spill; 30 TAC §328.3(a)(6) and TWC, §26.121(a)(1), by failing to prevent the discharge of Industrial Solid Waste (ISW) into or adjacent to any water in the state; 30 TAC §330.15(a) and (c), by failing to not cause, suffer, allow, or permit the unauthorized storage and disposal of municipal solid waste; and 30 TAC §335.2(b), by failing to not cause, suffer, allow, or permit the disposal of ISW at an unauthorized facility; PENALTY: $45,233; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(12) COMPANY: Pecan Valley Ranch & Farms, LLC; DOCKET NUMBER: 2021-1030-PWS-E; IDENTIFIER: RN105570139; LOCATION: Junction, Kimble County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(j) and Texas Health and Safety Code, §341.0351, by failing to obtain approval prior to making any significant change or addition to the system's production treatment, storage, pressure maintenance, or distribution facilities; 30 TAC §290.41(c)(3)(A), by failing to submit well completion data for review and approval prior to placing the facility's public drinking water well into service; and 30 TAC §290.44(d) and §290.46(r), by failing to provide minimum pressure of 35 pounds per square inch (psi) throughout the distribution system under normal operating conditions and 20 psi during emergencies such as firefighting; PENALTY: $1,138; ENFORCEMENT COORDINATOR: Samantha Salas, (512) 239-1543; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(13) COMPANY: Rockin J Ranch, Ltd.; DOCKET NUMBER: 2021-1281-PWS-E; IDENTIFIER: RN104375555; LOCATION: Blanco, Blanco County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(d)(2)(A), (h), and (i)(2), by failing to collect one lead and copper sample from the facility's one entry point no later than 180 days after the end of the January 1, 2018 - December 31, 2020, monitoring period during which the copper action level was exceeded, have the sample analyzed, and report the results to the executive director (ED); 30 TAC §290.117(e)(2), (h), and (i)(3), by failing to conduct water quality parameter sampling at each of the facility's entry points and the required distribution sample sites, have the samples analyzed, and report the results to the ED for the January 1, 2021 - June 30, 2021, monitoring period; 30 TAC §290.117(f)(3)(A), by failing to submit a recommendation to the ED for optimal corrosion control treatment within six months after the end of the January 1, 2018 - December 31, 2020, monitoring period during which the copper action level was exceeded; and 30 TAC §290.117(g)(2)(A), by failing to submit a recommendation to the ED for source water treatment within 180 days after the end of the January 1, 2018 - December 31, 2020, monitoring period during which the copper action level was exceeded; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Samantha Salas, (512) 239-1543; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.

(14) COMPANY: S.Y.B. CONSTRUCTION CO., INCORPORATED; DOCKET NUMBER: 2021-1321-WQ-E; IDENTIFIER: RN111309662; LOCATION: Arlington, Tarrant County; TYPE OF FACILITY: sewer collection system with an associated manhole; RULE VIOLATED: TWC, §26.121(a)(1), by failing to prevent the unauthorized discharge of sewage into or adjacent to any water in the state; PENALTY: $8,125; ENFORCEMENT COORDINATOR: Caleb Olson, (817) 588-5856; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: Saeb Kutob dba ARP FOOD STORE; DOCKET NUMBER: 2021-1113-PST-E; IDENTIFIER: RN105187041; LOCATION: Arp, Smith County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued underground storage tank (UST) delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the regulated USTs; 30 TAC §334.10(b)(2), by failing to assure that all UST recordkeeping requirements are met; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the UST in a manner which will detect a release at a frequency of at least once every 30 days; and 30 TAC §334.606, by failing to maintain required operator training certification records and make them available for inspection upon request by agency personnel; PENALTY: $11,519; ENFORCEMENT COORDINATOR: Courtney Gooris, (512) 239-1118; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(16) COMPANY: SAMNANG NALI CORPORATION dba Spitfire Grill and Grocery; DOCKET NUMBER: 2021-1298-PST-E; IDENTIFIER: RN101899169; LOCATION: Pennington, Trinity County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $3,698; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(17) COMPANY: Sebastian Hwang; DOCKET NUMBER: 2021-1016-MLM-E; IDENTIFIER: RN111286522; LOCATION: Georgetown, Williamson County; TYPE OF FACILITY: construction site; RULES VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer Protection plan prior to commencing regulated activity over the Edwards Aquifer Contributing Zone; and 30 TAC §281.25(a)(4), TWC, §26.121, and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge stormwater associated with construction activities; PENALTY: $11,250; ENFORCEMENT COORDINATOR: Alyssa Loveday, (512) 239-5504; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.

(18) COMPANY: UNICO RETAIL LLC dba Mercato 2; DOCKET NUMBER: 2021-1199-PST-E; IDENTIFIER: RN101683209; LOCATION: Brownsville, Cameron County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b)(2), by failing to assure that all underground storage tank (UST) recordkeeping requirements are met; 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(c)(1) and (a), by failing to monitor the USTs in a manner which will detect a release at a frequency of at least once every 30 days, and failing to provide release detection for the pressurized piping associated with the UST system; and 30 TAC §334.606, by failing to maintain required operator training certification records and make them available for inspection upon request by agency personnel; PENALTY: $3,944; ENFORCEMENT COORDINATOR: Courtney Gooris, (817) 588-5863; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

TRD-202201370

Gitanjali Yadav

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: April 12, 2022


Enforcement Orders

An agreed order was adopted regarding Maiko Hessel Bouma dba Bouma Dairy Farm, Docket No. 2019‑0814‑AGR‑E on April 13, 2022, assessing $65,424 in administrative penalties with $44,144 deferred. Information concerning any aspect of this order may be obtained by contacting Aaron Vincent, 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 AZINO PROPERTY MANAGEMENT LLC dba Payless Food Mart, Docket No. 2019‑1498‑PST‑E on April 13, 2022, assessing $43,954 in administrative penalties with $26,378 deferred. Information concerning any aspect of this order may be obtained by contacting Berenice Munoz, 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 City of Silsbee, Docket No. 2020‑0052‑MWD‑E on April 13, 2022, assessing $17,250 in administrative penalties with $3,450 deferred. Information concerning any aspect of this order may be obtained by contacting Stephanie Frederick, 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 City of Marlin, Docket No. 2020‑0568‑PWS‑E on April 13, 2022, assessing $2,325 in administrative penalties. 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 San Miguel Electric Cooperative, Inc., Docket No. 2020‑0622‑AIR‑E on April 13, 2022, assessing $18,600 in administrative penalties with $3,720 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.

An agreed order was adopted regarding Blue Cube Operations LLC, Docket No. 2020‑1083‑AIR‑E on April 13, 2022, assessing $72,500 in administrative penalties with $14,500 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

A default order was adopted regarding Linda Mosbacker, Docket No. 2020‑1350‑MLM‑E on April 13, 2022, assessing $118,705 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting John S. Merculief II, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding the City of Hurst, Docket No. 2020‑1372‑WQ‑E on April 13, 2022, assessing $7,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Caleb Olson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Kuraray America, Inc., Docket No. 2020‑1431‑AIR‑E on April 13, 2022, assessing $8,775 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, 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 Hurricane Harbor LP, Docket No. 2020‑1523‑WQ‑E on April 13, 2022, assessing $15,000 in administrative penalties with $3,000 deferred. Information concerning any aspect of this order may be obtained by contacting Caleb Olson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding VITAL LINK, INC. dba Brazos Crossing, Docket No. 2020‑1577‑PWS‑E on April 13, 2022, assessing $1,520 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Julianne Matthews, 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 Blue Cube Operations LLC, Docket No. 2021‑0011‑AIR‑E on April 13, 2022, assessing $22,613 in administrative penalties with $4,522 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, 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 Kinder Morgan Texas Pipeline LLC, Docket No. 2021‑0235‑AIR‑E on April 13, 2022, assessing $6,750 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, 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 City of Pflugerville, Docket No. 2021‑0376‑MWD‑E on April 13, 2022, assessing $72,500 in administrative penalties. Information concerning any aspect of this order 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 the City of Frost, Docket No. 2021‑0600‑PWS‑E on April 13, 2022, assessing $2,800 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ecko Beggs, 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 A & M University, Docket No. 2021‑0624‑IWD‑E on April 13, 2022, assessing $39,375 in administrative penalties with $7,875 deferred. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, 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 Mitchel Wong as trustee of the Michael Y. Wong 1991 Trust, Mitchel Wong as trustee of the L. Shawn Wong 1991 Trust; Mitchel Wong as trustee of the Patrick Y. Wong 1991 Trust; and Mitchel Wong as trustee of the Shannon M. Wong 1991 Trust, Docket No. 2021‑0632‑MLM‑E on April 13, 2022, assessing $20,626 in administrative penalties with $4,124 deferred. Information concerning any aspect of this order may be obtained by contacting Alejandro Laje, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding KM Liquids Terminals LLC, Docket No. 2021‑0655‑IWD‑E on April 13, 2022, assessing $17,813 in administrative penalties with $3,562 deferred. Information concerning any aspect of this order may be obtained by contacting Alyssa Loveday, 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 Harris County Municipal Utility District No. 536, Docket No. 2021‑0754‑MWD‑E on April 13, 2022, assessing $20,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, 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 Mansfield Independent School District, Docket No. 2021‑0863‑MWD‑E on April 13, 2022, assessing $18,150 in administrative penalties with $3,630 deferred. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

TRD-202201396

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 13, 2022


Enforcement Orders

An agreed order was adopted regarding City of Bynum, Docket No. 2020‑1226‑MWD‑E on April 13, 2022, assessing $5,884 in administrative penalties with $1,176 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Van Landingham, 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 ABN Construction, LLC, Docket No. 2021‑0217‑WQ‑E on April 13, 2022, assessing $5,000 in administrative penalties with $1,000 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 City of Godley, Docket No. 2021‑0285‑MWD‑E on April 13, 2022, assessing $1,937 in administrative penalties with $387 deferred. Information concerning any aspect of this order 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 Charles A. Leonard dba Al Leonard Ranch, Docket No. 2021‑0425‑PWS‑E on April 13, 2022, assessing $2,489 in administrative penalties with $497 deferred. Information concerning any aspect of this order may be obtained by contacting Amanda Conner, 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 Lone Star Mulch and Compost LLC, Docket No. 2021‑0519‑MLM‑E on April 13, 2022, assessing $3,600 in administrative penalties with $720 deferred. Information concerning any aspect of this order may be obtained by contacting Stephanie Frederick, 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 NRG Texas Power LLC, Docket No. 2021‑0528‑AIR‑E on April 13, 2022, assessing $2,601 in administrative penalties with $520 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, 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 Equistar Chemicals, LP, Docket No. 2021‑0588‑AIR‑E on April 13, 2022, assessing $2,813 in administrative penalties with $562 deferred. Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, 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 Aqua Utilities, Inc., Docket No. 2021‑0619‑UTL‑E on April 13, 2022, assessing $1,070 in administrative penalties with $214 deferred. Information concerning any aspect of this order may be obtained by contacting Samantha Salas, 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 TRI-CON, INC. dba Exxpress Mart 27, Docket No. 2021‑0690‑PST‑E on April 13, 2022, assessing $225 in administrative penalties with $45 deferred. Information concerning any aspect of this order may be obtained by contacting Stephanie McCurley, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding IFZA ENTERPRISES INC dba Snack Time Food Mart 2, Docket No. 2021‑0726‑PST‑E on April 13, 2022, assessing $3,225 in administrative penalties with $645 deferred. Information concerning any aspect of this order may be obtained by contacting Berenice Munoz, 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 A&m express group Inc. dba TEX STAR FOOD MART, Docket No. 2021‑0758‑PST‑E on April 13, 2022, assessing $3,750 in administrative penalties with $750 deferred. Information concerning any aspect of this order may be obtained by contacting Sarah Smith, 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 GOPAL INTERNATIONAL, INC. dba Star Stop #3, Docket No. 2021‑0833‑PST‑E on April 13, 2022, assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Sarah Smith, 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 HOTSHORT INC dba Island Food Store, Docket No. 2021‑0851‑PST‑E on April 13, 2022, assessing $4,500 in administrative penalties with $900 deferred. Information concerning any aspect of this order may be obtained by contacting Karolyn Kent, 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. D. Weaver Ditching Service, Inc., Docket No. 2021‑1015‑AIR‑E on April 13, 2022, assessing $1,875 in administrative penalties with $375 deferred. Information concerning any aspect of this order may be obtained by contacting Katelyn Dacy, 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 Ashlyn Homes Inc, Docket No. 2021‑1365‑WQ‑E on April 13, 2022, assessing $875 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.

A field citation was adopted regarding Jacob E. Gonzalez, Docket No. 2021‑1583‑WOC‑E on April 13, 2022, assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Ecko Beggs, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

TRD-202201401

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 13, 2022


Notice of Application and Public Hearing for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls: Proposed Air Quality Registration Number 168136

APPLICATION. Coreslab Structures Texas Inc, 15916 Anderson Mill Road, Cedar Park, Texas 78613-7470 has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls Registration Number 168136 to authorize the operation of a concrete batch plant. The facility is proposed to be located at 15916 Anderson Mill Road, Cedar Park, Williamson County, Texas 78613. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=30.50694&lng=-97.85222&zoom=13&type=r. This application was submitted to the TCEQ on March 1, 2022. The primary function of this plant is to manufacture concrete by mixing materials including (but not limited to) sand, aggregate, cement and water. The executive director has determined the application was technically complete on March 31, 2022.

PUBLIC COMMENT / PUBLIC HEARING. Public written comments about this application may be submitted at any time during the public comment period. The public comment period begins on the first date notice is published and extends to the close of the public hearing. Public comments may be submitted either in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087, or electronically at www14.tceq.texas.gov/epic/eComment/. Please be aware that any contact information you provide, including your name, phone number, email address and physical address will become part of the agency's public record.

A public hearing has been scheduled, that will consist of two parts, an informal discussion period and a formal comment period. During the informal discussion period, the public is encouraged to ask questions of the applicant and TCEQ staff concerning the application, but comments made during the informal period will not be considered by the executive director before reaching a decision on the permit, and no formal response will be made to the informal comments. During the formal comment period, members of the public may state their comments into the official record. Written comments about this application may also be submitted at any time during the hearing. The purpose of a public hearing is to provide the opportunity to submit written comments or an oral statement about the application. The public hearing is not an evidentiary proceeding.

The Public Hearing is to be held:

Wednesday, May 18, 2022, at 6 p.m.

H-E-B Center at Cedar Park, Room MR 1

2100 Avenue of the Stars

Cedar Park, Texas 78613

RESPONSE TO COMMENTS. A written response to all formal comments will be prepared by the executive director after the comment period closes. The response, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments and the response to comments will be posted in the permit file for viewing.

The executive director shall approve or deny the application not later than 35 days after the date of the public hearing, considering all comments received within the comment period, and base this decision on whether the application meets the requirements of the standard permit.

CENTRAL/REGIONAL OFFICE. The application will be available for viewing and copying at the TCEQ Central Office and the TCEQ 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, beginning the first day of publication of this notice.

INFORMATION. If you need more information about this permit application or the permitting process, please call the Public Education Program toll free at (800) 687-4040. Si desea información en español, puede llamar al (800) 687-4040.

Further information may also be obtained from Coreslab Structures (Texas) Inc., 15916 Anderson Mill Road, Cedar Park, Texas 78613-7470, or by calling Mr. Paul W Henry PE, Engineer at (512) 281-6555.

Notice Issuance Date: April 8, 2022

TRD-202201369

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 12, 2022


Notice of District Petition

Notice issued April 7, 2022

TCEQ Internal Control No. D-03012022-001; LGI Homes-Texas, LLC, a Texas limited liability company (Petitioner) filed a petition for creation of Montgomery County Municipal Utility District No. 196 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ.

The petition states that: (1) the Petitioner holds title to a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 312.834 acres located within Montgomery County, Texas; and (4) the land within the proposed District is partially within the extraterritorial jurisdiction of the City of Cut and Shoot and partially within the unincorporated area of Montgomery County, and outside the corporate limits or extraterritorial jurisdiction of any other city, town, or village. By Resolution No. 97, passed and adopted on November 12, 2020, the City of Cut and Shoot, Texas, gave its consent to the creation of the proposed District, pursuant to Texas Water Code §54.016. The petition further states that the proposed District will: (1) purchase, construct, acquire, provide, operate, maintain, repair, improve, or extend, inside or outside its boundaries, any and all works, improvements, facilities, systems, plants, equipment, and appliances necessary or helpful to supply and distribute water for municipal, domestic, industrial, and commercial purposes; (2) collect, transport, process, dispose of, and control domestic, industrial, and commercial wastes; (3) gather, conduct, divert, abate, amend, and control local storm water or other local harmful excesses of water or provide adequate drainage in the proposed District; and (4) purchase, construct, acquire, provide, operate, maintain, repair, improve, or extend, inside or outside of its boundaries, such additional facilities, systems, plants, equipment, appliances, and enterprises as shall be consonant with all of the purposes for which the proposed District is created. Additionally, work and services which may be performed by the proposed District include the purchase, construction, acquisition, provision, operation, maintenance, repair, improvement, extension, and development of a roadway system and park and recreational facilities. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioner that the cost of said project will be approximately $43,300,000 ($22,800,000 for water, wastewater, and drainage plus $20,500,000 for roads).

INFORMATION SECTION

To view the complete issued notice, view the notice on our website at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the website, type in the issued date range shown at the top of this document to obtain search results.

The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the 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) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. 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. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. 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 Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our website at www.tceq.texas.gov.

TRD-202201287

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 7, 2022


Notice of District Petition

Notice issued April 7, 2022

TCEQ Internal Control No. D-02112022-019; Dripping Springs Partners, Limited Liability Company, a Texas limited liability company, a/k/a Dripping Springs Partners, LLC, a Texas limited liability company and 740 Sports Park, LLC, a Texas limited liability company (Petitioners) filed a petition for creation of Dripping Springs Municipal Utility District No. 1 (District) of Hays County with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ.

The petition states that: (1) the Petitioners hold title to a majority in value of the land to be included in the proposed District; (2) there are two lienholders, PlainsCapital Bank, a Texas state bank and BDK Capital Partners, LLC, a Texas limited liability company on the property to be included in the proposed District and the aforementioned entities have consented to the petition; (3) the proposed District will contain approximately 112.4 acres located within Hays County, Texas; and (4) all of the land within the proposed District is within the city limits of Dripping Springs, Texas, and no portion of the land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Resolution No. 2021-R33, passed and approved on October 19, 2021, the City of Dripping Springs, Texas, gave its consent to the creation of the proposed District, pursuant to Texas Water Code §54.016.

The petition further states that the proposed District will: (1) design, construct, acquire, improve, extend, finance, maintain, operate, convey, and issue bonds for an adequate and efficient water works and sanitary sewer system for domestic and commercial purposes; (2) design, construct, acquire, improve, extend, finance, maintain, operate, convey, and issue bonds for works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the proposed District and to control, abate, and amend local storm waters or other harmful excesses of water; (3) design, construct, acquire, improve, extend, finance, convey, and issue bonds for roads and improvements in aid of roads; and (4) design, construct, acquire, improve, extend, finance, maintain, operate, convey, and issue bonds for such other additional facilities, systems, plants, and enterprises as may be consonant with any or all of the purposes for which the proposed District is created. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioners that the cost of said project will be approximately $38,675,000 ($27,000,000 for water, wastewater, and drainage, plus $11,675,000 for roads).

INFORMATION SECTION

To view the complete issued notice, view the notice on our website at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the website, type in the issued date range shown at the top of this document to obtain search results.

The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the 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) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. 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. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. 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 Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our website at www.tceq.texas.gov.

TRD-202201288

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 7, 2022


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 23, 2022. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on May 23, 2022. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: Heiser, Inc.; DOCKET NUMBER: 2020-0309-MSW-E; TCEQ ID NUMBER: RN108823071; LOCATION: 319 East Carter Street, Pearsall, Frio County; TYPE OF FACILITY: tractor repair site; RULES VIOLATED: 30 TAC §328.56(d)(2), by failing to obtain a scrap tire storage registration for the site prior to storing more than 500 used or scrap tires on the ground or 2,000 used or scrap tires in trailers; and 30 TAC §324.15 and 40 Code of Federal Regulations §279.22(d), by failing to immediately clean up and properly dispose of any spills of used oil; PENALTY: $7,386; STAFF ATTORNEY: Jess Robinson, Litigation, MC 175, (512) 239-0455; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: Jose Luevano dba The Ice Box; DOCKET NUMBER: 2020-1328-PST-E; TCEQ ID NUMBER: RN101746493; LOCATION: 829 West United States Highway 57, La Pryor, Zavala County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(2), by failing to monitor the USTs for releases in a manner which will detect a release at a frequency of at least once every 30 days; and TWC, §26.3475(a) and 30 TAC §334.50(b)(1)(A), by failing to provide release protection for the pressurized piping associated with the UST system; PENALTY: $3,499; STAFF ATTORNEY: Casey Kurnath, Litigation, MC 175, (512) 239-5932; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(3) COMPANY: Texas Materials Group, Inc. fka Oldcastle Materials Texas, Inc.; DOCKET NUMBER: 2018-1115-AIR-E; TCEQ ID NUMBER: RN104992276; LOCATION: 14900 State Highway 121, Frisco, Collin County; TYPE OF FACILITY: hot mix asphalt plant; RULES VIOLATED: Texas Health and Safety Code (THSC), §382.085(b), 30 TAC §116.115(c), and New Source Review (NSR) Permit Number 8597, Special Condition (SC) Number 6.B, by failing to maintain the mix temperature of the asphalt concrete below 325 degrees Fahrenheit; THSC, §382.085(b), 30 TAC §116.115(b)(2)(E)(i) and (c), and NSR Permit Number 8597, SC Number 14, by failing to maintain records containing information and data sufficient to demonstrate compliance with the permit; and THSC, §382.085(a) and (b), and 30 TAC §101.4, by failing to prevent nuisance odor conditions; PENALTY: $45,000; STAFF ATTORNEY: Jess Robinson, Litigation, MC 175, (512) 239-0455; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-202201372

Gitanjali Yadav

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: April 12, 2022


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent the Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 23, 2022. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on May 23, 2022. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Ann Ridlehuber; DOCKET NUMBER: 2020-0875-IHW-E; TCEQ ID NUMBER: RN102319829; LOCATION: 718 Abbot Avenue, Hillsboro, Hill County; TYPE OF FACILITY: former metal plating operation; RULES VIOLATED: TWC, §26.121(a) and 30 TAC §335.4(1), by causing, suffering, allowing, or permitting the unauthorized disposal of industrial solid waste into or adjacent to any water in the state; 40 Code of Federal Regulations (CFR) §262.11 and 30 TAC §§335.62, 335.503(a), and 335.504, by failing to conduct hazardous waste determinations and waste classifications; 40 CFR §265.173(a) and 30 TAC §335.69(d)(1), by failing to keep hazardous waste containers closed, except when adding or removing waste; and 40 CFR §262.16(b) and 30 TAC §335.69(f), by failing to comply with the 180-day accumulation time limitation for the storage of industrial hazardous waste; PENALTY: $26,250; STAFF ATTORNEY: Taylor Pearson, Litigation, MC 175, (512) 239-5937; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: NEW HOPE CORNER STORE LLC; DOCKET NUMBER: 2020-0766-PST-E; TCEQ ID NUMBER: RN101561652; LOCATION: 400 Farm-to-Market Road 2933, McKinney, Collin County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.54(b)(2), by failing to maintain all piping, pumps, manways, tank access points and ancillary equipment in a capped, plugged, locked, and/or otherwise secured manner to prevent access, tampering, or vandalism by unauthorized persons; TWC, §26.3475(d) and 30 TAC §334.49(c)(4)(C) and §334.54(b)(3), by failing to inspect and test the cathodic protection system for operability and adequacy of protection; TWC, §26.3475(a) and (c)(1) and 30 TAC §3340.50(b) and §334.54(c)(1), by failing to monitor a temporarily out-of-service UST system for releases; 30 TAC §334.7(d)(1)(B) and (d)(3), by failing to notify the agency of any change or additional information regarding the UST system within 30 days of the occurrence of the change or addition; and 30 TAC §37.815(a) and (b) and §334.54(e)(5), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $12,471; STAFF ATTORNEY: Megan Grace, Litigation, MC 175, (512) 239-3334; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Veronica Breedlove; DOCKET NUMBER: 2021-0132-MLM-E; TCEQ ID NUMBER: RN111039293; LOCATION: 19100 Pickens Road, Washington, Washington County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) site; RULES VIOLATED: 30 TAC §330.15(a)(2) and (c), by causing, suffering, allowing, or permitting the unauthorized disposal of MSW; Texas Health and Safety Code, §382.085(b) and 30 TAC §111.201, by causing, suffering, allowing, or permitting outdoor burning within the State of Texas; PENALTY: $2,754; STAFF ATTORNEY: Jim Sallans, Litigation, MC 175, (512) 239-2053; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-202201373

Gitanjali Yadav

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: April 12, 2022


Notice of Water Quality Application

The following notice was issued on April 6, 2022

The following notice does not require publication in a newspaper. Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087 WITHIN 30 DAYS OF THE NOTICE BEING PUBLISHED IN THE TEXAS REGISTER.

INFORMATION SECTION

The Texas Commission on Environmental Quality (TCEQ) has initiated a minor amendment of the Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0011283001 issued on November 18, 2021 to correct the typographical errors in the pH monitoring frequency on Page 2 and Page 2a of the permit. The pH monitoring frequency will be changed to: The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored once per month by grab sample for Outfall 001; and the pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored twice per month by grab sample for Outfall 002. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day via Interim phase Outfall 001, a daily average flow not to exceed 500,000 gallons per day via Interim phase Outfall 002, and a daily average flow not to exceed 975,000 gallons per day via Final phase Outfall 002. The facility is located 1400 Roadrunner Road, in the City of Anna, Collin County, Texas 75409.

TRD-202201289

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 7, 2022


Texas Ethics Commission

List of Late Filers

April 6, 2022

Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report, or filing a late report, in reference to the specified filing deadline. If you have any questions, you may contact Scarlett Scalzo at (512) 463-5800.

Deadline: Semiannual Report due January 15, 2021 for Committees

Mildred Escobedo, People First, 903 E. Bugambilia, Hidalgo, Texas 78557

Deadline: Semiannual Report due January 18, 2022 for Committees

Rafael Alcoser, San Antonio Young Democrats, 3000 IH 10 West, San Antonio, Texas 78201

Matt Armstrong, We Love Aubrey, 1011 Surrey Ln., Bldg. 200, Flower Mound, Texas 75022

Tommy Azopardi, Texans for Economic Development, PO Box 685138, Austin, Texas 78768

Kimberly Barrier, Erath County Republican Party (CEC), 1150 North Lydia, Stephenville, Texas 76401

Lindsay Jack Branton, Balch Springs Fire Fighters Political Action Committee, P.O. Box 800034, Balch Springs, Texas 75180

Travis A. Bryan, Texas Senate District 11, P.O. Box 7334, Pasadena, Texas 77508

Diana C. Cardona, Texas Retailers Association PAC, 6204 Perlita Dr., Austin, Texas 78724

Logan M. Cheney, Fight for Austin, 5609 Tura Ln. Unit B, Austin, Texas 78721

Angela Darden, Move Tarrant Forward, 2716 York Ct., Southlake, Texas 76092

Wendy R. Davis, Wendy R. Davis for Governor, Inc., P.O. Box 1039, Fort Worth, Texas 76101

Dorothy Dawson, The Peoples Political Action Committee, 5859 Hirondel, Houston, Texas 77033

Chanley Delk, Big Spring Professional Firefighters PAC, 2210 S County Road 1085, Midland, Texas 79706

Gary I. Dixon, Port Arthur Community Political Action Committee, 2302 Bayou Dr., Port Arthur, Texas 77640

Mildred Escobedo, People First, 903 E. Bugambilia, Hidalgo, Texas 78557

John T. Floyd, Alliance for a New Justice System, 4900 Woodway Dr. #725, Houston, Texas 77056

Victor Garza, Hispanic Pac of Dallas, 1705 Yorkshire Dr., Richardson, Texas 75082

Anna Golden, Focus On The Kids PAC, 2100 E Gann Hill Dr, Cedar Park, Texas 78613

Elizabeth Castro Gray, Republican National Hispanic Assembly - Texas Chapter, 7717 Louetta Rd. Ste. 11084, Spring, Texas 77379

Juan Roberto Hernandez, Bexar County Tejano Democrats SD26, PO Box 29275, San Antonio, Texas 78229

Taylor L. Hogeland, A Better Hays PAC, 2022 Ford St., Austin, Texas 78704

Eddie Johnson III, Black Equity PAC, 20770 US HWY 281 N. Ste. 108-195, San Antonio, Texas 78258

Ashley R. Kamrath, Keep Texas Great PAC, 6301 Riverside Dr., Irving, Texas 75039

Matthew H. Logan, Family and Economic Prosperity PAC, 2303 Glenburn Dr., Kingwood, Texas 77345

Glenda Macal, Fort Bend Employee Federation Committee on Political Education, 12621 W. Airport Blvd. Ste. 400, Sugar Land, Texas 77478

Steve Mickelson, Citizens For A Better Farmers Branch, 701 Longspur Blvd., Austin, Texas 78753

Charles G. Rencher, Fort Bend Breakfast Club Political Action Committee, 1730 Hodge Lake Ln., Sugar Land, Texas 77478

Charles M. Sutton, Fort Bend Breakfast Club Political Action Committee, 1730 Hodge Lake Ln., Sugar Land, Texas 77478

Anastasia Wilford, LPCounties, 550 San Antonio St., Jacksonville, Texas 75766

Julian Wilson, Change Texas PAC, 11435 Devencrest Dr., Houston, Texas 77066

TRD-202201301

Anne Temple Peters

Executive Director

Texas Ethics Commission

Filed: April 8, 2022


Texas Health and Human Services Commission

Criminal History Requirements for Child Care Operations

(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the charts are not included in the print version of the Texas Register. The charts are available in the on-line version of the April 22, 2022, issue of the Texas Register.)

26 TAC §745.661 (relating to What types of criminal convictions may affect a person's ability to be present at an operation?) states that the three charts listed in subsection (a) of this section are updated annually and published every January in the Texas Register as an "In Addition" document. The three charts are entitled: (1) Licensed or Certified Child Care Operations: Criminal History Requirements; (2) Foster or Adoptive Placements: Criminal History Requirements; and (3) Registered Child Care Homes and Listed Family Homes: Criminal History Requirements.

On January 7, 2022, the charts and the proposed changes to these charts were published and made available for written public comment in the Texas Register (47 TexReg 47). The written public comment period closed on February 6, 2022. Six comments were received from six commenters who represented childcare centers, a child-placing agency, and themselves. Five of the six comments related to general background check matters unrelated to the charts that were subject to comment. However, one comment did relate to the charts. A summary of this comment and HHSC's response is as follows:

COMMENT: the commenter indicated there should be absolute bars for the following offenses: (1) Penal Code §39.04, Violations of the Civil Rights of Person in Custody, Improper Sexual Activity with Person in Custody (felony or misdemeanor); (2) Penal Code §43.262, Possession or Promotion of Lewd Visual Material Depicting Child (felony); and (3) Code of Criminal Procedure Art. 62.102, Failure to Comply with Registration Requirements (felony).

RESPONSE: HHSC agrees with the commenter that a conviction for Penal Code §43.262 or Code of Criminal Procedure Art. 62.102 should result in an absolute bar. A conviction for these offenses reflects a risk to children in care that does not require a risk evaluation. On the other hand, HHSC disagrees with the commenter that a conviction for Penal Code §39.04 should result in an absolute bar. In some instances, this offense may involve sexual contact, sexual intercourse, or deviate sexual intercourse with a person in custody, including in the custody of the Texas Juvenile Justice Department; a conviction based on such behavior could reflect a risk to children no matter when the conviction occurred. However, other convictions for denying or impeding any right, privilege, or immunity may not reflect an ongoing risk. Therefore, a conviction for this offense requires a risk evaluation in order to determine whether the person poses a threat to children in care. The subject of the background check may be denied eligibility for a child-care role as a result of the risk evaluation; therefore, risk to children is mitigated even in the absence of an absolute bar for the offense. HHSC has updated the charts to reflect that a conviction for Penal Code §43.262 or Code of Criminal Procedure Art. 62.102 results in an absolute bar. In order to be consistent with the update regarding Code of Criminal Procedure Art. 62.102, HHSC has also updated the charts regarding when a risk evaluation is necessary for a conviction for Penal Code §30.02 (Burglary). A person is required to register in the first place for a "reportable conviction or adjudication," which Code of Criminal Procedure Art. 62.001(5) defines to include a burglary conviction that meets certain criteria, including that the burglary related to a habitation. Accordingly, HHSC has updated the charts to require a risk evaluation for a conviction related to the burglary of a habitation, no matter when the conviction occurred, and continue to require a risk evaluation for a burglary conviction that did not involve a habitation only if the conviction occurred in the previous 10 years.

In addition to the above response, HHSC has updated the charts to (1) correct the inadvertent omission of Penal Code §38.112, Violation of Protective Order Issued on Basis of Sexual Assault or Abuse, Stalking, or Trafficking (misdemeanor) from the published chart regarding Foster or Adoptive Placements so that this offense will continue to be on this chart in addition to the other two charts; (2) correct the offense title for Code of Criminal Procedure Art. 62.102; and (3) make other non-substantive changes relating to capitalization, spacing, and formatting that did not relate to a comment.

The three Criminal History Requirements charts are adopted with changes to the proposed text as published in the January 7, 2022, issue of the Texas Register (47 TexReg 47).

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

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

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

TRD-202201389

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: April 13, 2022


Notice of Public Hearing on Proposed Payment Rates for Financial Management Services Agency (FMSA) as part of the SFY 2022-23 Biennial Fee Review

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 16, 2022, at 9:00 a.m. in the Public Hearing Room 125 of the John H. Winters Building, 701 W. 51st St., Austin, Texas 78751, to receive public comments on the proposed payment rates for the multiple Long-term Services and Supports (LTSS) programs.

Increased payment rates are proposed for FMSA rates in Community Living Assistance & Support Services (CLASS), Community Care for Aged/Disabled (CCAD), Community Attendant Services (CAS), Family Care (FC), Primary Home Care (PHC), Consumer Managed Personal Attendant Services (CMPAS), Home and Community Based Services (HCBS), Texas Home Living (TxHmL), Deaf-Blind Multiple Disabilities (DBMD), Personal Care Services (PCS), STAR+PLUS, STAR Health, and STAR Kids as part of the state fiscal years 2022-23 Quarter 2 biennial fee review.

This hearing will also be available online. To join the hearing from your computer, tablet, or smartphone, register for the hearing in advance using the following link: https://attendee.gotowebinar.com/register/787443162099286285, webinar ID: 501-375-475. After registering, you will receive a confirmation email containing information about joining the hearing. You can also dial in using your phone at (631) 992-3221, access code 955-766-486.

If you are new to GoToWebinar, please download the GoToMeeting app at https://global.gotomeeting.com/install/626873213 before the hearing starts.

The hearing will be held in compliance with Texas Human Resources Code Section 32.0282, which requires public notice of hearings on proposed Medicaid reimbursements. HHSC will archive the public hearing; the archive can be accessed on-demand after the hearing at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings.

Proposal. HHSC proposes to increase payment rates for FMSA services in the CLASS, CCAD, CAS, FC, PHC, CMPAS, HCBS, TxHmL, DBMD, PCS, STAR+PLUS, STAR Health, and STAR Kids programs, effective September 1, 2022.

Methodology and Justification. The proposed payment rates for FMSA services were determined according to the rate-setting methodologies codified at 1 TAC Section 355.114.

Briefing Packet. A briefing packet describing the proposed payment rates will be available at https://pfd.hhs.texas.gov/rate-packets no later than May 1, 2022. Interested parties may also obtain a copy of the briefing packet prior to 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.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. 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, 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 Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, North Austin Complex Building, 4601 W Guadalupe St., Austin, Texas 78751.

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

Persons with disabilities who wish to participate in the hearing and require auxiliary aids or services should contact Provider Finance at (512) 730-7401 at least 72 hours before the hearing so appropriate arrangements can be made.

TRD-202201368

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: April 12, 2022


Notice of Public Hearing on Proposed Updates to Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 16, 2022, at 9:00 a.m., to receive public comments on proposed updates to Medicaid payment rates resulting from Calendar Fee Reviews, Medical Policy Reviews, Healthcare Common Procedure Coding System HCPCS Reviews, and Special Policy Review.

Due to the declared state of disaster stemming from COVID-19, 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/787443162099286285

Webinar ID: 501-375-475

Conference Number (for those who use phone Audio and not a computer): (631) 992-3221

Phone Audio Passcode: 955-766-486

Audio PIN: (Please note, in order to receive a PIN to speak, registration is required.)

The hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements. A recording of the hearing will be archived and can be accessed on demand at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings.

Proposal. The effective date of the proposed payment rates for the topics presented during the rate hearing will be as follows:

Effective January 1, 2022

HCPCS Review:

Surgery, Assistant Surgery Services - TOS 2 (Surgery Services), and TOS 8 (Assistant Surgery)

Effective June 1, 2022

Medical Policy Review:

Physician Administered Drugs: Zyvox (J2020)

Physician Administered Drugs: Anavip (J0841)

Effective September 1, 2022

Calendar fee Review:

Birthing Center

Cardiovascular System Surgery

Digestive System Surgery

G Codes (Acute Care)

G Codes (Hospitals)

K Codes

Nervous System Surgery

Physician Administered Drugs: NDCX

Physician Administered Drugs: Non-Oncology

Physician Administered Drugs: Oncology

Physician Administered Vaccines and Toxoids

Proton Therapy

Respiratory System Surgery

T Codes

Urinary System Surgery

Vision Devices

Personal Care Services

HCPCS Review:

Quarter 3 HCPCS Drugs

Quarter 4 HCPCS Drugs

Medical Policy Review:

Wound Care Management

Wound Care Skin Substitutes

Physician Administered Drugs: Ajovy (J3031)

Special Review:

Nuclear Medicine

Methodology and Justification. The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code:

Section §355.8021, Reimbursement Methodology for Home Health Services

Section §355.8085, Reimbursement Methodology for Physicians and Other Practitioners;

Section §355.8441, Reimbursement Methodologies for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Services, also known as Texas Health Steps (THSteps) and the THSteps Comprehensive Care Program (CCP);

Section §355.8181, Reimbursement methodology for Birthing Center reimbursement;

Section §355.8061, Reimbursement for outpatient hospitals;

Section §355.8121, Reimbursement for ambulatory surgical centers; and

Section §355.8660, Reimbursement Methodology for Renal Dialysis.

Rate Hearing Packet. A briefing packet describing the proposed payment rates will be made available at https://pfd.hhs.texas.gov/rate-packets on or after May 6, 2022. Interested parties may obtain a copy of the briefing packet on or after that date by contacting Provider Finance by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at PFDAcuteCare@hhs.texas.gov.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5 p.m. 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, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Provider Finance at (512) 730-7475; or by e-mail to PFDAcuteCare@hhs.texas.gov. In addition, written comments may be sent by overnight mail to Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, North Austin Complex, 4601 Guadalupe St, Austin, Texas 78751.

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

Persons with disabilities who wish to participate in the hearing and require auxiliary aids or services should contact Provider Finance at (512) 730-7401 at least 72 hours before the hearing so appropriate arrangements can be made.

TRD-202201388

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: April 12, 2022


Notice of Public Hearing on Revenue Code 881 for End-Stage Renal Disease (ESRD) Facility Reimbursement

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing to receive comments regarding the Medical Policy Review of End Stage Renal Disease (ESRD) Facilities. HHSC proposes that, effective March 1, 2022, revenue code 881 will be a benefit of the Texas Medicaid Program. HHSC will hold the hearing on the proposal on May 16, 2022, at 9:00 a.m.

This public hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires a public hearing on proposed payment adjustments. Due to the declared state of disaster stemming from COVID-19, 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:

https://attendee.gotowebinar.com/register/787443162099286285

After registering, you will receive a confirmation email containing information about joining the hearing. You can also dial using your phone by calling (631) 992-3221, Access code: 955-766-486.

If you are new to GoToWebinar, please download the GoToMeeting app at https://global.gotomeeting.com/install/626873213 before the hearing starts.

Members of the public may attend the rate hearing in person, which will be held in Public Hearing Room 125 in the John H. Winters Building located at 701 W. 51st Street, Austin, Texas, or access a live stream of the meeting here: https://www.hhs.texas.gov/about-hhs/communications-events/live-archived-meeting. For the live stream, select the "Winters Live" tab.

A recording of the webinar will be archived and can be accessed after the hearing at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings

Summary

HHSC has added revenue code 881 to conform with medical policy for ESRD Facilities, effective March 1, 2022.

Methodology

Revenue code 881 was added as a benefit to comply with the associated ESRD medical policy, which requires provider notification.

Proposed Rate Adjustments

Implementation of revenue code 881.

Written Comments. Written comments regarding the proposed implementation of payable revenue code changes may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail, overnight mail, special delivery mail, fax, or e-mail.

U.S. Mail

Health and Human Services Commission

Provider Finance Department, Mail Code H-400

P.O. Box 149030

Austin, Texas 78714-9030

Overnight mail or special delivery mail

Health and Human Services Commission

Provider Finance Department, Mail Code H-400

North Austin Complex

4601 W. Guadalupe St.

Austin, Texas 78751

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

Fax

Attention: Provider Finance at (512) 730-7475

E-mail

PFD_Hospitals@hhsc.state.tx.us

This public rate hearing briefing packet presents proposed implementation of payable revenue code changes and will be made available on the HHSC website at https://pfd.hhs.texas.gov/proposed-rate-packets on or after May 6, 2022.

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

Persons with disabilities who wish to participate in the hearing and require auxiliary aids or services should contact Provider Finance at (512) 730-7401 at least 72 hours before the hearing so appropriate arrangements can be made.

TRD-202201367

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: April 12, 2022


Department of State Health Services

Licensing Actions for Radioactive Materials (.pdf)

TRD-202201284

Cynthia Hernandez

General Counsel

Department of State Health Services

Filed: April 6, 2022


Texas Department of Insurance

Company Licensing

Application to do business in the state of Texas for Intrepid Casualty Company, a foreign fire and/or casualty company. The home office is in Overland Park, Kansas.

Application for Guggenheim Life and Annuity Company, a foreign life, accident and/or health company, to change its name to Clear Spring Life and Annuity Company. The home office is in Wilmington, Delaware.

Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of John Carter, 333 Guadalupe Street, MC 103-CL, Austin, Texas 78701.

TRD-202201286

Justin Beam

Chief Clerk

Texas Department of Insurance

Filed: April 7, 2022


Company Licensing

Application to do business in the state of Texas for American Freedom Insurance Company, a foreign fire and/or casualty company. The home office is in Mount Prospect, Illinois.

Application for North American Title Insurance Company, a foreign title company, to change its name to Doma Title Insurance, Inc. The home office is in Miami, Florida.

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, 333 Guadalupe Street, MC 103-CL, Austin, Texas 78701.

TRD-202201395

Justin Beam

Chief Clerk

Texas Department of Insurance

Filed: April 13, 2022


Texas Department of Licensing and Regulation

Course of Organized Instruction (COI) for Driving Safety

The Texas Commission of Licensing and Regulation adopts amendments to the Course of Organized Instruction (COI) for Driving Safety without changes to the COI as published in the In Addition section of the February 4, 2022, issue of the Texas Register (47 TexReg 554). The COI will not be republished. The COI for Driving Safety is incorporated by reference with the adopted amendments to Chapter 84, Subchapter A, §84.3; and Subchapter M, §§84.500, 84.502 - 84.504, and 84.507, regarding the Driver Education and Safety Program. The rule adoption is published in the Adopted Rules section of the April 29, 2022, issue of the Texas Register.

TRD-202201357

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Filed: April 11, 2022


Course of Organized Instruction (COI) for Specialized Driving Safety

The Texas Commission of Licensing and Regulation adopts amendments to the Course of Organized Instruction (COI) for Driving Safety without changes to the COI as published in the In Addition section of the February 4, 2022, issue of the Texas Register (47 TexReg 554). The COI will not be republished. The COI for Driving Safety is incorporated by reference with the adopted amendments to Chapter 84, Subchapter A, §84.3; and Subchapter M, §§84.500, 84.502 - 84.504, and 84.507, regarding the Driver Education and Safety Program. The rule adoption is published in the Adopted Rules section of the April 29, 2022, issue of the TexasRegister.

TRD-202201362

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Filed: April 11, 2022


Program of Organized Instruction (POI) for Driver Education and Traffic Safety

(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure is not included in the print version of the Texas Register. The figure is available in the on-line version of the April 22, 2022, issue of the Texas Register.)

The Texas Commission of Licensing and Regulation adopts amendments to the Program of Organized Instruction (POI) for Driver Education and Traffic Safety with changes to the POI as published in the In Addition section of the February 4, 2022, issue of the Texas Register (47 TexReg 570). The POI will be republished. The POI for Driver Education and Traffic Safety is incorporated by reference with the adopted amendments to Chapter 84, Subchapter A, §84.3; and Subchapter M, §§84.500, 84.502 - 84.504, and 84.507, regarding the Driver Education and Safety Program. The rule adoption is published in the Adopted Rules section of the April 29, 2022, issue of the Texas Register.

Figure: Program of Organized Instruction (POI) for Driver Education and Traffic Safety (.pdf)

TRD-202201361

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Filed: April 11, 2022


Program of Organized Instruction (POI) for Driver Education and Traffic Safety (Adult Six-Hour)

The Texas Commission of Licensing and Regulation adopts amendments to the Program of Organized Instruction (POI) for Driver Education without changes to the POI as published in the In Addition section of the February 4, 2022, issue of the Texas Register (47 TexReg 570). The POI will not be republished. The POI for Driver Education for Specialized Driving Safety is incorporated by reference with the adopted amendments to Chapter 84, Subchapter A, §84.3; and Subchapter M, §§84.500, 84.502 - 84.504, and 84.507, regarding the Driver Education and Safety Program. The rule adoption is published in the Adopted Rules section of the April 29, 2022, issue of the Texas Register.

TRD-202201360

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Filed: April 11, 2022


Program of Organized Instruction (POI) for Drug and Alcohol Driving Awareness Programs (DADAP)

The Texas Commission of Licensing and Regulation adopts amendments to the Program of Organized Instruction (POI) for Drug and Alcohol Driving Awareness Programs (DADAP) without changes to the POI-DADAP as published in the In Addition section of the February 4, 2022, issue of the Texas Register (47 TexReg 578). The POI-DADAP will not be republished. The POI-DADAP is incorporated by reference with the adopted amendments to Chapter 84, Subchapter A, §84.3; and Subchapter M, §§84.500, 84.502 - 84.504, and 84.507, regarding the Driver Education and Safety Program. The rule adoption is published in the Adopted Rules section of the April 29, 2022, issue of the Texas Register.

TRD-202201359

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Filed: April 11, 2022


Texas Parks and Wildlife Department

Notice of Proposed Real Estate Transactions

Grant of Utility Easement - Brazoria County

Approximately 2.1 Acres at the Justin Hurst Wildlife Management Area

In a meeting on May 26, 2022, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing the grant of a utility easement of approximately 2.1 acres at the Justin Hurst Wildlife Management Area. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, or by email to ted.hollingsworth@tpwd.texas.gov, or via the department's website at www.tpwd.texas.gov. Please be aware that public participation options may change due to the COVID-19 pandemic. Visit the TPWD website at tpwd.texas.gov for the latest information.

Acquisition of Land - Aransas County

Approximately 52 Acres at Goose Island State Park

In a meeting on May 26, 2022, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing an acquisition of approximately 52 acres at Goose Island State Park. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, or by email to ted.hollingsworth@tpwd.texas.gov, or via the department's website at www.tpwd.texas.gov. Please be aware that public participation options may change due to the COVID-19 pandemic. Visit the TPWD website at tpwd.texas.gov for the latest information.

Exchange of Land - Reeves County

Approximately 5 Acres at Balmorhea State Park

In a meeting on May 26, 2022, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing an exchange of approximately 5 acres at Balmorhea State Park. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Trey Vick, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, or by email to trey.vick@tpwd.texas.gov, or via the department's website at www.tpwd.texas.gov. Please be aware that public participation options may change due to the COVID-19 pandemic. Visit the TPWD website at tpwd.texas.gov for the latest information.

Acquisition of Land - Aransas County

Approximately .5 Acres at the Rockport State Parks Region 2 Headquarters

In a meeting on May 26, 2022, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing the acquisition of approximately .5 acres at the Rockport State Parks Region 2 Headquarters. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Trey Vick, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, or by email to trey.vick@tpwd.texas.gov, or via the department's website at www.tpwd.texas.gov. Please be aware that public participation options may change due to the COVID-19 pandemic. Visit the TPWD website at tpwd.texas.gov for the latest information.

Acquisition of Land - Bexar County

Approximately 126 Acres at Government Canyon State Natural Area

In a meeting on May 26, 2022, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing the acquisition of approximately 126 acres at Government Canyon State Natural Area. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Jason Estrella, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, or by email to jason.estrella@tpwd.texas.gov, or via the department's website at www.tpwd.texas.gov. Visit the TPWD website at tpwd.texas.gov for the latest information regarding the Commission meeting.

Grant of Pipeline Easement - Brazoria County

Approximately 2 Acres at the Justin Hurst Wildlife Management Area

In a meeting on May 26, 2022, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing the grant of a pipeline easement of approximately 2 acres at the Justin Hurst Wildlife Management Area. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Ted Hollingsworth, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, or by email to ted.hollingsworth@tpwd.texas.gov, or via the department's website at www.tpwd.texas.gov. Please be aware that public participation options may change due to the COVID-19 pandemic. Visit the TPWD website at tpwd.texas.gov for the latest information.

Acquisition of Land - Burnet County

Approximately 35 Acres at Longhorn Cavern State Park

In a meeting on May 26, 2022, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing the acquisition of approximately 35 acres at Longhorn Cavern State Park. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Jason Estrella, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, or by email to jason.estrella@tpwd.texas.gov, or via the department's website at www.tpwd.texas.gov. Visit the TPWD website at tpwd.texas.gov for the latest information regarding the Commission meeting.

Acquisition of Land - Gillespie County

Approximately 41 Acres at Enchanted Rock State Natural Area

In a meeting on May 26, 2022, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing the acquisition of approximately 41 acres at Enchanted Rock State Natural Area. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Trey Vick, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, or by email to trey.vick@tpwd.texas.gov, or via the department's website at www.tpwd.texas.gov. Please be aware that public participation options may change due to the COVID-19 pandemic. Visit the TPWD website at tpwd.texas.gov for the latest information.

Acquisition of Land - Harrison County

Approximately 0.5 Acres at Caddo Lake State Park

In a meeting on May 26, 2022, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing the acquisition of approximately 0.5 acres at Caddo Lake State Park. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Stan David, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, or by email to stan.david@tpwd.texas.gov, or via the department's website at www.tpwd.texas.gov. Visit the TPWD website at tpwd.texas.gov for the latest information regarding the Commission meeting.

Acquisition of Land - Kimble County

Approximately 15 Acres at South Llano River State Park

In a meeting on May 26, 2022, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing the acquisition of approximately 15 acres at South Llano River State Park. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Trey Vick, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, or by email to trey.vick@tpwd.texas.gov, or via the department's website at www.tpwd.texas.gov. Please be aware that public participation options may change due to the COVID-19 pandemic. Visit the TPWD website at tpwd.texas.gov for the latest information.

TRD-202201399

Colette Barron Bradsby

Assistant General Counsel

Texas Parks and Wildlife Department

Filed: April 13, 2022


Texas Public Finance Authority

Texas Natural Gas Securitization Finance Corporation Request for Proposals for Underwriting Services

The Texas Natural Gas Securitization Finance Corporation (the "Corporation") solicits this Request for Proposals ("RFP") from investment banks for the purpose of underwriting Customer Rate Relief Bonds pursuant to HB 1520 and the Financing Order transmitted to the Texas Public Finance Authority by the Railroad Commission of Texas on February 24, 2022. It is anticipated that Customer Rate Relief Bonds will be issued by mid-August 2022. Firms may indicate whether they wish to be considered for a senior managing role or a co-managing role. Firms that submit a proposal for senior manager, and that are not selected for that role, may be subsequently evaluated for inclusion as a co-manager. Firms that submit a proposal for co-manager will only be considered and evaluated for this role.

A copy of the RFP is available on the Authority's website at http://www.tpfa.state.tx.us/rfp.aspx and the Electronic State Business Daily ("ESBD") at http://www.txsmartbuy.com/esbd.

Responses are due no later than 3:00 p.m. (CT) on April 22, 2022, pursuant to the instructions in the RFP.

TRD-202201303

Lee Deviney

Executive Director

Texas Public Finance Authority

Filed: April 8, 2022


Supreme Court of Texas

Preliminary Approval of Amendments to Rules 38.1(a), 52.3(a), 53.2(a), and 55.2(a) of the Texas Rules of Appellate Procedure (.pdf)

TRD-202201383

Jaclyn Daumerie

Rules Attorney

Supreme Court of Texas

Filed: April 12, 2022