IN ADDITION

Comptroller of Public Accounts

Certification of the Average Closing Price of Gas and Oil - February 2022

The Comptroller of Public Accounts, administering agency for the collection of the Oil Production Tax, has determined, as required by Tax Code, §202.058, that the average taxable price of oil for reporting period February 2022 is $53.90 per barrel for the three-month period beginning on November 1, 2021, and ending January 31, 2022. Therefore, pursuant to Tax Code, §202.058, oil produced during the month of February 2022, from a qualified low-producing oil lease, is not eligible for credit on the oil production tax imposed by Tax Code, Chapter 202.

The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined, as required by Tax Code, §201.059, that the average taxable price of gas for reporting period February 2022 is $3.27 per mcf for the three-month period beginning on November 1, 2021, and ending January 31, 2022. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of February 2022, from a qualified low-producing well, is eligible for a 25% credit on the natural gas production tax imposed by Tax Code, Chapter 201.

The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of West Texas Intermediate crude oil for the month of February 2022 is $91.63 per barrel. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall not exclude total revenue received from oil produced during the month of February 2022, from a qualified low-producing oil well.

The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of gas for the month of February 2022 is $4.46 per MMBtu. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall exclude total revenue received from gas produced during the month of February 2022, from a qualified low-producing gas well.

Inquiries should be submitted to Jenny Burleson, Director, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.

This agency hereby certifies that legal counsel has reviewed this notice and found it to be within the agency's authority to publish.

Issued in Austin, Texas, on March 29, 2022.

TRD-202201079

William Hamner

Special Counsel for Tax Administration

Comptroller of Public Accounts

Filed: March 29, 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 04/04/22 - 04/10/22 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 04/04/22 - 04/10/22 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-202201081

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: March 29, 2022


Deep East Texas Council of Governments

Deep East Texas Council of Governments Area Agency on Aging Public-Notice Request for Proposals Senior Nutrition Program

The Deep East Texas Council of Governments - Area Agency on Aging (DETAAA) is seeking proposals from interested and qualified organizations to provide nutrition services for PSA region #14 - Deep East Texas Senior Nutrition Program FY 2022 - 2023 contract cycle.

Nutrition services means the procurement, preparation, transport, and service of meals in both congregate settings and older adults' homes and also includes outreach, client assessments, monthly program reporting and fiscal administration. The program's objective is to provide high-quality, nutritionally balanced meals, nutrition counseling and education and related supportive services to persons aged 60 years and older. Funding for these services is provided through the Older Americans Act, Title IIIC, and is limited.

Interested responders should refer to DETCOG RFP No. AAA-SNP-23.

Proposals will be scored on the basis of:

Quality Assurance - 30 Points Possible

Agency's History, Performance and Capacity - 30 Points Possible

Utilization of Program Funds - 40 points possible

Submission of Letter of Intent by April 25, 2022 - 5 BONUS Points

Total Points Possible - 105

DETCOG-AAA Reserves the right to reject all proposals or negotiate with any or all qualified applicants.

Complete details of RFP No. AAA-SNP-23 and Conditions for Submittal can be found at:

https://www.detcog.gov/rfps-rfqs

or by contacting

Tyson Silas

(936) 634-2247 ext 5356

tsilas@detcog.gov

The closing date of this RFP is 2:00 p.m. CDT, Friday, May 27, 2022

TRD-202201086

Lonnie Hunt

Executive Director

Deep East Texas Council of Governments

Filed: March 30, 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 9, 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 9, 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: CHEVRON PHILLIPS CHEMICAL COMPANY LP; DOCKET NUMBER: 2021-1056-AIR-E; IDENTIFIER: RN100215615; LOCATION: Orange, Orange County; TYPE OF FACILITY: polyethylene manufacturing plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), New Source Review Permit Number 4140A, Special Conditions Number 1, Federal Operating Permit Number O1310, General Terms and Conditions and Special Terms and Conditions Number 9, and Texas Health and Safety Code, §382.085(b), by failing to comply with the maximum allowable emissions rates; PENALTY: $49,950; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $19,980; ENFORCEMENT COORDINATOR: Kate Dacy, (512) 239-4593; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(2) COMPANY: City of Round Rock, City of Cedar Park, and City of Austin; DOCKET NUMBER: 2020-0964-MLM-E; IDENTIFIER: RN100822600; LOCATION: Round Rock, Williamson County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1) and Texas Pollutant Discharge Elimination System (TPDES) General Permit Number TXR05EN54, Part III, Section A.1, by failing to maintain a complete stormwater pollution prevention plan; and 30 TAC §305.125(1), TWC, §26.121(a)(1), and TPDES Permit Number WQ0010264002, Permit Conditions Number 2.g, by failing to prevent an unauthorized discharge of sewage into or adjacent to any water in the state; PENALTY: $19,480; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $19,480; ENFORCEMENT COORDINATOR: Caleb Olson, (817) 588-5856; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.

(3) COMPANY: City of Sinton; DOCKET NUMBER: 2021-0676-MWD-E; IDENTIFIER: RN101916740; LOCATION: Sinton, San Patricio County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0010055001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $14,062; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $11,250; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5865; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(4) COMPANY: City of Streetman; DOCKET NUMBER: 2021-0969-PWS-E; IDENTIFIER: RN101424323; LOCATION: Streetman, Freestone 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 by the tenth day of the month following the end of each quarter for the first quarter of 2019 through the first quarter of 2021; PENALTY: $4,255; ENFORCEMENT COORDINATOR: America Ruiz, (512) 239-2601; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(5) COMPANY: Emilio Chavez Cano; DOCKET NUMBER: 2020-0897-AGR-E; IDENTIFIER: RN102078649; LOCATION: Miles, Runnels County; TYPE OF FACILITY: dairy farm; RULES VIOLATED: 30 TAC §305.125(1) and §321.38(b)(2) and Texas Pollutant Discharge Elimination System (TPDES) General Permit Number TXG921548, Part III, A.4(c)(1)(ii), by failing to maintain a minimum buffer zone of 150 feet between a control facility of an animal feeding operation and a water well used for private water supply; 30 TAC §305.125(1) and §321.39(b)(2) and TPDES General Permit Number TXG921548, Part III, A.10(a), by failing to ensure that the required retention capacity is available to contain rainfall and rainfall runoff from the design rainfall event; 30 TAC §305.125(1) and §321.39(c)(1) and TPDES General Permit Number TXG921548, Part III, A.10(e), by failing to remove sludge from the retention control structure (RCS) in accordance with the design schedule for cleanout to prevent the accumulation of sludge from encroaching on the volumes reserved for minimum treatment; 30 TAC §305.125(1) and §321.46(c)(3) and TPDES General Permit Number TXG921548, Part III, A.15(a)(4)(i), by failing to conduct monthly inspections on mortality management systems, including containers, burial sites, composting facilities, incinerators, and chemical storage and disposal areas; 30 TAC §305.125(1) and §321.47(e)(4) and TPDES General Permit Number TXG921548, Part III, A.6(e), by failing to ensure that adequate equipment is available and maintained in good working order to remove such manure, sludge, and wastewater from the RCS as required to maintain the required volume; and 30 TAC §305.125(1) and (4) and §321.31(a), TWC, §26.121(a)(1), and TPDES General Permit Number TXG921548, Part III, A.5(a)(2), by failing to prevent the unauthorized discharge of agricultural waste into or adjacent to any water in the state; PENALTY: $11,375; ENFORCEMENT COORDINATOR: Caleb Olson, (817) 588-5856; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(6) COMPANY: Lake Livingston Water Supply Corporation; DOCKET NUMBER: 2021-0841-PWS-E; IDENTIFIER: RN105711907; LOCATION: Trinity, Polk County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(d)(3)(A), by failing to have the recycle stream returned to the raw waterline upstream of the raw water sample tap; 30 TAC §290.42(d)(5), by failing to provide a flow-measuring device to measure the flow rate through specific treatment processes to facilitate use and to assist in the determination of chemical dosages, the accumulation of water production data, and the operation of plant facilities; 30 TAC §290.42(d)(13), by failing to identify the influent, effluent, waste backwash, and chemical feed lines by the use of a label or by various colors of paint; 30 TAC §290.42(e)(4)(A), by failing to maintain a full face self-contained-breathing apparatus or supplied air respirator that meets Occupational Safety and Health Administration standards and a small bottle of fresh ammonia for testing for chlorine leakage that is readily accessible outside the chlorinator room and immediately available to the operator in the event of an emergency; 30 TAC §290.42(m) and §290.43(e), by failing to maintain the intruder-resistant fence around each water treatment plant, potable water storage tank, pressure maintenance facility, and related appurtenances; 30 TAC §290.45(b)(1)(D)(i) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide two or more wells with a total capacity of 0.6 gallons per minute per connection; 30 TAC §290.45(b)(2)(E) and THSC, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; 30 TAC §290.46(f)(2) and (3)(A)(i)(II), (ii)(I), and (iv), (B)(iii), (iv), and (ix), and (E)(iv), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director (ED) upon request; 30 TAC §290.46(j), by failing to complete a Customer Service Inspection certificate prior to providing continuous water service to new construction, on any existing service when the water purveyor has reason to believe cross-connections or other potential contamination hazards exist, or after any material improvement, correction, or addition to the private water distribution facilities; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.46(m)(1)(A), by failing to inspect the facility's two ground storage tanks annually at Impala Woods Plant; 30 TAC §290.46(m)(4), by failing to maintain all water treatment units, storage and pressure maintenance facilities, distribution system lines, and related appurtenances in a watertight condition; 30 TAC §290.46(s)(1), by failing to calibrate the facility's two discharge meters at least once every twelve months; 30 TAC §290.46(s)(2)(B)(i) and (iii), by failing to calibrate the benchtop turbidimeter and on-line turbidimeter with primary standards at least once every 90 days; 30 TAC §290.46(t), by failing to post a legible sign at the facility's production, treatment, and storage facilities that contain the name of the facility and an emergency telephone number where a responsible official can be contacted; and 30 TAC §290.111(h)(2), by failing to submit properly completed Surface Water Monthly Operating Reports with the required turbidity and disinfectant residual data to the ED; PENALTY: $29,180; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(7) COMPANY: Monarch Utilities I L.P.; DOCKET NUMBER: 2021-0885-MWD-E; IDENTIFIER: RN102287091; LOCATION: Quitman, Wood County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0014055001, Final Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $10,875; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(8) COMPANY: NISHAT BUSINESS LLC dba Your C Store 2; DOCKET NUMBER: 2021-1111-PST-E; IDENTIFIER: RN102716347; LOCATION: La Grange, Fayette 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 tanks (UST) recordkeeping requirements are met; 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the USTs in a manner which will detect a release at a frequency of at least once every 30 days, and failing to provide release detection for the pressurized piping associated with the UST system; and 30 TAC §334.606, by failing to maintain required operator training certification records on-site and make them available for inspection upon request by agency personnel; PENALTY: $3,776; ENFORCEMENT COORDINATOR: Alain Elegbe, (512) 239-6924; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.

(9) COMPANY: Peaceful Lane Village, LLC and Wild Mountain Holdings, LLC; DOCKET NUMBER: 2021-0662-PWS-E; IDENTIFIER: RN102692167; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.106(e), by failing to provide the results of cyanide sampling to the executive director (ED) for the January 1, 2020 - December 31, 2020, monitoring period; 30 TAC §290.106(e), by failing to provide the results of arsenic and fluoride sampling to the ED for the fourth quarter of 2020; 30 TAC §290.106(e) and §290.107(e), by failing to provide the results of nitrate and volatile organic chemical contaminants sampling to the ED for the January 1, 2020 - December 31, 2020, monitoring period; 30 TAC §290.107(e), by failing to provide the results of synthetic organic chemical contaminants Group 5 sampling to the ED for the January 1, 2018 - December 31, 2020, monitoring period; 30 TAC §290.108(e), by failing to provide the results of radionuclides sampling to the ED for the fourth quarter of 2019 and the first, second, and third quarters 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 five sample sites, have the samples analyzed, and report the results to the ED for the January 1, 2020 - June 30, 2020, and the July 1, 2020 - December 31, 2020, monitoring periods; and 30 TAC §290.122(b)(3)(A) and (f), by failing to provide public notification and submit a copy of the public notification, accompanied with a signed Certificate of Delivery, to the ED regarding the failure to comply with the maximum contaminant level for combined uranium, fluoride, and arsenic during the third quarter of 2020; PENALTY: $16,110; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $8,055; ENFORCEMENT COORDINATOR: Aaron Vincent, (512) 239-0855; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(10) COMPANY: R. R. DONNELLEY & SONS COMPANY; DOCKET NUMBER: 2021-1108-WQ-E; IDENTIFIER: RN100578483; LOCATION: Nacogdoches, Nacogdoches County; TYPE OF FACILITY: paper product manufacturing facility; RULES VIOLATED: 30 TAC §305.125(1) and Texas Pollutant Discharge Elimination System Multi-Sector General Permit (MSGP) Number TXRNEAW79, Part II, Section C, by failing to comply with the No Exposure Certification requirements of the MSGP; PENALTY: $675; ENFORCEMENT COORDINATOR: Caleb Olson, (817) 588-5856; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(11) COMPANY: Smokers' Express Wine & Spirits, LLC dba Snappys Express Mart; DOCKET NUMBER: 2021-1023-PST-E; IDENTIFIER: RN101727022; LOCATION: Bridge City, Orange 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 recordkeeping requirements are met; 30 TAC §334.48(g)(1)(A)(ii) and (B) and TWC, §26.3475(c)(2), by failing to test the spill prevention equipment at least once every three years to ensure the equipment is liquid tight, and failing to inspect the overfill prevention equipment at least once every three years; and 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $5,063; ENFORCEMENT COORDINATOR: Sarah Smith, (512) 239-4495; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(12) COMPANY: Texas Department of Transportation; DOCKET NUMBER: 2020-1120-MWD-E; IDENTIFIERS: RN102674090 and RN105163000; LOCATION: Whitsett, Live Oak County; TYPE OF FACILITY: wastewater treatment facilities; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0014767001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $9,375; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $7,500; ENFORCEMENT COORDINATOR: Ellen Ojeda, (512) 239-2581; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(13) COMPANY: Town of Ponder; DOCKET NUMBER: 2021-0921-MWD-E; IDENTIFIER: RN102739349; LOCATION: Ponder, Denton County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0011287003, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $6,375; ENFORCEMENT COORDINATOR: Mark Gamble, (512) 239-2587; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: Undine Texas, LLC; DOCKET NUMBER: 2021-0771-PWS-E; IDENTIFIER: RN102682184; LOCATION: Somerville, Burleson County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.45(b)(1)(C)(ii) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; and 30 TAC §290.45(b)(1)(C)(iii) and THSC, §341.0315(c), by failing to provide two or more service pumps having a total capacity of 2.0 gallons per minute per connection; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Samantha Duncan, (512) 239-2511; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(15) COMPANY: UNITED PARCEL SERVICE, INCORPORATED dba UPS San Angelo; DOCKET NUMBER: 2021-1124-PST-E; IDENTIFIER: RN101637452; LOCATION: San Angelo, Tom Green County; TYPE OF FACILITY: fleet refueling; RULES VIOLATED: 30 TAC §334.48(d) and §334.51(a)(6) 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 inspected and serviced in accordance with the manufacturer's specifications; and 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tank for releases in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $7,125; ENFORCEMENT COORDINATOR: Karolyn Kent, (512) 239-2536; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

TRD-202201076

Gitanjali Yadav

Acting Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: March 29, 2022


Enforcement Orders

A default order was adopted regarding Bowles Redi Mix, Inc., Docket No. 2019‑0235‑AIR‑E on March 30, 2022, assessing $4,724 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Megan Grace, 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 Motiva Enterprises LLC, Docket No. 2019‑1374‑MLM‑E on March 30, 2022, assessing $284,148 in administrative penalties with $56,829 deferred. Information concerning any aspect of this order may be obtained by contacting Margarita Dennis, 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 Kleinwood Joint Powers Board, Docket No. 2020‑0464‑MWD‑E on March 30, 2022, assessing $12,375 in administrative penalties with $2,475 deferred. Information concerning any aspect of this order may be obtained by contacting Katelyn Tubbs, 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 Enterprise Products Operating LLC, Docket No. 2020‑0764‑IWD‑E on March 30, 2022, assessing $14,788 in administrative penalties with $2,957 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.

A default order was adopted regarding Bobby Kennedy and Lisa Kennedy, Docket No. 2020‑0993‑AGR‑E on March 30, 2022, assessing $1,312 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting James Sallans, 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 K‑C LEASE SERVICE, INC., Docket No. 2020‑1363‑WQ‑E on March 30, 2022, assessing $30,563 in administrative penalties with $6,112 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 Enterprise Products Operating LLC, Docket No. 2020‑1377‑AIR‑E on March 30, 2022, assessing $11,175 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Margarita Dennis, 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 W.R. Grace & Co.‑ Conn., Docket No. 2020‑1569‑AIR‑E on March 30, 2022, assessing $90,300 in administrative penalties with $18,060 deferred. Information concerning any aspect of this order may be obtained by contacting Richard Garza, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Possum Kingdom Water Supply Corporation, Docket No. 2021‑0078‑IWD‑E on March 30, 2022, assessing $10,062 in administrative penalties with $2,012 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 Horseshoe Lodges, LLC, Docket No. 2021‑0471‑PWS‑E on March 30, 2022, assessing $6,750 in administrative penalties with $6,750 deferred. Information concerning any aspect of this order may be obtained by contacting Carlos Molina, 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 Lake Padre Development Company, LLC, Docket No. 2021‑0477‑WQ‑E on March 30, 2022, assessing $9,072 in administrative penalties. 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 WORLD FUEL SERVICES, INC., Docket No. 2021‑0532‑WQ‑E on March 30, 2022, assessing $5,625 in administrative penalties. 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 OQ Chemicals Corporation, Docket No. 2021‑0570‑AIR‑E on March 30, 2022, assessing $8,325 in administrative penalties with $1,665 deferred. Information concerning any aspect of this order may be obtained by contacting Toni Red, 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 Basic Energy Services, Inc., Docket No. 2021‑0598‑PWS‑E on March 30, 2022, assessing $5,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting America Ruiz, 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 Friendswood Energy Genco, LLC, Docket No. 2021‑0610‑AIR‑E on March 30, 2022, assessing $7,501 in administrative penalties with $1,500 deferred. Information concerning any aspect of this order may be obtained by contacting Mackenzie Mehlmann, 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 Seminole, Docket No. 2021‑0663‑PWS‑E on March 30, 2022, assessing $2,675 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting America Ruiz, 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 Woodville Pellets, LLC, Docket No. 2021‑0449‑AIR‑E on March 30, 2022, assessing $517,068 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Toni Red, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

TRD-202201091

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 30, 2022


Enforcement Orders

An agreed order was adopted regarding CAMP OLYMPIA INC, Docket No. 2020‑0969‑MWD‑E on March 29, 2022, assessing $5,500 in administrative penalties with $1,100 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 Knights Crossing, Ltd., Docket No. 2020‑1553‑EAQ‑E on March 29, 2022, assessing $3,825 in administrative penalties with $765 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 Texas Parks and Wildlife Department, Docket No. 2021‑0182‑PWS‑E on March 29, 2022, assessing $1,520 in administrative penalties with $304 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding City of Marlin, Docket No. 2021‑0201‑PWS‑E on March 29, 2022, assessing $6,615 in administrative penalties with $1,323 deferred. Information concerning any aspect of this order may be obtained by contacting Epi Villarreal, 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 Greif, Inc., Docket No. 2021‑0277‑PWS‑E on March 29, 2022, assessing $375 in administrative penalties with $75 deferred. 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 Magellan Processing, L.P., Docket No. 2021‑0280‑AIR‑E on March 29, 2022, assessing $4,103 in administrative penalties with $820 deferred. 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 Formosa Plastics Corporation, Texas, Docket No. 2021‑0347‑AIR‑E on March 29, 2022, assessing $7,500 in administrative penalties with $1,500 deferred. Information concerning any aspect of this order may be obtained by contacting Abigail Lindsey, 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 Gilmer Cstore Investment LLC dba Rise N Run 11, Docket No. 2021‑0393‑PST‑E on March 29, 2022, assessing $4,500 in administrative penalties with $900 deferred. Information concerning any aspect of this order may be obtained by contacting Ken Moller, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding City of Shoreacres, Docket No. 2021‑0416‑PWS‑E on March 29, 2022, assessing $50 in administrative penalties with $10 deferred. Information concerning any aspect of this order may be obtained by contacting Samantha Duncan, 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 NIROJ CORPORATION dba Whip In 113, Docket No. 2021‑0446‑PST‑E on March 29, 2022, assessing $5,530 in administrative penalties with $1,106 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 Riverside Special Utility District, Docket No. 2021‑0472‑PWS‑E on March 29, 2022, assessing $750 in administrative penalties with $150 deferred. Information concerning any aspect of this order may be obtained by contacting Carlos Molina, 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 Babar Inc dba Star Mini Mart, Docket No. 2021‑0521‑PST‑E on March 29, 2022, assessing $4,388 in administrative penalties with $877 deferred. Information concerning any aspect of this order may be obtained by contacting Hailey 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 R.P. Land & Cattle, LLC, Docket No. 2021‑0536‑PWS‑E on March 29, 2022, assessing $535 in administrative penalties with $107 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 1625 CmCM, LLC, Docket No. 2021‑0545‑PST‑E on March 29, 2022, assessing $6,989 in administrative penalties with $1,397 deferred. Information concerning any aspect of this order may be obtained by contacting Hailey 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 Equistar Chemicals, LP, Docket No. 2021‑0551‑AIR‑E on March 29, 2022, assessing $1,225 in administrative penalties with $245 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 Texas Department of Transportation, Docket No. 2021‑0602‑PST‑E on March 29, 2022, assessing $2,813 in administrative penalties with $562 deferred. Information concerning any aspect of this order may be obtained by contacting Hailey 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 LyondellBasell Acetyls, LLC, Docket No. 2021‑0605‑AIR‑E on March 29, 2022, assessing $4,462 in administrative penalties with $892 deferred. Information concerning any aspect of this order may be obtained by contacting Abigail Lindsey, 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 CITGO Refining and Chemicals Company L.P., Docket No. 2021‑0678‑AIR‑E on March 29, 2022, assessing $4,500 in administrative penalties with $900 deferred. 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 Weatherford U.S., L.P., Docket No. 2021‑0679‑IWD‑E on March 29, 2022, assessing $5,062 in administrative penalties with $1,012 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 Reena Moore, L.L.C. dba Yogis Exxon, Docket No. 2021‑0686‑PST‑E on March 29, 2022, assessing $3,750 in administrative penalties with $750 deferred. Information concerning any aspect of this order may be obtained by contacting Tyler Richardson, 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 K & K Inc., Docket No. 2021‑0691‑PST‑E on March 29, 2022, assessing $6,625 in administrative penalties with $1,325 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 Saratoga Homes, Inc., Docket No. 2021‑0708‑WQ‑E on March 29, 2022, assessing $6,175 in administrative penalties with $1,235 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 NORTHSIDE, INC. dba 7-Days Groceries, Docket No. 2021‑0713‑PST‑E on March 29, 2022, assessing $3,494 in administrative penalties with $698 deferred. Information concerning any aspect of this order may be obtained by contacting Courtney Atkins, 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 KENDRICK OIL CO. dba Horseshoe 3, Docket No. 2021‑0745‑PST‑E on March 29, 2022, assessing $3,375 in administrative penalties with $675 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 Port Comfort Power LLC, Docket No. 2021‑0839‑IWD‑E on March 29, 2022, assessing $3,938 in administrative penalties with $787 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 Freeport LNG Development, L.P., Docket No. 2021‑0917‑AIR‑E on March 29, 2022, assessing $6,000 in administrative penalties with $1,200 deferred. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

A field citation was adopted regarding ASGI Homes LLC, Docket No. 2021‑1549‑WQ‑E on March 29, 2022, assessing $875 in administrative penalties. Information concerning any aspect of this citation 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.

A field citation was adopted regarding Larry D Phillips, Docket No. 2021‑1588‑WOC‑E on March 29, 2022, assessing $175 in administrative penalties. Information concerning any aspect of this citation 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.

A field citation was adopted regarding City of Sweetwater, Docket No. 2022‑0022‑WQ‑E on March 29, 2022, assessing $875 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

A field citation was adopted regarding Hurtado Contstruction Company, Docket No. 2022‑0050‑WR‑E on March 29, 2022, assessing $350 in administrative penalties. Information concerning any aspect of this citation 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.

A field citation was adopted regarding Ashlyn Homes Inc, Docket No. 2022‑0059‑WQ‑E on March 29, 2022, assessing $875 in administrative penalties. Information concerning any aspect of this citation 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.

TRD-202201093

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 30, 2022


Notice of Application and Opportunity to Request a Public Meeting for a New Municipal Solid Waste Facility; Registration Application No. 40328

Application. Stericycle, Inc., 802 Savage Lane, Corpus Christi, Texas 78408, has applied to the Texas Commission on Environmental Quality (TCEQ) for proposed Registration No. 40328, to construct and operate a Type V municipal solid waste transfer station. The proposed facility, Stericycle - Corpus Christi, will be located at 802 Savage Lane, Corpus Christi, Texas 78408, in Nueces County. The Applicant is requesting authorization to transfer municipal solid waste that includes medical waste as defined in §326.3(23), non-hazardous pharmaceutical waste, trace chemotherapy waste, and confidential documents. The registration application is available for viewing and copying at La Retama Central Library located at 805 Comanche Street, Corpus Christi, Texas 78401, and may be viewed online at https://ardurra.com/insight/stericycle_corpus-christi- transfer-station-application-january-2022/. The following link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice: https://arcg.is/1T4fee. For exact location, refer to application.

The TCEQ executive director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) in accordance with the regulations of the Coastal Coordination Council and has determined that the action is consistent with the applicable CMP goals and policies.

Public Comment/Public Meeting. You may submit public comments or request a public meeting on this application. Written public comments or written requests for a public meeting must be submitted to the Office of the Chief Clerk at the address included in the information section below. If a public meeting is held, comments may be made orally at the meeting or submitted in writing by the close of the public meeting. A public meeting will be held by the executive director if requested by a member of the legislature who represents the general area where the development is to be located, or if there is a substantial public interest in the proposed development. The purpose of the public meeting is for the public to provide input for consideration by the commission, and for the applicant and the commission staff to provide information to the public. A public meeting is not a contested case hearing. The executive director will review and consider public comments and written requests for a public meeting submitted during the comment period. The comment period shall begin on the date this notice is published and end 30 calendar days after this notice is published. The comment period shall be extended to the close of any public meeting. The executive director is not required to file a response to comments.

Executive Director Action. The executive director shall, after review of an application for registration, determine if the application will be approved or denied in whole or in part. If the executive director acts on an application, the chief clerk shall mail or otherwise transmit notice of the action and an explanation of the opportunity to file a motion to overturn the executive director's decision. The chief clerk shall mail this notice to the owner and operator, the public interest counsel, to adjacent landowners as shown on the required land ownership map and landowners list, and to other persons who timely filed public comment in response to public notice. Not all persons on the mailing list for this notice will receive the notice letter from the Office of the Chief Clerk.

Information Available Online. For details about the status of the application, visit the Commissioners' Integrated Database (CID) at www.tceq.texas.gov/goto/cid. Once you have access to the CID using the above link, enter the registration number for this application, which is provided at the top of this notice.

Mailing List. If you submit public comments, you will be added to the mailing list for this application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county. To be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.

Agency Contacts and Information. All public comments and requests must be submitted either electronically at www14.tceq.texas.gov/epic/eComment/ or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. Please be aware that any contact information you provide, including your name, phone number, email address and physical address will become part of the agency's public record. For more information about this registration application or the registration process, please call the TCEQ's Public Education Program, Toll Free, at (800) 687-4040 or visit their webpage, www.tceq.texas.gov/goto/pep. General information regarding the TCEQ can be found on our website at www.tceq.texas.gov/. Si desea información en español, puede llamar al (800) 687-4040.

Further information may also be obtained from Stericycle, Inc. at the address stated above or by calling Mr. Mark Triplett at (361) 452-2884.

TRD-202201043

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 24, 2022


Notice of District Petition

Notice issued March 24, 2022

TCEQ Internal Control No. D-02282022-041; Grafted Investments, LLC (Petitioner) filed a petition for creation of Guadalupe County Municipal Utility District No. 4 (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 (TWC); 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 in the proposed District; (2) there are no lienholders on the property to be included in the proposed District with the exception of Sigman Investments, LP; (3) the proposed District will contain approximately 256.188 acres located within Guadalupe County, Texas; and (4) all of the land within the proposed district is located within the extraterritorial jurisdiction of the City of Marion (City). Sigman Investments, LP consented to the District's creation by letter, dated February 15, 2020. On June 28, 2021, in accordance with Local Government Code Section 42.042 and TWC Section 54.016, the Petitioner submitted a petition to the City, requesting the City's consent to the creation of the District. On July 12, 2021, the City Council voted affirmatively to refuse consent to the creation of, and inclusion of the land within the District. The Petitioner on July 13, 2021, submitted a petition to the City to provide water or sewer services to the District. On July 20, 2021, the City Council of the City determined by vote that it could not provide the requested services, would not again take up the matter, and that there would be no contract for services with Petitioner in accordance with Section 54.016(c) of the Texas Water Code. The 120-day period for reaching a mutually agreeable contract as established by TWC Section 54.016(c) expired and the information provided indicates that the Petitioner and the City have not executed a mutually agreeable contract for service. Pursuant to TWC Section 54.016(d), failure to execute such an agreement constitutes authorization for the Petitioner to initiate proceedings to include the land within the District. The District is within the water utility CCN of Green Valley SUD and proposes "by agreement" to contract water and wastewater services with Green Valley SUD. The petition further states that the purposes of and the work to be done by the District shall be the purchase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: (1) provide a water supply for municipal uses, domestic uses and commercial purposes; (2) collect, transport, process, dispose of and control all domestic, industrial, or communal wastes whether in fluid, solid, or composite state; (3) gather, conduct, divert and control local storm water or other local harmful excesses of water in the District and the payment of organizational, operational and interest expenses during construction; (4) design, acquire, construct, finance, improve, operate, and maintain macadamized, graveled, or paved roads, or improvements in aid of those roads; and (5) provide such other facilities, systems, plants and enterprises as shall be consistent with the purposes for which the District is created and permitted under state law. 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 $47,850,000 (including $26,000,000 for water, wastewater, and drainage plus $21,850,000 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-202201036

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 24, 2022


Notice of Hearing on San Antonio Water System: SOAH Docket No. 582-22-1990; TCEQ Docket No. 2021-1391-WR; Water Use Permit No. 13098

APPLICATION.

San Antonio Water System, 2800 U.S. Highway 281, San Antonio, Texas 78212, Applicant, has applied to the Texas Commission on Environmental Quality (TCEQ) for a Water Use Permit pursuant to Texas Water Code (TWC) §11.042 and TCEQ Rules Title 30 Texas Administrative Code (TAC) §§295.1, et seq.

San Antonio Water System seeks a water use permit to authorize the use of the bed and banks of multiple tributaries of the San Antonio River and the San Antonio River, San Antonio River Basin and the Guadalupe River, Guadalupe River Basin to convey 260,991 acre-feet of groundwater-based return flows per year for subsequent diversion and use for municipal, agricultural, industrial, mining, and instream purposes of use in Bexar, Calhoun, Goliad, Karnes, Refugio, Victoria and Wilson counties.

San Antonio Water System (SAWS) seeks authorization to use the bed and banks of the Medina River, Salado Creek, Comanche Creek, Leon Creek, Medio Creek, and the San Antonio River, San Antonio River Basin and the Guadalupe River, Guadalupe River Basin, to convey 260,991 acre-feet of groundwater-based return flows per year, for subsequent diversion from a reach on the Guadalupe River, for municipal, agricultural, industrial, mining, and instream purposes of use in Bexar, Calhoun, Goliad, Karnes, Refugio, Victoria, Wilson counties.

SAWS owns and operates four wastewater treatment plants:

A. Steven M. Clouse Water Recycling Center (WRC), authorized under Texas Pollution Discharge Elimination System (TPDES) Permit No. WQ0010137033 with a total discharge of 140,017 acre-feet per year; and

B. Leon Creek WRC, authorized under TPDES Permit No. WQ0010137003 with a total discharge of 51,526 acre-feet per year; and

C. Medio Creek WRC, authorized under TPDES Permit No. WQ0010137040 with a total discharge of 17,922 acre-feet per year; and

D. Salado Creek WRC, authorized under TPDES Permit No. WQ0010137008 with a total discharge of 51,526 acre-feet per year.

The return flows are discharged at the following points, located in Bexar County within the San Antonio River Basin, ZIP code 78205:

Discharge Point No. 1 (Steven M. Clouse WRC Outfall 001) is located at Latitude 29.235827° N, Longitude 98.416244° W on the Medina River; and

Discharge Point No. 2 (Steven M. Clouse WRC Outfall 002) is located at Latitude 29.461615° N, Longitude 98.468752° W on the San Antonio River; and

Discharge Point No. 3 (Steven M. Clouse WRC Outfall 003) is located at Latitude 29.446454° N, Longitude 98.480740° W on the San Antonio River; and

Discharge Point No. 4 (Steven M. Clouse WRC Outfall 004) is located at Latitude 29.484730° N, Longitude 98.416819° W on Salado Creek; and

Discharge Point No. 5 (Steven M. Clouse WRC Outfall 005) is located at Latitude 29.420978° N, Longitude 98.485352° W on the San Antonio River; and

Discharge Point No. 6 (Steven M. Clouse WRC Outfall 006) is located at Latitude 29.275560° N, Longitude 98.428978° W on the San Antonio River; and

Discharge Point No. 7 (Leon Creek WRC Outfall 001) is located at Latitude 29.275319° N, Longitude 98.513008° W on Comanche Creek; and

Discharge Point No. 8 (Medio Creek WRC Outfall 001) is located at Latitude 29.398847° N, Longitude 98.668031° W on Medio Creek; and

Discharge Point No. 9 (Salado Creek WRC Outfall 001) is located at Latitude 29.275560° N, Longitude 98.428978° W on the San Antonio River.

SAWS seeks to divert the discharged groundwater-based return flows from a reach on the Guadalupe River, Guadalupe River Basin, at a maximum combined diversion rate of 161,878 gpm (360.53 cfs), with the proposed upstream point of the reach being at Latitude 28.478432°N, Longitude 96.862858° W and the downstream point being at Latitude 28.447519° N and Longitude 96.785611° W in Calhoun County, ZIP code 77979.

Portions of the 260,991 acre-feet of groundwater-based return flows per year requested in the application were previously authorized under Certificate of Adjudication Nos. 19-4768 and 19-2162 and Water Use Permit No. 5705.

SAWS requests to account for and use those groundwater-based return flows, under Water Use Permit No. 13098, when those portions of the previously authorized return flows are not being diverted under those authorizations.

SAWS has provided and the Executive Director has approved the San Antonio Water System Groundwater Based Effluent Water Balance Accounting Plan Water Use Permit Application No. 13098.

The application and partial fees were received on December 30, 2013. Additional information and fees were received on July 8 and August 8, 2014, February 29 and March 29, 2016. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on May 9, 2016. Additional information was received on March 17 and March 24, 2021.

The Executive Director has prepared a draft permit, which, if granted, would include special conditions including, but not limited to maintaining an accounting plan and maintaining a measuring device. The application, technical memoranda, and Executive Director's draft permit are available for viewing on the TCEQ web page at: www.tceq.texas.gov/permitting/water_rights/wr-permitting/view-wr-pend-apps. Alternatively, you may request a copy of the documents by contacting the TCEQ Office of the Chief Clerk by phone at (512) 239-3300 or by mail at TCEQ OCC, Notice Team (MC-105), P.O. Box 13087, Austin, Texas 78711.

Considering directives to protect public health, the State Office of Administrative Hearings (SOAH) will conduct a preliminary hearing via Zoom videoconference. A Zoom meeting is a secure, free meeting held over the internet that allows video, audio, or audio/video conferencing.

10:00 a.m. - May 4, 2022

To join the Zoom meeting via computer:

https://soah-texas.zoomgov.com/

Meeting ID: 160 578 9211

Password: u5d7CV

or

To join the Zoom meeting via telephone:

(669) 254-5252 or (646) 828-7666

Meeting ID: 160 578 9211

Password: 872526

Visit the SOAH website for registration at: http://www.soah.texas.gov/ or call SOAH at (512) 475-4993.

The purpose of a preliminary hearing is to establish jurisdiction, name the parties, establish a procedural schedule for the remainder of the proceeding, allow an opportunity for settlement discussions, and to address other matters as determined by the judge. The evidentiary hearing phase of the proceeding, which will occur at a later date, will be similar to a civil trial in state district court.

The hearing will be conducted in accordance with Chapter 2001, Texas Government Code; Chapter 11, Texas Water Code; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155.

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

In accordance with 1 Texas Administrative Code §155.401(a), Notice of Hearing, "Parties that are not represented by an attorney may obtain information regarding contested case hearings on the public website of the State Office of Administrative Hearings at www.soah.texas.gov, or in printed format upon request to SOAH."

If you need more information about the hearing process for this application, please call the Public Education Program, toll free, at (800) 687‑4040. General information about the TCEQ can be found at www.tceq.texas.gov.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-4993, at least one week prior to the hearing.

Issued: March 25, 2022

TRD-202201069

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 25, 2022


Notice of Public Meeting for a New Municipal Solid Waste Permit: Proposed Permit No. 2411

Application. Transfer Station Solutions, LLC, P.O. Box 6427, Paris, Lamar County, Texas 75461, a waste management company, has applied to the Texas Commission on Environmental Quality (TCEQ) requesting authorization for a new Type V municipal solid waste transfer station. The facility is proposed to be located at 3491 Highway 24, Campbell, 75422 in Hunt County, Texas. The TCEQ received this application on August 18, 2021. The following link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice: https://arcg.is/11KmuD. For exact location, refer to application.

Additional Notice. TCEQ's Executive Director has determined the application is administratively complete and will conduct a technical review of the application. After technical review of the application is complete, the Executive Director may prepare a draft permit and preliminary decision on the application. Notice of the Application and Preliminary Decision will be published and mailed to those who are on the county-wide mailing list and to those who are on the mailing list for this application. That notice will contain the deadline for submitting public comments.

Public Comment/Public Meeting. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. A public meeting is not a contested case hearing under the Administrative Procedure Act. During the Informal Discussion Period, the public will be encouraged to ask questions of the applicant and TCEQ staff concerning the application. The comments and questions submitted orally during the Informal Discussion Period will not be considered before a decision is reached on the application and no formal response will be made. Responses will be provided orally during the Informal Discussion Period. During the Formal Comment Period on the application, members of the public may state their formal comments orally into the official record. All formal comments will be considered before a decision is reached on the application. The executive director is not required to file a response to comments.

The Public Meeting is to be held:

Thursday, April 28, 2022 at 7:00 p.m.

The Landmark

2920 Lee Street

Greenville, Texas 75401

INFORMATION. Citizens are encouraged to submit written comments anytime during the meeting or by mail before the close of the public comment period to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at https://www14.tceq.texas.gov/epic/eComment/. If you need more information about the application or the process, please call the TCEQ Public Education Program, toll free, at (800) 687-4040. Si desea información en español, puede llamar (800) 687-4040. General information about the TCEQ can be found at our website at www.tceq.texas.gov.

The permit application is available for viewing and copying at the Commerce Public Library, 1210 Park Street, Commerce, Hunt County, Texas 75428, and may be viewed online at https://www.scsengineers.com/state/hwy-24-transfer-station/hwy-24-transfer-station-permit-application. Further information may also be obtained from Transfer Station Solutions, LLC at the address stated above or by calling Mr. Josh Bray, President at (903) 517-6268.

Persons with disabilities who need special accommodations at the meeting should call the Office of the Chief Clerk at (512) 239-3300 or (800) RELAY-TX (TDD) at least five business days prior to the meeting.

Issued Date: March 25, 2022

TRD-202201047

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 25, 2022


Notice of Water Quality Application

The following notice was issued on March 22, 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 ISSUED DATE OF THE NOTICE.

INFORMATION SECTION

Air Products Industrial Gas LLC, which proposes to operate Air Products Texas City Facility, an anhydrous ammonia production plant, has applied for a minor amendment to redefine the term Utility Wastewater to include hydrostatic test water (from uncontaminated new vessels using non-hyperchlorinated water), system flushing water, cooling tower filter backwash, demineralization unit filter backwash, and steam condensate, and add diffuser at the end of Outfall 001. The draft permit authorizes the discharge of utility wastewater and stormwater at a daily average flow not to exceed 2,200,000 gallons per day via Outfall 001. The facility is located 435 5th Street South, in Texas City, Galveston County, Texas 77590.

If you need more information about these permit applications or the permitting process, please call the TCEQ Public Education Program, Toll Free, at (800) 687-4040. General information about the TCEQ can be found at our website at www.TCEQ.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.

TRD-202201044

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 24, 2022


Notice of Water Quality Application

The following notice was issued on March 29, 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 ISSUED DATE OF THE NOTICE.

INFORMATION SECTION

Kuiper Dairy, LLC has applied for a minor amendment of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0003199000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to add a freestall barn to the production area and divert the rainfall on the freestall barn outside the drainage area of the retention control structure (RCS). The RCS design calculations for RCS #1 were revised to account for the diverted roof area, which decreased the RCS required capacity from 68.72 to 66.78 ac-ft. The authorized maximum capacity of 5,000 head, of which 3,100 head are milking, and the total land application area of 395 acres will not change. The facility is located at 5040 County Road 209, Hico in Erath County, Texas.

If you need more information about these permit applications or the permitting process, please call the TCEQ Public Education Program, Toll Free, at (800) 687-4040. General information about the TCEQ can be found at our website at www.TCEQ.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.

TRD-202201085

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 30, 2022


Notice of Water Rights Application

Notice Issued March 25, 2022

APPLICATION NO. 14-1330D; Pursuant to a five-year lease agreement, Quicksand Partners, LTD., 2305 Pulliam Street, San Angelo, Texas 76905, Applicant, seeks to amend Certificate of Adjudication No. 14-1330, as amended, to authorize the diversion of 500 acre-feet of water authorized in Certificate of Adjudication No. 14-1338, from the diversion point authorized in Certificate of Adjudication No. 14-1330, to add a place of use for agricultural purposes in Tom Green County and to add recreational purposes of use to the 500 acre-feet of water. The application does not request a new appropriation of water. More information on the application and how to participate in the permitting process is given below. The application was received on January 4, 2021. Additional information and fees were received on April 2 and 3, and June 14, 2021. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on June 22, 2021.

The Executive Director has completed the technical review of the application and prepared a draft amendment. The draft amendment, if granted, would include special conditions including, but not limited to, streamflow restrictions and maintenance of the lease agreement. The application, technical memoranda, and Executive Director's draft amendment are available for viewing on the TCEQ web page at: https://www.tceq.texas.gov/permitting/water_rights/wr-permitting/view-wr-pend-apps. Alternatively, you may request a copy of the documents by contacting the TCEQ Office of the Chief Clerk by phone at (512) 239-3300 or by mail at TCEQ OCC, Notice Team (MC-105), P.O. Box 13087, Austin, Texas 78711.

Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by April 12, 2022. A public meeting is intended for the taking of public comment and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TCEQ may grant a contested case hearing on this application if a written hearing request is filed by April 12, 2022. The Executive Director can consider an approval of the application unless a written request for a contested case hearing is filed by April 12, 2022.

To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions to the requested permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments, or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at https://www14.tceq.texas.gov/epic/eComment/ by entering ADJ 1330 in the search field. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Public Education Program at (800) 687-4040. General information regarding the TCEQ can be found at our website at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040 o por el internet al http://www.tceq.texas.gov.

TRD-202201048

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 25, 2022


Notice of Water Rights Application

Notice Issued March 25, 2022

APPLICATION NO. 13762; MRSS Partners, LTD, 12651 Briar Forest Drive, Houston, Texas 77077, (Permittee/Applicant) seeks authorization to maintain an existing dam and reservoir on East Fork Crystal Creek, San Jacinto River Basin, impounding 43 acre-feet of water for recreational purposes in Montgomery County and to maintain the reservoir with groundwater from the Chicot Aquifer. More information on the application and how to participate in the permitting process is given below. The application and partial fees were received on April 26, 2021. Additional information and fees were received on June 14 and 22, 2021 and January 18 and 20, 2022. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on July 2, 2021. The Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would contain special conditions including, but not limited to the maintaining an alternate source. The application, technical memoranda, and Executive Director's draft permit are available for viewing on the TCEQ web page at: https://www.tceq.texas.gov/permitting/water_rights/wr-permitting/view-wr-pend-apps. Alternatively, you may request a copy of the documents by contacting the TCEQ Office of the Chief Clerk at (512) 239-3300 or by mail at TCEQ OCC, Notice Team (MC-105), P.O. Box 13087, Austin, Texas 78711. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by April 12, 2022. A public meeting is intended for the taking of public comment and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. The TCEQ may grant a contested case hearing on this application if a written hearing request is filed by April 12, 2022. The Executive Director can consider an approval of the application unless a written request for a contested case hearing is filed by April 12, 2022.

To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions for the requested permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at https://www14.tceq.texas.gov/epic/eComment/ by entering WRPERM 13762 in the search field. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Public Education Program at (800) 687-4040. General information regarding the TCEQ can be found at our website at http://www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040 o por el internet al http://www.tceq.texas.gov.

TRD-202201053

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 25, 2022


Texas Health and Human Services Commission

Public Notice - Community Living Assistance and Support Services (CLASS) Program

The Texas Health and Human Services Commission (HHSC) is submitting a request to the Centers for Medicare & Medicaid Services (CMS) to amend the waiver application for the Community Living Assistance and Support Services (CLASS) Program. HHSC administers the CLASS Program under the authority of 1915(c) of the Social Security Act. CMS has approved this waiver through August 31, 2024. The proposed effective date for the amendment is August 31, 2022.

The request proposes to make the following changes:

Appendix B: Participant Access and Eligibility

HHSC increased the unduplicated number of participants (Factor C) and point-in-time (PIT) numbers for waiver years 3, 4, and 5.

Appendix C: Participant Services

HHSC clarified that supported employment is not available to individuals under a program funded under Section 110 of the Rehabilitation Act of 1973.

Appendix G: Participant Safeguards

HHSC removed the requirement for financial management services agencies and consumer directed services employers to attend training in person and will permanently allow them to attend the training online.

Appendix J: Cost Neutrality Demonstration

HHSC revised the unduplicated number of participants (Factor C) and PIT as well as the calculations for the overall projected cost of waiver services (Factor D) for waiver years 3, 4, and 5.

The CLASS waiver program provides community-based services and supports to eligible individuals as an alternative to an intermediate care facility for individuals with intellectual disabilities. CLASS waiver services are intended to enhance an individual's integration into the community, maintain or improve the individual's independent functioning and quality of life, and prevent the individual's admission to an institution. Services and supports supplement, rather than replace, existing informal or formal supports and resources.

To obtain a free copy of the proposed request to amend the waiver amendment, ask questions, obtain additional information, or submit comments about the amendment, please contact Basundhara Raychaudhuri by U.S. mail, telephone, fax, or email at the addresses and numbers below. Comments about the proposed waiver amendment request must be submitted to HHSC by May 9, 2022.

U.S. Mail:

Texas Health and Human Services Commission

Attention: Basundhara Raychaudhuri, Waiver Coordinator, Federal Coordination, Rules, and Committees

John H. Winters Building, East Tower

701 W. 51st Street

Mail Code: H-310

Austin, Texas 78751

Telephone:

(512) 438-4321

Fax:

(512) 323-1905, Attention: Basundhara Raychaudhuri

Email:

TX_Medicaid_Waivers@hhsc.state.tx.us

The HHSC local offices will post this notice for 30 days.

The complete request to amend the waiver can be found online on the HHSC website at https://hhs.texas.gov/laws-regulations/policies-rules/waivers.

TRD-202201089

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: March 30, 2022


Public Notice - DBMD Waiver Application

The Texas Health and Human Services Commission (HHSC) is submitting a request to the Centers for Medicare & Medicaid Services (CMS) to amend the waiver application for the Deaf Blind with Multiple Disabilities (DBMD) Program. HHSC administers the DBMD Program under the authority of Section 1915(c)of the Social Security Act. CMS has approved the DBMD waiver application through February 28, 2023. The proposed effective date for the amendment is September 1, 2022.

The request proposes to make the following changes:

Main Attachment #1: Transition Plan

HHSC included a transition plan to address the discontinuation of day habilitation after waiver year (WY) 5 and the implementation of individualized skills and socialization, a new service, to comply with the Home and Community-Based Services (HCBS) settings requirements.

Appendix C

HHSC added individualized skills and socialization and the service provider qualifications for the service.

HHSC clarified that supported employment is not available to individuals under a program funded under Section 110 of the Rehabilitation Act of 1973.

Appendix J

HHSC added individualized skills and socialization to the waiver service coverage charts and updated the projected utilization for day habilitation and individualized skills and socialization.

The DBMD Program serves individuals with legal blindness, deafness, or a condition that leads to deaf blindness, and at least one additional disability that limits functional abilities. The program serves individuals in the community who would otherwise require care in an intermediate care facility for individuals with intellectual disability or a related condition.

If you want to obtain a free copy of the proposed amendment or if you have questions, need additional information, or want to submit comments regarding this amendment, you may contact Basundhara Raychaudhuri by U.S. mail, telephone, fax or email at the address and numbers listed below. Comments about the proposed waiver amendment request must be submitted to HHSC by May 9,2022.

U.S. Mail

Texas Health and Human Services Commission

Attention: Basundhara Raychaudhuri, Waiver Coordinator, Federal Coordination, Rules, and Committees

John H. Winters Building, East Tower

701 W. 51st Street

Mail Code: H-310

Austin, Texas 78751

Telephone

(512) 438-4321

Fax (512) 323-1905, Attention: Basundhara Raychaudhuri

Email

TX_Medicaid_Waivers@hhsc.state.tx.us.

The HHSC local offices will post this notice for 30 days.

The complete request to amend the waiver can be found online on the HHSC website at

https://hhs.texas.gov/laws-regulations/policies-rules/waivers.

TRD-202201071

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: March 28, 2022


Public Notice - Home and Community Based Services

The Texas Health and Human Services Commission (HHSC) is submitting a request to the Centers for Medicare & Medicaid Services (CMS) to amend the waiver application for the Home and Community-based Services (HCS) program. HHSC administers the HCS Program under the authority of Section 1915(c) of the Social Security Act. CMS has approved the HCS waiver application through August 31, 2023. The proposed effective date for this amendment is August 31, 2022.

This amendment request proposes to make the following changes:

Main Attachment #1 Transition Plan

HHSC included a transition plan to address the discontinuation of day habilitation during waiver year 5 and the implementation of individualized skills and socialization, a new service, to comply with the Home and Community-Based Services (HCBS) settings requirements.

Appendix B

HHSC updated waiver years 4 and 5 to reflect an increase in the Point-in-Time (PIT) and unduplicated participants (Factor C).

Appendix C

HHSC added individualized skills and socialization and the service provider qualifications for the service.

HHSC clarified that the amount allowed for repairs of minor home modifications will not count toward the $7,500 lifetime limit and is limited to $300 per service plan year per individual.

HHSC removed the following language from the service scope for day habilitation - "Day habilitation does not include services funded under section 110 of the Rehabilitation Act of 1973 or the Individuals with Disabilities Education Act (20 U.S.C. 1401 et seq.)."

HHSC clarified that supported employment is not available to individuals under a program funded under section 110 of the Rehabilitation Act of 1973.

Appendix D and Appendix G

HHSC clarified the settings for which HHSC conducts annual unannounced visits and that HHSC can conduct unannounced surveys for individuals in host home/companion care settings at any time.

Appendix I

HHSC changed the term "HHSC Rate Analysis" to "HHSC Provider Finance Department" and provided clarifying language for the individualized skills and socialization services projected costs.

Appendix J

HHSC revised the unduplicated number of participants (Factor C) and PIT calculations for the overall projected cost of waiver services (Factor D) and the overall projected cost of other Medicaid services furnished to waiver participants (D Prime (D')) for the same waiver years. The updated projections in appendix J also include the addition of the individualized skills and socialization service and updated projections to discontinue day habilitation after waiver year (WY) 5 to comply with the HCBS settings requirements.

The HCS waiver program provides services and supports to individuals with intellectual disabilities who live in their own homes, in the home of a family member, or another community setting such as a three-person or four-person residence operated by an HCS program provider. Services and supports are intended to enhance quality of life, functional independence, and health and well-being in continued community-based living and to supplement, rather than replace, existing informal or formal supports and resources. Services in the HCS waiver program include day habilitation, respite, supported employment, adaptive aids, audiology, occupational therapy, physical therapy, prescribed drugs, speech and language pathology, financial management services, support consultation, behavioral support, cognitive rehabilitation therapy, dental treatment, dietary services, employment assistance, minor home modifications, nursing, residential assistance, social work, supporting home living, and transition assistance services.

To obtain a free copy of the proposed waiver amendment, ask questions, obtain additional information, or submit comments about the amendment, please contact Basundhara Raychaudhuri by U.S. mail, telephone, fax, or email at the addresses and numbers below. A copy of the proposed waiver amendment may also be obtained online on the HHSC website at:

https://www.hhs.texas.gov/laws-regulations/policies-rules/waivers

Comments about the proposed waiver amendment must be submitted to HHSC by May 9, 2022.

The HHSC local offices of social services will post this notice for 30 days.

Addresses:

U.S. Mail

Texas Health and Human Services Commission

Attention: Basundhara Raychaudhuri, Waiver Coordinator, Federal Coordination, Rules and Committees

701 West 51st Street

Mail Code: H-310

Austin, Texas 78751

Telephone

(512) 438-4321

Fax

Attention: Basundhara Raychaudhuri, Waiver Coordinator at (512) 323-1905

Email

TX_Medicaid_Waivers@hhs.texas.gov

TRD-202201075

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: March 29, 2022


Public Notice - Texas Healthcare Transformation and Quality Improvement Program (THTQIP) Waiver

The Health and Human Services Commission (HHSC) is submitting a request to the Centers for Medicare & Medicaid Services (CMS) to amend the Texas Healthcare Transformation and Quality Improvement Program (THTQIP) waiver under section 1115 of the Social Security Act. The current waiver is approved through September 2030. The proposed effective date for this amendment is September 22, 2022.

In response to House Bill 133, 87th Legislature, Regular Session, 2021, an amendment to the THTQIP 1115 waiver is needed to provide an additional four months of Medicaid eligibility to women receiving Medicaid at the time they deliver or experience an involuntary miscarriage, for a total of six months postpartum coverage.

This extension of postpartum coverage will have long-term benefits of improving continuity of care across a woman's life cycle, increasing access to preventive health care, and positively affecting postpartum health outcomes and the outcomes of future pregnancies. This is consistent with the 1115 demonstration waiver goals of expanding risk-based managed care to new populations and services and improving outcomes.

Proposed Changes

Currently, pregnant women who are determined eligible for Medicaid are considered eligible until the end of the month in which their 60-day postpartum period ends. This waiver will not create a new eligibility category but will extend eligibility for pregnant women for an additional four months beyond the federally required postpartum period. This additional four months of eligibility will be provided to all women whose pregnancies end in a delivery or an involuntary miscarriage through the last day of the month in which the six-month postpartum period ends. If a woman's pregnancy does not end in a delivery or an involuntary miscarriage, the woman will receive the postpartum coverage required by 42 CFR § 435.170(b) and (c).

Requested Waivers

HHSC is requesting to waive § 1905(n) of the Social Security Act (Act) and 42 CFR § 435.4 to the extent necessary to allow the state to redefine "qualified pregnant woman or child" in the Act and "pregnant woman" in the CFR to change the postpartum period from 60 days to six months following delivery or involuntary miscarriage.

HHSC is requesting to waive 42 CFR § 440.210(a)(3) to the extent necessary to change the postpartum period from 60 days to six months following delivery or involuntary miscarriage.

HHSC is requesting to waive § 1902(e)(5) of the Act and 42 CFR § 435.170(b) and (c) to the extent necessary to allow the state to provide six months of extended and continuous eligibility following delivery or involuntary miscarriage.

HHSC is requesting to waive § 1902(a)(10)(B) of the Act, 42 CFR § 440.240 and 42 CFR § 440.250(p), related to comparability of services, to the extent necessary, as determined by CMS, allow the state to provide the additional four months of eligibility only to women whose pregnancies end in delivery or involuntary miscarriage.

HHSC is requesting to waive the requirement to conduct a redetermination of eligibility once every 12 months, as required by 42 CFR § 435.916 (a). With the additional four months of coverage, some women may receive Medicaid coverage for more than 12 months without an eligibility determination.

Financial Analysis

There is minimal impact to budget neutrality due to additional months of postpartum coverage for pregnant women on Medicaid, as this population is already included with existing state plan benefits. The additional months of coverage will add member months to the budget neutrality model due to a longer length of stay, however the budget neutrality model uses the same caseload for both the with-waiver and without-waiver calculations.

Evaluation Design

The CMS-approved 1115 evaluation design focusing on demonstration years 7-11 culminates in a Draft Evaluation Report due March 31, 2024, as required by Special Term and Condition (STC) 86. The amendment may influence evaluation measures on overall Demonstration costs, but potential impacts will be negligible. As a result, the overall evaluation findings will not be meaningfully impacted by the amendment.

HHSC decided not to include any evaluation questions, hypotheses, or measures on the postpartum coverage extension amendment in the revised 1115 evaluation design focusing on demonstration years 10-19, as required by STC 82. However, the state will direct the external evaluator to interpret and present pertinent findings within the context of this amendment as necessary.

Enrollment, Cost Sharing, and Service Delivery

Monthly enrollment for Medicaid for Pregnant Women will increase because women will remain eligible for an additional four months. Prior to the public health emergency, the average monthly enrollment for women determined eligible for Medicaid for Pregnant Women was 137,493 (March 2019 - February 2020). This amendment will not impose beneficiary cost sharing.

An individual may obtain a free copy of the proposed waiver amendment, ask questions, obtain additional information, or submit comments regarding this amendment by May 9, 2022, by contacting Basundhara Raychaudhuri by U.S. mail, telephone, fax, or email. The addresses are as follows:

U.S. Mail:

Texas Health and Human Services Commission

Attention: Basundhara Raychaudhuri, Waiver Coordinator, Federal Coordination, Rules and Committees

701 W. 51st Street

Mail Code: H310

Austin, Texas 78751

Email:

TX_Medicaid_Waivers@hhs.texas.gov

Telephone:

(512) 438-4321

Fax:

(512) 323-1905

TRD-202201083

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: March 30, 2022


Texas Department of Insurance

Company Licensing

Application for Texas Heritage Insurance Company, a domestic fire and/or casualty company, to change its name to Germania Property & Casualty Insurance Company. The home office is in Brenham, Texas.

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

TRD-202201090

James Person

General Counsel

Texas Department of Insurance

Filed: March 30, 2022


Texas Department of Licensing and Regulation

Texas Accessibility Standards

(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 Texas Accessibility Standards is not included in the print version of the Texas Register. The figure is available in the on-line version of the April 8, 2022, issue of the Texas Register.)

The Texas Department of Licensing and Regulation is accepting comments regarding the proposed amendment of the Texas Accessibility Standards (TAS). Comments on the proposed amendments may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/gcerules; by facsimile to (512) 475-3032; or by mail to Vanessa Vasquez, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.

TRD-202201092

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Filed: March 30, 2022


Texas Lottery Commission

Scratch Ticket Game Number 2434 "MILLION DOLLAR LOTERIA"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2434 is "MILLION DOLLAR LOTERIA". The play style is "row/column/diagonal".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2434 shall be $20.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2434.

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

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

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are:

THE ARMADILLO SYMBOL, THE BAT SYMBOL, THE BICYCLE SYMBOL, THE BLUEBONNET SYMBOL, THE BOAR SYMBOL, THE BUTTERFLY SYMBOL, THE CACTUS SYMBOL, THE CARDINAL SYMBOL, THE CHERRIES SYMBOL, THE CHILE PEPPER SYMBOL, THE CORN SYMBOL, THE COVERED WAGON SYMBOL, THE COW SYMBOL, THE COWBOY SYMBOL, THE COWBOY HAT SYMBOL, THE DESERT SYMBOL, THE FIRE SYMBOL, THE FOOTBALL SYMBOL, THE GEM SYMBOL, THE GUITAR SYMBOL, THE HEN SYMBOL, THE HORSE SYMBOL, THE HORSESHOE SYMBOL, THE JACKRABBIT SYMBOL, THE LIZARD SYMBOL, THE LONE STAR SYMBOL, THE MARACAS SYMBOL, THE MOCKINGBIRD SYMBOL, THE MOONRISE SYMBOL, THE MORTAR PESTLE SYMBOL, THE NEWSPAPER SYMBOL, THE OIL RIG SYMBOL, THE PECAN TREE SYMBOL, THE PIÑATA SYMBOL, THE RACE CAR SYMBOL, THE RATTLESNAKE SYMBOL, THE ROADRUNNER SYMBOL, THE SADDLE SYMBOL, THE SHIP SYMBOL, THE SHOES SYMBOL, THE SOCCERBALL SYMBOL, THE SPEAR SYMBOL, THE SPUR SYMBOL, THE STRAWBERRY SYMBOL, THE SUNSET SYMBOL, THE WHEEL SYMBOL, THE WINDMILL SYMBOL, CHECK SYMBOL, GOLD BAR SYMBOL, HEART SYMBOL, MONEYBAG SYMBOL, STAR SYMBOL, ARMORED CAR SYMBOL, BANK SYMBOL, COINS SYMBOL, STACK OF BILLS SYMBOL, VAULT SYMBOL, $10.00, $20.00, $30.00, $40.00, $50.00, $100, $200, $500, $1,000, $5,000, $20,000 and $1,000,000.

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

Figure 1: GAME NO. 2434 - 1.2D (.pdf)

E. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

F. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) Bar Code which will include a four (4) digit game ID, the seven (7) digit Pack number, the three (3) digit Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.

G. Game-Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2434), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 025 within each Pack. The format will be: 2434-0000001-001.

H. Pack - A Pack of the "MILLION DOLLAR LOTERIA" Scratch Ticket Game contains 025 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the Pack; the back of Ticket 025 will be revealed on the back of the Pack. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack. Every other Pack will reverse i.e., reverse order will be: the back of Ticket 001 will be shown on the front of the Pack and the front of Ticket 025 will be shown on the back of the Pack.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "MILLION DOLLAR LOTERIA" Scratch Ticket Game No. 2434.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. Each Scratch Ticket contains exactly 78 (seventy-eight) Play Symbols. A prize winner in the "MILLION DOLLAR LOTERIA Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose Play Symbols as follows: PLAYBOARD 1: 1) The player completely scratches the CALLER'S CARD area to reveal 27 symbols. 2) The player scratches ONLY the symbols on the PLAYBOARD that exactly match the symbols revealed on the CALLER'S CARD. 3) If the player reveals a complete row, column or diagonal line, the player wins the prize for that line. PLAYBOARDS 2: The player scratches ONLY the symbols on each PLAYBOARD that exactly match the symbols revealed on the CALLER'S CARD. If the player reveals all 4 symbols in a column, the player wins the PRIZE for that column. PLAY AREA 3 (BONUS GAMES): The player scratches ONLY the symbols on the BONUS GAMES that exactly match the symbols revealed on the CALLER'S CARD. If the player reveals 2 symbols in the same GAME, the player wins the PRIZE for that GAME. PLAY AREA 4 (BONUS): If the player reveals 2 matching symbols in the BONUS $100, the player wins $100. If the player reveals 2 matching symbols in the BONUS $200, the player wins $200. TABLA DE JUEGO 1: 1) El jugador raspa completamente la CARTA DEL GRITÓN para revelar 27 símbolos. 2) El jugador SOLAMENTE raspa los símbolos en la TABLA DE JUEGO que son exactamente iguales a los símbolos revelados en la CARTA DEL GRITÓN. 3) Si el jugador revela una línea completa horizontal, vertical o diagonal, el jugador gana el premio para esa línea. TABLAS DE JUEGO 2: El jugador SOLAMENTE raspa los símbolos en cada de las TABLAS DE JUEGO que son exactamente iguales a los símbolos revelados in la CARTA DEL GRITÓN. Si el jugador revela todos los 4 símbolos en una columna, el jugador gana el PREMIO para esa columna. ÃREA DE JUEGO 3 (JUEGOS DE BONO): El jugador SOLAMENTE raspa los símbolos en los JUEGOS DE BONO que son exactamente iguales a los símbolos revelados en la CARTA DEL GRITÓN. Si el jugador revela 2 símbolos en el mismo JUEGO, el jugador gana el PREMIO para ese JUEGO. ÃREA DE JUEGO 4 (BONO): Si el jugador revela 2 símbolos iguales en el área de BONO $100, el jugador gana $100. Si el jugador revela 2 símbolos iguales en el área de BONO $200, el jugador gana $200. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly 78 (seventy-eight) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

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

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

5. The Scratch Ticket shall be intact;

6. The Serial Number and Game-Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Scratch Ticket;

8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The Scratch Ticket must not be counterfeit in whole or in part;

10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner;

11. The Scratch Ticket must not have been stolen, nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number and Game-Pack-Ticket Number must be right side up and not reversed in any manner;

13. The Scratch Ticket must be complete and not miscut, and have exactly 78 (seventy-eight) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-Ticket Number on the Scratch Ticket;

14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously;

15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 78 (seventy-eight) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 78 (seventy-eight) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines.

B. The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. GENERAL: A Ticket can win up to fourteen (14) times in accordance with the approved prize structure.

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

C. PLAYBOARD 1/TABLA DE JUEGO 1: No matching Play Symbols in the CALLER'S CARD/CARTA DEL GRITÓN play area.

D. PLAYBOARD 1/TABLA DE JUEGO 1: At least eight (8) but no more than twelve (12) CALLER'S CARD/CARTA DEL GRITÓN Play Symbols will match a Play Symbol on the PLAYBOARD 1/TABLA DE JUEGO 1 play area.

E. PLAYBOARD 1/TABLA DE JUEGO 1: CALLER'S CARD/CARTA DEL GRITÓN Play Symbols will have a random distribution on the Ticket, unless restricted by other parameters, play action or prize structure.

F. PLAYBOARD 1/TABLA DE JUEGO 1: No matching Play Symbols are allowed on the same PLAYBOARD 1/TABLA DE JUEGO 1 play area.

2.3 Procedure for Claiming Prizes.

A. To claim a "MILLION DOLLAR LOTERIA" Scratch Ticket Game prize of $20.00, $30.00, $40.00, $50.00, $100, $150, $200, $250 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $30.00, $40.00, $50.00, $100, $150, $200, $250 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "MILLION DOLLAR LOTERIA" Scratch Ticket Game prize of $1,000, $5,000, $20,000 or $1,000,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "MILLION DOLLAR LOTERIA" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be:

1. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055;

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

3. in default on a loan guaranteed under Chapter 57, Education Code; or

4. delinquent in child support payments in the amount determined by a court or a Title IV-D agency under Chapter 231, Family Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the Scratch Ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "MILLION DOLLAR LOTERIA" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "MILLION DOLLAR LOTERIA" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is not claimed within that period, and in the manner specified in these Game Procedures and on the back of each Scratch Ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of Scratch Tickets ordered. The number of actual prizes available in a game may vary based on number of Scratch Tickets manufactured, testing, distribution, sales and number of prizes claimed. A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed.

3.0 Scratch Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated. If more than one name appears on the back of the Scratch Ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket.

4.0 Number and Value of Scratch Prizes. There will be approximately 16,800,000 Scratch Tickets in Scratch Ticket Game No. 2434. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2434 - 4.0 (.pdf)

A. The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2434 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Scratch Ticket Game Rules. See 16 TAC §401.302(j).

6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 2434, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-202201082

Bob Biard

General Counsel

Texas Lottery Commission

Filed: March 29, 2022


Texas Public Finance Authority

Texas Natural Gas Securitization Finance Corporation Request for Qualifications for Corporate Counsel

RFQ ISSUE DATE: March 28, 2022

RESPONSE DUE: April 13, 2022, 3:00 p.m. CT

Please see SCHEDULE OF EVENTS and TIME SCHEDULE AND SUBMISSION DIRECTIONS.

PURPOSE

The Texas Natural Gas Securitization Finance Corporation (the "Corporation") solicits responses to this Request for Qualifications ("RFQ") from law firms interested in providing corporate counsel services to the Corporation. Based on consideration of the responses to this RFQ, the Corporation's Board of Directors (the "Board") may select one or more firms with which to contract for all corporate counsel matters. It is anticipated that a contract resulting from this RFQ will begin immediately and run through a date two years after the final maturity date of the Bonds.

BACKGROUND

The Texas Public Finance Authority ("TPFA") is a public authority and body politic and corporate created in 1983 by an act of the Texas Legislature to provide financing for the construction or acquisition of facilities for State agencies. Pursuant to Texas Government Code, Chapter 1232 (TPFA's enabling law), and Chapters 1401 and 1403, the TPFA issues bonds for designated State agencies.

On February 12, 2021, Governor Greg Abbott declared a state of disaster for all Texas counties in response to the unprecedented cold winter weather event that began in Texas on Thursday, February 11, 2021 ("Winter Storm Uri"). During Winter Storm Uri, the supply of natural gas was reduced while demand skyrocketed. As a result, gas utility local distribution companies ("LDCs") incurred extraordinary costs for natural gas while continuing to provide the necessary gas supply to customers using the gas to heat homes and businesses. LDCs are authorized to directly pass-through gas costs, without a markup, to customers.

To mitigate the effect of the extraordinarily high gas costs on customers, the Texas Legislature enacted House Bill 1520, 87th Legislature, R.S., 2021, ("HB 1520"), authorizing a securitization financing to provide certain LDC customers with rate relief by extending the period over which the extraordinarily high gas costs related to Winter Storm Uri will be billed to customers. Pursuant to HB 1520, the TPFA and the Railroad Commission of Texas ("RRC") are directed to work together to issue customer rate-relief bonds, the proceeds of which would be utilized by participating gas utilities to pay the extraordinary cost of natural gas due to high demand during Winter Storm Uri.

On November 10, 2021, the RRC adopted a Regulatory Asset Determination Order pursuant to HB 1520, certifying the amount of Winter Storm Uri related natural gas costs eligible for securitization. On February 8, 2022, the RRC adopted a Financing Order which requests that the TPFA direct the Corporation to issue Customer Rate Relief Bonds (the "Bonds") in accordance with the terms of HB 1520 and the Financing Order.

The total regulatory asset amount for the companies is approximately $3.4 billion. Copies of the Regulatory Asset Determination Order and the Financing Order adopted by the RRC, along with other documents submitted during the RRC's administrative hearing on this matter, can be found on the RRC's website at https://rrctx.force.com/s/case/500t000000oPYFYAA4/detail.

To facilitate the proposed securitization and pursuant to HB 1520, the TPFA incorporated the Texas Natural Gas Securitization Finance Corporation as a special purpose, bankruptcy-remote bond financing entity for the purpose of issuing the Bonds. Per HB 1520, ownership of the Customer Rate Relief Property will vest with the Corporation ab initio. The Corporation is a duly constituted public authority and instrumentality of the State of Texas and a non-profit corporation organized under and governed by the Texas Business Organizations Code. The Bonds will be limited obligations of the Corporation payable solely from Customer Rate Relief Property and any other money pledged, by the Corporation, to the payment of Bonds and will not be debt of the State of Texas, the RRC, the TPFA or any gas utility.

THE CORPORATION

The Corporation was created on November 29, 2021 by the Texas Public Finance Authority pursuant to HB 1520.

The Corporation is governed by a three-member Board of Directors, appointed by the governing board of the TPFA to two-year terms. The current members of the Corporation Board are: Billy M. Atkinson, Jr., Chair; Brendan Scher, Vice Chair; and Jay A. Riskind, Secretary.

The Corporation has no staff. Currently, the registered agent for the Corporation is Lee Deviney, the Executive Director of the TPFA.

THE TEXAS PUBLIC FINANCE AUTHORITY

The Texas Public Finance Authority was created in 1983 by the 68th Legislature for the purpose of issuing general obligation bonds and revenue bonds for and on behalf of the State of Texas for specific purposes expressly authorized by law. In addition to financing the construction of facilities, the TPFA issues debt obligations for non-construction related financings for Texas state agencies such as the Cancer Prevention and Research Institute of Texas and the Texas Workforce Commission, as well as issuing debt obligations on behalf of the Texas Windstorm Insurance Association.

The TPFA is governed by a seven-member Board of Directors, appointed by the Governor with the advice and consent of the Senate for six-year terms. The current members of the TPFA Board are: Billy M. Atkinson, Jr., Chair; Ramon Manning, Vice Chair; Jay A. Riskind, Secretary; Larry G. Holt; Shanda Perkins; Brendan Scher; and Ben Streusand.

The TPFA operates with a staff of 14 employees, headed by an Executive Director.

PROPOSED SCOPE OF SERVICES

Responses to this RFQ should be based upon performance of the following functions for and on behalf of the Corporation:

(1) Advising the Corporation Board on corporate governance matters.

(2) Advising the Corporation Board on risk mitigation.

(3) Advising the Corporation Board on matters related to the issuance of requests for proposals relating to services necessary to issue and administer the Bonds, as well as the review and evaluation of responses to such requests for proposals.

(4) Reviewing and making recommendations on proposed contracts with service providers.

(5) Advising the Corporation Board on matters related to compliance with applicable corporate regulatory requirements and ethics guidelines.

(6) Serving as secretary and parliamentarian for the Corporation Board, including the maintenance of all corporate records.

(7) Reviewing all transaction documents relating to the sale and issuance of the Bonds.

(8) Working cooperatively with the TPFA's staff and general counsel, the Corporation's financial advisor, the Corporation's bond counsel and the Corporation's disclosure counsel in all matters relating to the sale and issuance of the Bonds.

(9) Representing the Corporation, as directed by the Board, in any litigation involving the enforcement of the Corporation's property rights to the Customer Rate Relief Property created pursuant to HB 1520, including representing the Corporation in any matter filed in federal bankruptcy court. This function could be performed through retaining and supervising co-counsel specializing in bankruptcy matters.

(10) Provide for the representation, either directly or through the retention and/or supervision of co-counsel, in any other litigation matters involving the Corporation as directed by the Board.

(11) Preparing any corporate filings required by state or federal tax law.

(12) Providing assistance on legislative matters affecting the Corporation.

(13) Attending all meetings of the Corporation Board

It is contemplated that the scope of services would not include the following functions:

(A) Matters typically handled by a bond counsel in a municipal financing transaction, such as the preparation of financing documents and disclosure documents; however, corporate counsel may be asked to review and comment on such documents and issue a corporate counsel opinion on due authorization of such documents by the Corporation.

(B) Providing advice and counsel on post-issuance compliance with securities and tax law related to the issuance of the Bonds.

SCHEDULE OF EVENTS

The Corporation anticipates that the Corporate Counsel RFQ process will proceed in accordance with the following schedule:

March 28, 2022 - RFQ Issued

April 4, 2022 - Deadline for submission of written questions, by email (12:00 Noon CT)

April 7, 2022 - The Corporation will post responses to written questions on the TPFA's website no later than 5:00 p.m. CT

April 13, 2022 - DEADLINE FOR SUBMISSION OF RESPONSES (3:00 p.m. CT)

To be determined - Applicant Interviews

Board selection - Corporation Board meeting (date to be determined)

The Corporation reserves the right to change this schedule. Notice of any changes will be posted on the TPFA's website at http://www.tpfa.texas.gov/rfp.aspx.

FORM OF RESPONSE

1. Representation Strategy

Based on your firm's understanding of the Corporation's statutory objectives and considering the proposed scope of services described above, what is your firm's view as to the nature and scope of legal services that would be required from a corporate counsel in order for the Corporation to fulfill its statutory mandate. Further, specifically identify any potential risks to the Corporation, and to the members of the Board, related to the issuance of the Bonds. How would your firm mitigate those risks?

2. Overview of the Firm

Provide a brief description of your firm, including the total number of attorneys and employees, the number of attorneys practicing in fields related to your representation strategy indicated in your response to item 1 supra. Also provide the number of years the firm has been engaged in related work in Texas and indicate whether you have an Austin office staffed with attorneys who will assist with the proposed representation. Explain how your firm is organized and how its resources will be applied to representation of the Corporation.

3. Qualifications

A. Please detail your firm's qualifications to represent the Corporation as corporate counsel. Include detailed examples of your experience in representing other comparable entities as either corporate or issuer's counsel. Also, please describe your familiarity with Texas municipal bond issuances.

B. In a separate section of your response, concisely explain why your firm should be selected to serve as corporate counsel for the Corporation.

4. Resumes

Provide the resume of each attorney who would be assigned to serve the Corporation, specifically indicating the proposed role of each individual and their primary office location. The resumes must clearly specify the number of years the attorney has been licensed to practice law in Texas, as well as any other jurisdictions, and the number of years of experience in representing corporate entities. Further, identify the attorney that would be assigned as the primary contact for the Corporation. In addition, provide a separate listing of those attorneys who you would identify as special or ad hoc resources potentially assignable to the Corporation's work, along with their resumes.

5. Proposed Fee Structure

The Corporation currently has no funds available to pay expenses. The Corporation's initial expenses are expected to be paid from bond proceeds following the sale and issuance of the Bonds. Therefore, the initial representation of the Corporation would have to be done on a contingent fee basis pending the issuance of the Bonds. With that understanding, please provide a discussion of your proposed fee structure, including whether you would propose a flat fee or hourly billing or a combination. Provide your view as to which services could best be provided on a flat fee basis. See the "Contract Formation and Contract Administration" section infra for a discussion of the contingency related to payment of fees under the contract.

6. Conflicts of Interest

A. Please disclose any actual or potential conflicts of interest that could be created by the firm's representation of the Corporation. In addition, identify each matter in which the firm has, within the past calendar year, represented any entity or individual with an interest adverse to the Corporation, the TPFA, the RRC, or the State of Texas or any of its other boards, agencies, commissions, universities, or elected or appointed officials.

B. Please disclose any current or prior representation of the eight gas utilities, or affiliated entities, that will be participating in the HB 1520 securitization, specifically: Atmos Energy Corp.; Bluebonnet Natural Gas, LLC; CenterPoint Energy Resources Corp.; Corix Utilities (Texas), Inc.; EPCOR Gas Texas, Inc.; SiEnergy, LP; Texas Gas Service Company; and Universal Natural Gas, Inc. (UniGas).

7. Historically Underutilized Businesses

The Corporation will make a good faith effort to include participation of Historically Underutilized Business ("HUB") firms in its contracts. A HUB is a for profit business that meets the requirements of Texas Government Code §2161.001(2) and 34 TAC §20.282(11). Provide a statement as to whether your firm is currently certified as a HUB pursuant to Texas Government Code §2161.061 and Subchapter D of 34 TAC Chapter 20 and if applicable attach a copy of your current HUB certificate as an appendix to your firm's response. (For further information on the State's HUB program, please refer to https://comptroller.texas.gov/purchasing/vendor/hub/.) If your firm possesses a substantially similar certification from another jurisdiction, attach a copy of that certificate as an appendix.

8. References

Please provide names, addresses, and phone numbers of three references.

9. Affirmations

In your response, please confirm that your firm presently does not, and through the term of contemplated engagement, will not, (a) boycott Israel, (b) boycott energy companies, (c) have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, or (d) unless affirmatively declared by the United States government to be excluded from its federal sanctions regime relating to Sudan or Iran (or any federal sanctions regime relating to a foreign terrorist organization), appear on a list of scrutinized companies prepared and maintained by the Texas Comptroller of Public Accounts, all within the meaning and requirements of applicable provisions of the Texas Government Code. Any engagement agreement signed as a result of this RFQ will include verifications to that effect.

RESPONSE MODIFICATION

Any response to this RFQ may be modified or withdrawn at any time prior to the response due date. No changes will be allowed after the expiration of the response due date. The Corporation reserves the right to make amendments to this RFQ by giving written notice to all firms to which it has mailed this RFQ, whether by US Postal Service or electronic mail, and by posting notice thereof on the TPFA's website at http://www.tpfa.texas.gov/rfp.aspx.

TIME SCHEDULE AND SUBMISSION DIRECTIONS

Responses are due no later than 3:00 p.m. (CT) on April 13, 2022, at the offices of the TPFA. Please submit one bound hard copy of the firm's response to this RFQ, signed by an authorized representative of the firm, and one electronic copy that is both searchable and unprotected on a flash drive, each of which should be clearly labeled, to:

Texas Natural Gas Securitization Finance Corporation

c/o Kevin Van Oort

General Counsel

Texas Public Finance Authority

Delivery Address:

300 W. 15th St., Room 411

Austin, Texas 78701

-OR-

Mailing Address:

P.O. Box 12906

Austin, Texas 78711-2906

Clearly mark the transmittal as "RESPONSE TO RFQ FOR CORPORATE COUNSEL." All responses become the property of the Corporation. Responses must set forth accurate and complete information as required by this RFQ. Oral instructions or offers will not be considered. Contact with members of the Corporation Board or the TPFA Board regarding this RFQ is prohibited and will result in the disqualification of your firm from consideration.

Any questions regarding this RFQ should be submitted by electronic mail to RFQ@tpfa.texas.gov by 12:00 p.m. (Noon) on April 4, 2022. Questions submitted by that deadline and the Corporation's responses will be posted on the TPFA's website at http://www.tpfa.texas.gov/rfp.aspx by 5:00 p.m., April 7, 2022. Questions submitted after the submission deadline will not be answered.

CONTRACT FORMATION AND CONTRACT ADMINISTRATION INFORMATION

The Corporation reserves the right to reject any and all responses to this RFQ and to cancel this RFQ if it is deemed in the best interest of the Corporation to do so. Issuance of this RFQ in no way constitutes a commitment by the Corporation to award a contract or to pay for any expenses incurred either in the preparation of a response to this RFQ or in the preparation of a contract for legal services. Firms responding must maintain a Texas office staffed with personnel who would be responsible for providing legal services to the Corporation.

The Corporation will evaluate responses to this RFQ to identify the most highly qualified firm to serve in the capacity of corporate counsel.

The Board reserves the right to negotiate all elements of the contract for legal services and to approve all personnel assigned to the Corporation's work. If a firm contemplates changing the assigned attorneys after a contract is executed, the firm must submit resumes of the additional assigned attorneys. The addition of such attorneys to the contract will be subject to the Corporation's approval.

Payment for services rendered prior to the issuance of the Bonds would be treated as a cost of issuance, payment of which would be contingent on the successful sale and issuance of the Bonds. Payment for services rendered after the sale and issuance of the Bonds would made from an ongoing revenue source established as part of the HB 1520 securitization financing.

Further, the Board will reserve the right to terminate a resulting contract for legal services for any reason, subject to written notification.

COST INCURRED IN RESPONDING

All costs directly or indirectly related to preparation of a response to this RFQ or any supplemental information required to clarify your original response shall be the sole responsibility of, and shall be borne by, the Respondent.

RELEASE OF INFORMATION AND OPEN RECORDS

Upon submission, all responses shall be deemed to be the property of the Corporation. Information submitted in response to this RFQ will not be released to the public by the Corporation during the response evaluation process or prior to Board's contract award. After the evaluation process is completed by the Board's award of a contract, responses and the information included therein may be subject to public disclosure under the Public Information Act, Texas Government Code, Ch. 552 (the "PIA"). Respondents have the right to assert the confidentiality of financial and trade information. Any information considered by Respondent to be confidential under the PIA must be clearly marked in bold text, as indicated below, on each page, and only those pages, where such information appears:

"Confidential Pursuant to [Cite to the relevant exception to disclosure under the PIA]."

Further, if the Respondent does assert that certain information in its response is confidential under the PIA, the response to this RFQ must contain the following statement at or near the bottom of the cover page:

"THIS DOCUMENT CONTAINS CERTAIN ITEMS OF INFORMATION FOR WHICH THE RESPONDENT HAS ASSERTED CONFINDENTIALITY UNDER THE TEXAS PUBLIC INFORMATION ACT"

The Corporation is not responsible for the release of confidential information after the award of a contract made pursuant to this RFQ if the document is not clearly marked as required. If a request for disclosure of is made for information marked confidential in accordance with this section, the Corporation will notify the Respondent so that the Respondent may present argument and evidence to the Office of the Attorney General for protection from public disclosure, in accordance with the PIA.

TRD-202201074

Lee Deviney

Executive Director

Texas Public Finance Authority

Filed: March 28, 2022