IN ADDITION

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009 and 304.003, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 10/28/19 - 11/03/19 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 10/28/19 - 11/03/19 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 11/01/19 - 11/30/19 is 5.00% for Consumer/Agricultural/Commercial credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 11/01/19 - 11/30/19 is 5.00% for commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-201903845

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: October 22, 2019


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is December 5, 2019. 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 December 5, 2019. 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: Bell County Water Control & Improvement District 5; DOCKET NUMBER: 2019-0757-PWS-E; IDENTIFIER: RN102691466; LOCATION: Temple, Bell County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.080 milligrams per liter for total trihalomethanes based on the locational running annual average; PENALTY: $205; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2518; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: City of Blanco; DOCKET NUMBER: 2019-0882-PWS-E; IDENTIFIER: RN101389047; LOCATION: Blanco, Blanco County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(e)(2), by failing to conduct an operation evaluation and submit a written operation evaluation report to the executive director (ED) within 90 days after being notified of analytical results that caused an exceedance of the operational evaluation level for trihalomethanes (TTHM) for Stage 2 Disinfection Byproducts (DBP2) at Site 1 during the third and fourth quarters of 2018; 30 TAC §290.115(f)(1) and §290.122(b)(2)(A) and (f) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) of 0.080 milligrams per liter for TTHM based on the locational running annual average, and 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 MCL for TTHM for DBP2 at Site 1 for the first quarter of 2019; 30 TAC §290.117(i)(6) and (j), by failing to provide a consumer notification of lead tap water monitoring results to persons served at the sites (taps) that were tested, and failing to mail a copy of the consumer notification of tap results to the ED along with certification that the consumer notification has been distributed in a manner consistent with TCEQ requirements for the January 1, 2015 - December 31, 2017, monitoring period; and 30 TAC §290.122(c)(2)(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 submit a Surface Water Monthly Operating Report with the required turbidity and disinfectant residual data following the end of the reporting period for May 2017; PENALTY: $514; ENFORCEMENT COORDINATOR: Marla Waters, (512) 239-4712; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.

(3) COMPANY: City of Denton; DOCKET NUMBER: 2019-0654-MWD-E; IDENTIFIER: RN102095445; LOCATION: Denton, Denton 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 WQ0010027003, Permit Conditions, Number 2.g, by failing to prevent an unauthorized discharge of untreated wastewater into or adjacent to any water in the state; PENALTY: $13,500; ENFORCEMENT COORDINATOR: Christopher Moreno, (254) 761-3038; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: City of Ingleside; DOCKET NUMBER: 2019-0763-PWS-E; IDENTIFIER: RN101197655; LOCATION: Ingleside, San Patricio County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(j)(1)(A) and Texas Health and Safety Code, §341.0351, by failing to submit plans and specifications to the executive director and receive approval prior to making and significant change or addition to the system's production, treatment, storage, pressure maintenance, or distribution facilities; and 30 TAC §290.42(l), by failing to compile and maintain a thorough and up-to-date plant operations manual for operator review and reference; PENALTY: $291; ENFORCEMENT COORDINATOR: Michaelle Garza, (210) 403-4076; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(5) COMPANY: City of Ropesville; DOCKET NUMBER: 2019-1067-PWS-E; IDENTIFIER: RN101175990; LOCATION: Ropesville, Hockley County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.41(c)(3)(O), by failing to protect all well units with an intruder-resistant fence with a lockable gate or enclose the well units in a locked and ventilated well house; 30 TAC §290.42(l), by failing to compile and maintain a thorough and up-to-date plant operations manual for operator review and reference; and 30 TAC §290.44(h)(4), by failing to have backflow prevention assemblies tested upon installation and on an annual basis by a recognized backflow assembly tester and certified that they are operating within specifications; PENALTY: $688; ENFORCEMENT COORDINATOR: Marla Waters, (512) 239-4712; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(6) COMPANY: City of Troy; DOCKET NUMBER: 2019-0849-MWD-E; IDENTIFIER: RN102844321; LOCATION: Troy, Bell County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.65 and §305.125(2) and TWC, §26.121(a)(1), by failing to maintain authorization to discharge wastewater into or adjacent to any water in the state; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-6155; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(7) COMPANY: Corix Utilities (Texas) Incorporated; DOCKET NUMBER: 2019-0758-PWS-E; IDENTIFIERS: RN101183721 and RN101211126; LOCATIONS: Marble Falls, Llano County and Lometa, Lampasas County; TYPE OF FACILITIES: public water supplies; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) of 0.080 milligrams per liter (mg/L) for total trihalomethanes based on the locational running annual average and failing to comply with the MCL of 0.060 mg/L for haloacetic acids based on the locational running annual average; PENALTY: $1,380; ENFORCEMENT COORDINATOR: Miles Wehner, (512) 239-2813; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.

(8) COMPANY: Donald Ray Moore; DOCKET NUMBER: 2019-1460-OSI-E; IDENTIFIER: RN110831310; LOCATION: Paint Rock, Concho County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(9) COMPANY: Enterprise Products Operating LLC; DOCKET NUMBER: 2017-1118-AIR-E; IDENTIFIER: RN102323268; LOCATION: Mont Belvieu, Chambers County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), Texas Health and Safety Code (THSC), §382.085(b), Federal Operating Permit (FOP) Number O1641, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 19, and New Source Review (NSR) Permit Numbers 20698 and PSDTX797M1, Special Conditions (SC) Numbers 1 and 3, by failing to comply with the concentration limits and the maximum allowable emissions rates (MAERs); 30 TAC §§101.20(3), 116.115(c), and 122.143(4), THSC, §382.085(b), FOP Number O1641, GTC and STC Number 19, and NSR Permit Numbers 20698 and PSDTX797M1, SC Number 3, by failing to comply with the concentration limits and the emissions limits; 30 TAC §§116.115(b)(2)(F) and (c) and 122.143(4), THSC, §382.085(b), FOP Number O1641, GTC and STC Number 19, and NSR Permit Number 8418, SC Number 1, by failing to comply with the MAERs; 30 TAC §116.615(2) and §122.143(4), THSC, §382.085(b), FOP Number O1641, GTC and STC Number 19, and Standard Permit Registration Number 87477, by failing to comply with the MAER; and 30 TAC §122.142(b)(2)(A) and §122.143(4) and THSC, §382.085(b), by failing to represent the correct applicable requirements in the FOP; PENALTY: $210,938; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $105,469; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(10) COMPANY: Fort Gates Water Supply Corporation; DOCKET NUMBER: 2019-0812-PWS-E; IDENTIFIER: RN101216257; LOCATION: Gatesville, Coryell County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(C), (h), and (i)(1), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the executive director (ED) for the January 1, 2016 - December 31, 2018, monitoring period; 30 TAC §290.117(f)(3)(A), by failing to submit a recommendation to the ED for optimal corrosion control treatment within six months after the end of the January 1, 2016 - December 31, 2018, monitoring period, during which the lead and copper action levels were exceeded; 30 TAC §290.117(g)(2)(A), by failing to submit a recommendation to the ED for source water treatment within 180 days after the end of the January 1, 2016 - December 31, 2018, monitoring period, during which the lead and copper action levels were exceeded; and 30 TAC §290.117(i)(5) and (k) and §290.122(b)(2)(A) and (f), by failing to deliver the public education materials following the lead action level exceedance that occurred during the January 1, 2016 - December 31, 2018, monitoring period, failing to provide the ED with copies of the public education materials and certification that distribution of said materials is being conducted in a manner consistent with TCEQ requirements, and failing to provide public notification and submit a copy of the public notification, accompanied with a signed Certificate of Delivery, to the ED regarding the failure to deliver the public education materials following the lead action level exceedance that occurred during the January 1, 2016 - December 31, 2018, monitoring period; PENALTY: $426; ENFORCEMENT COORDINATOR: Marla Waters, (512) 239-4712; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(11) COMPANY: Henson Tools, L.L.C.; DOCKET NUMBER: 2019-0689-WQ-E; IDENTIFIER: RN105698179; LOCATION: San Angelo, Tom Green County; TYPE OF FACILITY: manufacturing facility; RULES VIOLATED: 30 TAC §281.25(a)(4), TWC, §26.121, 40 Code of Federal Regulations §122.26(c), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number TXRNEAJ79 Part II, Section C.1, by failing to properly obtain authorization to discharge stormwater associated with industrial activities under TPDES General Permit Number TXR050000; and TWC, §26.121(a)(1), by failing to prevent the unauthorized discharge of waste into or adjacent to any water in the state; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(12) COMPANY: Ismael Felix; DOCKET NUMBER: 2018-1197-PST-E; IDENTIFIER: RN101797710; LOCATION: Devine, Medina County; TYPE OF FACILITY: underground storage tank (UST) system with two out-of-service USTs; RULES VIOLATED: 30 TAC §334.7(d)(1)(A) and (3), by failing to provide an amended registration for any change or additional information regarding the USTs within 30 days from the date of the occurrence of the change or addition; and 30 TAC §334.49(a) and §334.54(b)(2) and (3), and TWC, §26.3475(d), by failing to maintain all piping, pumps, manways, tank access points and ancillary equipment in a capped, plugged, locked, and/or otherwise secured manner to prevent access, tampering, or vandalism by unauthorized persons, and failing to provide corrosion protection for the out-of-service UST system; PENALTY: $4,625; ENFORCEMENT COORDINATOR: Tyler Richardson, (512) 239-4872; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(13) COMPANY: Layne Properties, LLC; DOCKET NUMBER: 2019-0941-PWS-E; IDENTIFIER: RN106492234; LOCATION: Azle, Parker County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to obtain a sanitary control easement covering land within 150 feet of the facility's well; and 30 TAC §290.46(n)(3), by failing to keep on file copies of well completion data as defined in 30 TAC §290.41(c)(3)(A) for as long as the well remains in service; PENALTY: $100; ENFORCEMENT COORDINATOR: Marla Waters, (512) 239-4712; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: Professional General Management Services, Incorporated; DOCKET NUMBER: 2019-0704-WOC-E; IDENTIFIER: RN104002365; LOCATION: Dripping Springs, Hays County; TYPE OF FACILITY: water operations company; RULES VIOLATED: 30 TAC §30.5(a) and §30.381(b) and TWC, §37.003 and Texas Health and Safety Code, §341.034(a), by failing to hold a valid water operations company registration prior to performing process control duties in the production or distribution of public drinking water; PENALTY: $500; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(15) COMPANY: Quality Homes of Abilene, LLC; DOCKET NUMBER: 2019-1387-WQ-E; IDENTIFIER: RN110813383; LOCATION: Tuscola, Taylor County; TYPE OF FACILITY: residential construction site; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $875; ENFORCEMENT COORDINATOR: Steven VanLandingham, (512) 239-5717; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(16) COMPANY: Roma Independent School District; DOCKET NUMBER: 2019-0320-PST-E; IDENTIFIER: RN101684595; LOCATION: Roma, Starr County; TYPE OF FACILITY: fleet refueling station; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued delivery certificate by submitting a properly completed underground storage tank (UST) registration and self-certification form at least 30 days before the expiration date; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST; 30 TAC §334.48(f) and §334.49(c)(4)(C) and TWC, §26.3475(d), by failing to have the corrosion protection system inspected and tested for operability and adequacy of protection at a frequency of at least once every three years; 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the UST for releases 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; PENALTY: $8,251; ENFORCEMENT COORDINATOR: Tyler Richardson, (512) 239-4872; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(17) COMPANY: S & R BUSINESS, INCORPORATED dba Angels Grocery; DOCKET NUMBER: 2019-0854-PST-E; IDENTIFIER: RN102441581; LOCATION: San Leon, Galveston County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(B) and (2)(A)(iii) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tank (UST), and piping associated with the UST, which were installed after January 1, 2009 for releases at a frequency of at least once every 30 days using interstitial monitoring; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Tyler Smith, (512) 239-3421; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(18) COMPANY: Solid Rock Crushing, LLC; DOCKET NUMBER: 2019-0699-AIR-E; IDENTIFIER: RN109172221; LOCATION: Abilene, Taylor County; TYPE OF FACILITY: portable rock crusher; RULES VIOLATED: 30 TAC §§101.20(1), 116.115(c), and 116.615(10), 40 Code of Federal Regulations §60.8 and §60.672(b), Air Quality Standard Permit for Temporary Rock and Concrete Crushers, General Requirements Number (1)(O), and Texas Health and Safety Code (THSC), §382.085(b), by failing to conduct the initial performance test within 60 days after achieving the maximum production rate at which the affected facility will be operated but not later than 180 days after initial startup; 30 TAC §116.115(c) and §116.615(8), Air Quality Standard Permit for Temporary Rock and Concrete Crushers, General Requirements Number (1)(M), and THSC, §382.085(b), by failing to maintain written records on site; 30 TAC §116.615(5)(A) and THSC, §382.085(b), by failing to provide a notification prior to the commencement of operations; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Margarita Dennis, (817) 588-5892; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(19) COMPANY: Sumeer Homes, Incorporated; DOCKET NUMBER: 2019-1457-WQ-E; IDENTIFIER: RN110830486; LOCATION: Krugerville, Denton County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $875; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: Surjit Singh dba Express Food Mart; DOCKET NUMBER: 2019-0628-PST-E; IDENTIFIER: RN102347879; LOCATION: Sherman, Grayson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.7(d)(1)(A) and (3), by failing to provide an amended registration for any change or additional information regarding the underground storage tank (UST) system within 30 days from the date of the occurrence of the change or addition or within 30 days from the date on which the owner or operator first became aware of the change or addition; and 30 TAC §334.50(b)(1)(A) and (d)(9)(A)(iii) and TWC, §26.3475(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 by taking appropriate steps to ensure that a statistical inventory reconciliation (SIR) analysis report is received from the vendor in no more than 15 calendar days following the last day of the 30-day period for which the SIR analysis is performed; PENALTY: $4,875; ENFORCEMENT COORDINATOR: Berenice Munoz, (915) 834-4976; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(21) COMPANY: TAKHAR & SON, L.L.C. dba Texas Oasis; DOCKET NUMBER: 2019-0671-PST-E; IDENTIFIER: RN102036878; LOCATION: Tioga, Grayson County; TYPE OF FACILITY: retail convenience facility; RULES VIOLATED: 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: $3,375; ENFORCEMENT COORDINATOR: Julianne Dewar, (817) 588-5861; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(22) COMPANY: TIDWELL WASTEWATER UTILITY, L.L.C.; DOCKET NUMBER: 2019-0850-PWS-E; IDENTIFIER: RN102975604; LOCATION: Houston, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(f)(2) and (3)(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 §290.39(j), by failing to receive an approval prior to making any significant change or addition to the system's production, treatment, storage, pressure maintenance, or distribution facilities; 30 TAC §290.39(o)(1), by failing to adopt and submit to the ED for approval an emergency preparedness plan that demonstrates the facility's ability to provide emergency operations; and 30 TAC §291.76 and TWC, §5.702, by failing to pay Regulatory Assessment Fees for the TCEQ Public Utility Account regarding Certificate of Convenience and Necessity Number 13026 for the 2018 calendar year; PENALTY: $157; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(23) COMPANY: TPC Group LLC; DOCKET NUMBER: 2019-0342-AIR-E; IDENTIFIER: RN104964267; LOCATION: Port Neches, Jefferson County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §101.201(c) and §122.143(4), Federal Operating Permit (FOP) Number O1327, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 2.F, and Texas Health and Safety Code (THSC), §382.085(b), by failing to create a final record for a reportable emissions event no later than two weeks after the end of the emissions event; 30 TAC §§111.111(a)(4)(A), 116.115(c), and 122.143(4), New Source Review (NSR) Permit Number 20485, Special Conditions (SC) Number 1, FOP Number O1327, GTC and STC Number 20, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §116.115(c) and §122.143(4), NSR Permit Number 20485, SC Number 1, FOP Number O1327, GTC and STC Number 20, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $41,191; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $16,476; ENFORCEMENT COORDINATOR: Soraya Bun, (713) 422-8912; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(24) COMPANY: Victoria County Water Control and Improvement District Number 2; DOCKET NUMBER: 2019-1010-PWS-E; IDENTIFIER: RN101398303; LOCATION: Placedo, Victoria County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(d)(2)(A) and §290.110(b)(4), and Texas Health and Safety Code, §341.0315(c), by failing to maintain a minimum disinfectant residual of 0.2 milligrams per liter free chlorine throughout the distribution system at all times; 30 TAC §290.46(f)(2) and (3), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director upon request; 30 TAC §290.46(m)(6), by failing to maintain all pumps, motors, valves, and other mechanical devices in good working condition; 30 TAC §290.46(s)(2)(c)(i), by failing to verify the accuracy of the manual disinfectant residual analyzers at least once every 90 days using chlorine solutions of known concentrations; and 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan at each water treatment plant that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the public water system will use to comply with the monitoring requirements; PENALTY: $568; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(25) COMPANY: White Oak Bayou Joint Powers Board; DOCKET NUMBER: 2019-0981-MWD-E; IDENTIFIER: RN102177524; LOCATION: Jersey Village, Harris County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §217.36(h) and (j)(2) and §305.125(1) and (5) and Texas Pollutant Discharge Elimination System Permit Number WQ0011538001, Operational Requirements Number 4, by failing to install adequate safeguards to prevent the discharge of untreated or inadequately treated wastes during electrical power failures by means of alternate power sources, standby generators, and/or retention; PENALTY: $15,750; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-201903844

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: October 22, 2019


Enforcement Orders

An agreed order was adopted regarding Ace-S&R Investment Company LLC and Ram Stores, Inc., Docket No. 2018‑0766‑PST‑E on October 22, 2019, assessing $5,100 in administrative penalties with $1,020 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 HFOTCO LLC, Docket No. 2018‑0894‑AIR‑E on October 22, 2019, assessing $7,140 in administrative penalties with $1,428 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 BASF TOTAL Petrochemicals LLC, Docket No. 2018‑1231‑AIR‑E on October 22, 2019, assessing $6,563 in administrative penalties with $1,312 deferred. Information concerning any aspect of this order may be obtained by contacting Amanda Diaz, 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 PRATT & WHITNEY SERVICES, INC., Docket No. 2018‑1347‑IHW‑E on October 22, 2019, assessing $4,875 in administrative penalties with $975 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 Samsung Austin Semiconductor, LLC, Docket No. 2018‑1476‑AIR‑E on October 22, 2019, assessing $5,437 in administrative penalties with $1,087 deferred. Information concerning any aspect of this order may be obtained by contacting Amanda Diaz, 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 Phyllis Gray Wier, Docket No. 2018‑1507‑PST‑E on October 22, 2019, assessing $4,500 in administrative penalties with $900 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 Aqua Utilities, Inc., Docket No. 2018‑1519‑PWS‑E on October 22, 2019, assessing $150 in administrative penalties with $30 deferred. Information concerning any aspect of this order may be obtained by contacting Marla Waters, 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 Clifton Turner dba Joshua Park Grocery, Docket No. 2018‑1542‑PST‑E on October 22, 2019, assessing $3,373 in administrative penalties with $674 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 TriStar Convenience Stores, Inc. dba Handi Stop 17, Docket No. 2018‑1604‑PST‑E on October 22, 2019, assessing $7,500 in administrative penalties with $1,500 deferred. Information concerning any aspect of this order may be obtained by contacting Tyler 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 Alumax Mill Products, Inc., Docket No. 2018‑1664‑AIR‑E on October 22, 2019, assessing $3,000 in administrative penalties with $600 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 Apache Corporation, Docket No. 2018‑1721‑AIR‑E on October 22, 2019, assessing $4,500 in administrative penalties with $900 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 QUANTCORP CONSTRUCTION, L.L.C., Docket No. 2018‑1737‑WQ‑E on October 22, 2019, assessing $4,875 in administrative penalties with $975 deferred. Information concerning any aspect of this order may be obtained by contacting Caleb Olson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Pleasanton Stop, Inc., Docket No. 2019‑0036‑PST‑E on October 22, 2019, assessing $3,687 in administrative penalties with $737 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 DANNY FOIX' #3, LLC, Docket No. 2019‑0062‑PST‑E on October 22, 2019, assessing $2,662 in administrative penalties with $532 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 City of Tatum, Docket No. 2019‑0066‑PWS‑E on October 22, 2019, assessing $302 in administrative penalties with $60 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Aqua Utilities, Inc., Docket No. 2019‑0116‑PWS‑E on October 22, 2019, assessing $157 in administrative penalties with $31 deferred. Information concerning any aspect of this order may be obtained by contacting Epifanio 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 PANAS INC dba Jakes Convenience Store, Docket No. 2019‑0124‑PST‑E on October 22, 2019, assessing $5,341 in administrative penalties with $1,068 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding BOB HARRIS OIL COMPANY dba South Main Texaco, Docket No. 2019‑0143‑PST‑E on October 22, 2019, assessing $3,000 in administrative penalties with $600 deferred. Information concerning any aspect of this order may be obtained by contacting Amanda Diaz, 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 Fort Bend County Municipal Utility District No. 134A, Docket No. 2019‑0160‑PWS‑E on October 22, 2019, assessing $810 in administrative penalties with $162 deferred. Information concerning any aspect of this order may be obtained by contacting Julianne Dewar, 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 Bartlett Cocke General Contractors, LLC, Docket No. 2019‑0174‑WQ‑E on October 22, 2019, assessing $4,688 in administrative penalties with $937 deferred. Information concerning any aspect of this order may be obtained by contacting Caleb Olson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding City of Jayton, Docket No. 2019‑0177‑PWS‑E on October 22, 2019, assessing $485 in administrative penalties with $97 deferred. Information concerning any aspect of this order may be obtained by contacting Julianne Dewar, 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 Kingsbridge Municipal Utility District, Docket No. 2019‑0193‑PWS‑E on October 22, 2019, assessing $1,098 in administrative penalties with $219 deferred. Information concerning any aspect of this order may be obtained by contacting Marla Waters, 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 Fast Stop 27, Docket No. 2019‑0239‑PST‑E on October 22, 2019, assessing $4,601 in administrative penalties with $920 deferred. Information concerning any aspect of this order may be obtained by contacting Tyler 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 San Saba Aggregates, LLC in San Saba, Docket No. 2019‑0263‑AIR‑E on October 22, 2019, assessing $1,250 in administrative penalties with $250 deferred. Information concerning any aspect of this order may be obtained by contacting Soraya Bun, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding A & R Pallets, LLC, Docket No. 2019‑0290‑AIR‑E on October 22, 2019, assessing $1,942 in administrative penalties with $388 deferred. Information concerning any aspect of this order may be obtained by contacting Soraya Bun, 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 Scott W. Gray dba Iwanda Mobile Home Park, Docket No. 2019‑0312‑PWS‑E on October 22, 2019, assessing $1,529 in administrative penalties with $305 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 City of Danbury, Docket No. 2019‑0328‑PWS‑E on October 22, 2019, assessing $120 in administrative penalties with $24 deferred. Information concerning any aspect of this order may be obtained by contacting Epifanio 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 City of Rio Hondo, Docket No. 2019‑0389‑PWS‑E on October 22, 2019, assessing $1,280 in administrative penalties with $256 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 David McNeese dba McNeese Pumping, Docket No. 2019‑0467‑SLG‑E on October 22, 2019, assessing $1,250 in administrative penalties with $250 deferred. Information concerning any aspect of this order may be obtained by contacting Chase Davenport, 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 MUNNA RUBEL ENTERPRISES INC. dba Stop by Mart, Docket No. 2019‑0468‑PST‑E on October 22, 2019, assessing $1,626 in administrative penalties with $325 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Milagro Interests, Inc., Docket No. 2019‑0511‑PWS‑E on October 22, 2019, assessing $500 in administrative penalties with $100 deferred. Information concerning any aspect of this order may be obtained by contacting Marla Waters, 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 M & H CRATES, INC., Docket No. 2019‑0533‑WQ‑E on October 22, 2019, assessing $1,312 in administrative penalties with $262 deferred. Information concerning any aspect of this order may be obtained by contacting Had Darling, 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 Gallagher Acquisitions, LLC, Docket No. 2019‑0585‑PWS‑E on October 22, 2019, assessing $153 in administrative penalties with $30 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 Terrell Trading Company Inc., Docket No. 2019‑0745‑PST‑E on October 22, 2019, assessing $2,447 in administrative penalties with $489 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.

TRD-201903859

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 23, 2019


Enforcement Orders

An order was adopted regarding Skypak Corp. dba Country Food Store, Docket No. 2017‑0550‑PST‑E on October 23, 2019 assessing $4,832 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ian Groetsch, 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 Deyma Davila dba Dey's RV and Mobile Park, LLC, Docket No. 2017‑1160‑PWS‑E on October 23, 2019 assessing $720 in administrative penalties with $225 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding ConocoPhillips Company, Docket No. 2018‑0175‑AIR‑E on October 23, 2019 assessing $120,014 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, 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 MO-VAC SERVICE COMPANY, Docket No. 2018‑0389‑WQ‑E on October 23, 2019 assessing $20,000 in administrative penalties with $4,000 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 the City of Carthage, Docket No. 2018‑0474‑MSW‑E on October 23, 2019 assessing $13,876 in administrative penalties with $2,775 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 Linda Mosbacker, Docket No. 2018‑0478‑MLM‑E on October 23, 2019 assessing $11,414 in administrative penalties with $7,814 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 the City of Olton, Docket No. 2018‑0508‑MWD‑E on October 23, 2019 assessing $26,189 in administrative penalties with $5,237 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 Pioneer Natural Resources USA, Inc., Docket No. 2018‑0751‑AIR‑E on October 23, 2019 assessing $235,500 in administrative penalties with $47,100 deferred. Information concerning any aspect of this order may be obtained by contacting Amanda Diaz, 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 Industrial Models Group, Inc., Docket No. 2018‑0770‑AIR‑E on October 23, 2019 assessing $33,847 in administrative penalties with $6,769 deferred. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, 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. 2018‑0795‑AIR‑E on October 23, 2019 assessing $49,087 in administrative penalties. 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 Robert Thomas Azzarello, Trustee of Robert Thomas Azzarello Trust, dba Pearland Acres Mobile Home Park, Docket No. 2018‑0877‑PWS‑E on October 23, 2019 assessing $1,094 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ryan Rutledge, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding the City of Pearsall, Docket No. 2018‑0888‑MWD‑E on October 23, 2019 assessing $11,625 in administrative penalties with $2,325 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 the City of Shamrock, Docket No. 2018‑1037‑MSW‑E on October 23, 2019 assessing $13,126 in administrative penalties with $2,625 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 the City of Palmer, Docket No. 2018‑1059‑MWD‑E on October 23, 2019 assessing $14,625 in administrative penalties with $2,925 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 JP80 RV, LLC, Docket No. 2018‑1066‑PWS‑E on October 23, 2019 assessing $350 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Logan Harrell, 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 Kuraray America, Inc., Docket No. 2018‑1098‑AIR‑E on October 23, 2019 assessing $12,942 in administrative penalties with $2,588 deferred. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, 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 Ladonia, Docket No. 2018‑1207‑PWS‑E on October 23, 2019 assessing $12,443 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Cimarron Produce Corporation dba Chikita Express Store, Docket No. 2018‑1213‑PST‑E on October 23, 2019 assessing $7,624 in administrative penalties with $1,524 deferred. Information concerning any aspect of this order may be obtained by contacting Berenice Munoz, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding the City of Waxahachie, Docket No. 2018‑1225‑WQ‑E on October 23, 2019 assessing $5,025 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Caleb Olson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Liberty Utilities (Woodmark Sewer) Corp., Docket No. 2018‑1276‑MWD‑E on October 23, 2019 assessing $12,375 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Caleb Olson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding WTG Gas Processing, L.P., Docket No. 2018‑1320‑AIR‑E on October 23, 2019 assessing $21,562 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding DRIVER LEASING, INC., Docket No. 2018‑1343‑PST‑E on October 23, 2019 assessing $17,929 in administrative penalties with $3,585 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.

A default order was adopted regarding Bernardo Espinoza dba J.B. Stone Quarry 2, Docket No. 2018‑1394‑EAQ‑E on October 23, 2019 assessing $9,750 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Logan Harrell, 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 Total Petrochemicals & Refining USA, Inc., Docket No. 2018‑1445‑AIR‑E on October 23, 2019 assessing $26,250 in administrative penalties with $5,250 deferred. Information concerning any aspect of this order may be obtained by contacting Amanda Diaz, 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 Trinity River Authority of Texas, Docket No. 2018‑1494‑MWD‑E on October 23, 2019 assessing $6,563 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Christopher Moreno, 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 Exxon Mobil Corporation, Docket No. 2018‑1514‑AIR‑E on October 23, 2019 assessing $26,175 in administrative penalties with $5,235 deferred. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, 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 Exxon Mobil Corporation, Docket No. 2018‑1573‑AIR‑E on October 23, 2019 assessing $25,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, 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 Lazbuddie Independent School District, Docket No. 2019‑0047‑PWS‑E on October 23, 2019 assessing $862 in administrative penalties. 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 INEOS NITRILES USA LLC, Docket No. 2018‑0979‑IWD‑E on October 23, 2019 assessing $42,400 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Aaron Vincent, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Baybrook Municipal Utility District 1, Docket No. 2019‑0171‑PWS‑E on October 23, 2019 assessing $405 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Marla Waters, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

TRD-201903868

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 23, 2019


Notice of Application and Opportunity to Request a Public Meeting for a New Municipal Solid Waste Facility: Registration Application No. 40305

Application. Texas Decon LLC, 122 Dennis Drive, Seguin, Texas, 78155, has applied to the Texas Commission on Environmental Quality (TCEQ) for proposed Registration No. 40305, to construct and operate a Type V municipal solid waste medical waste processing facility. The proposed facility, Texas Decon will be located 0.2 miles south of the intersection of State Highway 123 and FM 758 on the west side of State Highway 123; 78155, in Guadalupe County. The Applicant is requesting authorization to process, store, and transfer medical waste, trace chemotherapy waste, non-hazardous pharmaceuticals within an enclosed building. The registration application is available for viewing and copying at the Seguin Public Library, 313 West Nolte Street, Seguin, Texas 78155 and may be viewed online at https://cook- joyce.com/permits/. 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://tceq.maps.arcgis.com/apps/webappviewer/index.html?id=db5bac44afbc468bbddd360f 8168250f&marker=- 10905447.6418%2C3464976.1163%2C102100%2C122%20Dennis%20Drive%2C%2C122%20Dennis%20Drive&level=19. For exact location, refer to application.

Public Comment/Public Meeting. Written public comments or written requests for a public meeting must be submitted to the Office of 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.

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 website www.tceq.texas.gov/goto/pep. General information regarding the TCEQ can be found at our web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.

Further information may also be obtained from Texas Decon LLC at the address stated above or by calling David Kirk Flippin at (830) 660-3149.

TRD-201903861

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 23, 2019


Notice of Application and Opportunity to Request a Public Meeting for a New Municipal Solid Waste Facility: Registration Application No. 40306

Application. Waste Management of Texas, Inc. 9900 Giles Road Austin, Texas 78754, has applied to the Texas Commission on Environmental Quality (TCEQ) for proposed Registration No. 40306, to construct and operate a Type V municipal solid waste Transfer Station. The proposed facility, Austin Community Transfer Station, will be located 500-ft north of intersection of Giles Road and US Hwy 290 Austin, Texas 78757, in Travis County. The Applicant is requesting authorization to store, process, and transfer municipal solid waste which includes household, yard, commercial, construction, and demolition waste as well as brush, rubbish, Class 2 non-hazardous industrial solid waste, class 3 non-hazardous industrial solid waste, shredded or quartered tires, and certain special wastes. The registration application is available for viewing and copying at the University Hills Branch Library 4721 Loyola Lane Austin, Texas 78723, and may be viewed online at https://www.wm.com/wm/permits-texas/permits.jsp. 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/1yrXqi. For exact location, refer to application.

Public Comment/Public Meeting. Written public comments or written requests for a public meeting must be submitted to the Office of 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.

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 website www.tceq.texas.gov/goto/pep. General information regarding the TCEQ can be found at our web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.

Further information may also be obtained from Waste Management of Texas, Inc. at the address stated above or by calling Charles Rivette at (512) 272-6245.

TRD-201903858

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 23, 2019


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is December 5, 2019. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on December 5, 2019. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: BUCHANAN LAKE VILLAGE, INC.; DOCKET NUMBER: 2018-1655-PWS-E; TCEQ ID NUMBER: RN101224988; LOCATION: 512 Frazier Street, Tow, Llano County; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.46(m)(4), by failing to maintain all water treatment units, storage and pressure maintenance facilities, distribution system lines, and related appurtenances in a watertight condition and free of excessive solids; PENALTY: $90; STAFF ATTORNEY: John S. Merculief II, Litigation Division, MC 175, (512) 239-6944; REGIONAL OFFICE: Austin Regional Office, 12100 Park 35 Circle, Building A, Room 179, Austin, Texas 78753, (512) 339-2929.

(2) COMPANY: Howard Bruce Freeman; DOCKET NUMBER: 2019-0771-MSW-E;

TCEQ ID NUMBER: RN10502705; LOCATION: 3320 Highway 69 South, Kountze, Hardin County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) site; RULE VIOLATED: 30 TAC §330.15(c), by causing, suffering, allowing, or permitting the unauthorized disposal of MSW. Specifically, approximately 214 cubic yards of MSW consisting of six 55-gallon barrels and drums, general household waste and appliances, plastics, clothing, miscellaneous metals, toys, wooden fencing, discarded vehicles and vehicle parts, and approximately 12 tires were disposed of at the site; PENALTY: $1,312; STAFF ATTORNEY: Jaime Garcia, Litigation Division, MC 175, (512) 239-5807; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(3) COMPANY: Michael Espitia; DOCKET NUMBER: 2018-0590-MSW-E; TCEQ ID NUMBER: RN109641498; LOCATION: 1920 Union Wine Road, New Braunfels, Guadalupe County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) site; RULES VIOLATED: 30 TAC §330.15(a) and (c), by causing, suffering, allowing, or permitting the unauthorized disposal of MSW; PENALTY: $30,000; STAFF ATTORNEY: Jess Robinson, Litigation Division, MC 175, (512) 239-0455; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(4) COMPANY: THE DAYA ENTERPRISE, INC. dba Regal Food Mart; DOCKET NUMBER: 2018-1160-PST-E; TCEQ ID NUMBER: RN101755783; LOCATION: 2010 1st Street, Palacios, Matagorda County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; TWC, §26.3467(a) and 30 TAC §334.8(c)(5)(A)(i), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST; and TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances used as motor fuel; PENALTY: $6,792; STAFF ATTORNEY: Logan Harrell, Litigation Division, MC 175, (512) 239-1439; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-201903842

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: October 22, 2019


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent the Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is December 5, 2019. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on December 5, 2019. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Bandera Shell LLC dba Bandera Stop; DOCKET NUMBER: 2018-0246-PST-E; TCEQ ID NUMBER: RN101433076; LOCATION: 5902 Bandera Road, San Antonio, Bexar County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; and 30 TAC §334.602(a), by failing to designate, train, and certify at least one individual for each class of operator-Class A, B, and C, for the facility; PENALTY: $11,374; STAFF ATTORNEY: Kevin Bartz, Litigation Division, MC 175, (512) 239-6225; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: Edward M. Moss and Lourdes Moss; DOCKET NUMBER: 2018-1592-PWS-E; TCEQ ID NUMBER: RN109321638; LOCATION: 699 County Road 1180 near Alvord, Wise County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.42(l), by failing to maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.41(c)(3)(K), by failing to ensure that wellheads and pump bases are sealed by a gasket or sealing compound and properly vented to prevent the possibility of contaminating the well water; 30 TAC §290.43(c), by failing to ensure that all potable water storage facilities are covered and designed, fabricated, erected, tested, and disinfected in strict accordance with current American Water Works Association standards; 30 TAC §290.41(c)(3)(J), by failing to provide a concrete sealing block that extends a minimum of three feet from the well casing in all directions with a minimum thickness of six inches and sloped to drain away at not less than 0.25 inch per foot; 30 TAC §290.43(e), by failing to install all potable water storage tanks and pressure maintenance facilities in a lockable building or enclosed by an intruder-resistant fence with lockable gates; 30 TAC §290.45(c)(1)(B)(iii), by failing to provide two or more service pumps which have a total capacity of 1.0 gallons per minute (gpm); 30 TAC §290.45(c)(1)(B)(iv), by failing to provide a pressure tank capacity of 10 gallons per unit; and 30 TAC §290.45(c)(1)(B)(i), by failing to provide a well capacity of 0.6 gpm per unit; PENALTY: $837; STAFF ATTORNEY: Audrey Liter, Litigation Division, MC 175, (512) 239-0684; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Linda W. Ball; DOCKET NUMBER: 2019-0070-PWS-E; TCEQ ID NUMBER: RN102708153; LOCATION: 618 West Archer Road near Baytown, Harris County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.108(e), by failing to report the results of radionuclide sampling to the executive director (ED) for the January 1, 2009 through December 31, 2017 monitoring period; 30 TAC §§290.46(f)(4); 290.107(e), and 290.122(c)(2)(A) and (f), by failing to report the results of volatile organic chemical (VOC) contaminants sampling to the ED, and failing to provide public notification and submit a copy of the notification to the ED, accompanied with a signed Certificate of Delivery, regarding the failure to report the results of VOC contaminants sampling; 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a Disinfectant Level Quarterly Operating Report to the ED each quarter by the tenth day of the month following the end of the quarter; 30 TAC §§290.46(f)(4), 290.115(e), and 290.122(c)(2)(A) and (f), by failing to report the results of the Stage 2 Disinfection Byproducts (DBP2) sampling to the ED and failing to provide public notification and submit a copy of the notification to the ED regarding the failure to report the results of DBP2 sampling; 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver or post in an appropriate location one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year, and failing to submit to the TCEQ by July 1st of each year a copy of the annual CCR and certification that the CCR was distributed to the customers of the facility and that the information in the CCR is correct and consistent with compliance monitoring data; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of each public notification to the ED regarding the failure to report the results of cyanide sampling, regarding the failure to report the results of metals sampling, regarding the failure to report the results of synthetic organic chemical contaminants Group 5 sampling, regarding the failure to report the results of the nitrate sampling; 30 TAC §§290.46(f)(4), 290.106(e), 290.107(e), and 290.122(c)(2)(A) and (f), by failing to report the results of minerals sampling and SOC contaminants (Method 504, 515, and 531) sampling to the ED, and failing to provide public notification and submit a copy of the notification, accompanied with a signed Certificate of Delivery, to the ED regarding the failure to report the results of the minerals sampling and SOC contaminants (Method 504, 515, and 531) sampling; PENALTY: $3,250; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(4) COMPANY: SSIA GROUP INC dba Gateway Foodmart 3; DOCKET NUMBER: 2018-0848-PST-E; TCEQ ID NUMBER: RN101664456; LOCATION: 100 East Hallmark Avenue, Killeen, Bell County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; TWC, §26.3475(c)(2) and 30 TAC §334.42(i), by failing to inspect all sumps, manways, overspill containers, or catchment basins associated with the UST system at least once every 60 days to assure that their sides, bottoms, and any penetration points are maintained liquid tight; and 30 TAC §334.10(b)(2), by failing to assure that all recordkeeping requirements are met; PENALTY: $5,743; STAFF ATTORNEY: Kevin Bartz, Litigation Division, MC 175, (512) 239-6225; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-201903843

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: October 22, 2019


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Orders (S/DOs). Texas Water Code (TWC), §26.3475, authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations, the proposed penalty, the proposed technical requirements necessary to bring the entity back into compliance, and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is December 5, 2019. The commission will consider any written comments received and the commission may withdraw or withhold approval of an S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed S/DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed S/DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on December 5, 2019. Written comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The commission's attorneys are available to discuss the S/DOs and/or the comment procedure at the listed phone numbers; however, comments on the S/DOs shall be submitted to the commission in writing.

(1) COMPANY: 1203 Chestnut, Inc. dba All Stop Food Mart; DOCKET NUMBER: 2018-1756-PST-E; TCEQ ID NUMBER: RN101492999; LOCATION: 1203 Chestnut Street, Bastrop, Bastrop County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3467(a) and 30 TAC §334.8(c)(5)(A)(i), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued UST delivery certificate by submitting a properly completed UST Registration and Self-Certification form at least 30 days before the expiration date; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs in a manner which will detect a release at a frequency of at least once every 30 days; TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; and 30 TAC §334.605(a) and (b), by failing to ensure that a certified Class A, B, and C Operator was re-trained within three years of their last training date; PENALTY: $10,686; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Austin Regional Office, 12100 Park 35 Circle, Building A, Room 179, Austin, Texas 78753, (512) 339-2929.

(2) COMPANY: BVE ENTERPRISES INC. dba Easy Stop; DOCKET NUMBER: 2018-1583-PST-E; TCEQ ID NUMBER: RN102353729; LOCATION: 2156 State Highway 361, Ingleside, San Patricio County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs in a manner which will detect a release at a frequency of at least once every 30 days; and TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $4,626; STAFF ATTORNEY: Kevin Bartz, Litigation Division, MC 175, (512) 239-6225; REGIONAL OFFICE: Corpus Christi Regional Office, NRC Building, Suite 1200, 6300 Ocean Drive, Unit 5839, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(3) COMPANY: NIROJ CORPORATION dba Cigarette Mart; DOCKET NUMBER: 2019-0515-PST-E; TCEQ ID NUMBER: RN105680375; LOCATION: 1430 South Clark Road, Duncanville, Dallas County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1), 30 TAC §334.50(b)(1)(A), and TCEQ AO, Docket Number 2017-0231-PST-E, Ordering Provisions Numbers 2.a and 2.b., by failing to monitor the UST for releases in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $31,500; STAFF ATTORNEY: Jaime Garcia, Litigation Division, MC 175, (512) 239-5807; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: SHERA CORPORATION dba Dairy way Food Mart; DOCKET NUMBER: 2018-0932-PST-E; TCEQ ID NUMBER: RN102049632; LOCATION: 5235 West Davis Street, Dallas, Dallas County; TYPE OF FACILITY: UST system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; TWC, §26.3475(d) and 30 TAC §334.49(c)(4)(C), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection at a frequency of at least once every three years; TWC, §26.3475(d) and 30 TAC §334.9(c)(2)(C), by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure the rectifier and other components are operating properly; 30 TAC §334.10(b)(2), by failing to assure all UST recordkeeping requirements are met; and 30 TAC §334.606, by failing to maintain required operator training certification records and make them available for inspection upon request by agency personnel; PENALTY: $9,804; STAFF ATTORNEY: Kevin Bartz, Litigation Division, MC 175, (512) 239-6225; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-201903841

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: October 22, 2019


Notice of Receipt of Application and Intent to Obtain Municipal Solid Waste Permit: Proposed Permit No. 2404

Application. Diamond Back Recycling and Sanitary Landfill, LP, P.O. Box 2283, Odessa, Ector County, Texas 79760, a waste management company, has submitted an application to the Texas Commission on Environmental Quality (TCEQ) for a new Municipal Solid Waste Landfill (Type I) permit to authorize the acceptance of residential and commercial municipal solid waste from Ector and surrounding counties. The Diamond Back Solid Waste Facility and Recycling Center will be located at 2301 South FM 866, Odessa, Ector County, Texas 79763. The TCEQ received this application on August 5, 2019. The application is available for viewing and copying at Ector County Library, 321 West 5th Street, Odessa, Ector County, Texas 79761, and may be viewed online at http://www.team-psc.com/engineering-sector/solid-waste/tceq-permits/. 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://tceq.maps.arcgis.com/apps/webappviewer/index.html?id=db5bac44afbc468bbddd360f 8168250f&marker=-102.547492%2C31.790906&level=12. 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 will issue a 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. You may submit public comments or request a public meeting on this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ will hold a public meeting if the Executive Director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.

Opportunity for a Contested Case Hearing. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material, or significant public comments.

Unless the application is directly referred for a contested case hearing, the response to comments, and the Executive Director's decision on the application, will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application.

If comments are received, the mailing will also provide instructions for requesting reconsideration of the Executive Director's decision and for requesting a contested case hearing.

A person who may be affected by the facility is entitled to request a contested case hearing from the commission. A contested case hearing is a legal proceeding similar to a civil trial in state district court.

To Request a Contested Case Hearing, You Must Include The Following Items in Your Request: your name, address, phone number; applicant's name and permit number; the location and distance of your property/activities relative to the facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; a list of all disputed issues of fact that you submit during the comment period; and the statement "(I/we) request a contested case hearing." If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group's representative for receiving future correspondence; identify by name and physical address an individual member of the group who would be adversely affected by the facility or activity; provide the information discussed above regarding the affected member's location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group's purpose.

Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. The Commission may only grant a request for a contested case hearing on issues the requestor submitted in their timely comments that were not subsequently withdrawn.

If a hearing is granted, the subject of a hearing will be limited to disputed issues of fact or mixed questions of fact and law that are relevant and material to the Commission's decision on the application submitted during the comment period.

Mailing List. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director's decision, 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.

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 permit number for this application, which is provided at the top of this notice.

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 permit application or the permitting process, please call the TCEQ's Public Education Program, Toll Free, at (800) 687-4040 or visit their website at www.tceq.texas.gov/goto/pep. Si desea información en español, puede llamar al (800) 687- 4040. Further information may also be obtained from Diamond Back Recycling and Sanitary Landfill, LP at the address stated above or by calling Mr. Todd E. Stiggins, Team Leader/Associate, Parkhill, Smith, and Cooper, Inc. at (806) 473-3683.

TRD-201903860

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 23, 2019


Texas Health and Human Services Commission

Public Notice - Amendment to the Medically Dependent Children Program Effective March 9, 2020

The Texas Health and Human Services Commission (HHSC) is submitting to the Centers for Medicare & Medicaid Services (CMS) a request to amend the Medically Dependent Children Program (MDCP) waiver administered under section 1915(c) of the Social Security Act. CMS has approved this waiver through August 31, 2023. The proposed effective date for the amendment is March 9, 2020.

The amendment request proposes to make the following changes:

Changing interest list procedures for individuals who lose eligibility for the Medically Dependent Children Program, to comply with Senate Bill 1207 of the 86th Texas Legislature.

Clarifying the budget authority for participants in the consumer-directed services option around requests to change the budget by the participant.

Clarifying that the state offers an external medical review prior to a Fair Hearing.

Correcting the data source for performance measure G.b.1, number and percent of individuals free of critical incidents not related to abuse, neglect, or exploitation.

These changes will not have an impact on cost neutrality of the MDCP waiver program.

The MDCP waiver provides home and community-based services to persons under age 21 who are medically fragile through the STAR Kids and STAR Health programs and meet the requirements for nursing facility care. Services include respite, adaptive aids, minor home modifications, employment assistance, supported employment, financial management services, transition assistance services, and flexible family support services. Texas uses the MDCP waiver to provide services to Texans in the least restrictive environment possible. These environments include the individual's or a family member's home, or a Child Protective Services foster care home which can meet the individual's complex medical needs.

You may obtain a free copy of the proposed waiver amendment, including the MDCP settings transition plan, or ask questions, obtain additional information, or submit comments regarding this amendment or the MDCP settings transition plan, by contacting Camille Weizenbaum by U.S. mail, telephone, fax, or email. The addresses are as follows:

U.S. Mail

Texas Health and Human Services Commission

Attention: Camille Weizenbaum, Waiver Coordinator, Policy Development Support

P.O. Box 13247

Mail Code H-600

Austin, Texas 78711-3247

Telephone

(512) 487-3446

Fax

Attention: Camille Weizenbaum, Waiver Coordinator, at (512) 487-3403

Email

TX_Medicaid_Waivers@hhsc.state.tx.us

The HHSC local offices will post this notice for 30 days. The proposed waiver amendment can be found online on the Health and Human Services website at https://hhs.texas.gov/laws-regulations/policies-rules/waivers/mdcp-waiver.

TRD-201903856

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: October 22, 2019


Public Notice - Community Living Assistance and Support Services Waiver Amendment Effective March 9, 2020

The Texas Health and Human Services Commission (HHSC) is submitting to the Centers for Medicare & Medicaid Services (CMS) a request to amend the Community Living Assistance and Support Services (CLASS) waiver administered under section 1915(c) of the Social Security Act. CMS has approved this waiver through August 31, 2024. The proposed effective date for the amendment is March 9, 2020.

The request proposes to amend the waiver as follows:

Appendix B

Changing interest list procedures for individuals who lose eligibility for the Medically Dependent Children Program, to comply with Senate Bill 1207 of the 86th Texas Legislature.

Appendix C

Correcting the licensing chapter for Behavioral Support service providers.

Correcting the licensing chapter for dentists as Dental service providers and adding dental hygienists as Dental service providers.

Adding certification from the Certified Horsemanship Association as a qualification to be a service provider of specialized therapies.

The CLASS waiver, first authorized September 1, 1991, 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 should supplement, rather than replace, those available from other sources. These changes will not have an impact on cost neutrality of the CLASS waiver program.

If you want to obtain a free copy of the proposed request to amend the waiver, including the CLASS settings transition plan, or if you have questions, need additional information, or want to submit comments regarding this amendment or the CLASS settings transition plan, you may contact Camille Weizenbaum by U.S. mail, telephone, fax, or email as follows:

U.S. Mail

Texas Health and Human Services Commission

Attention: Camille Weizenbaum, Waiver Coordinator, Policy Development Support

P.O. Box 13247

Mail Code H-600

Austin, Texas 78711-3247

Telephone

(512) 487-3446

Fax

(512) 487-3403

Attention: Camille Weizenbaum, Waiver Coordinator

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/class-waiver-applications.

TRD-201903852

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: October 22, 2019


Public Notice - Deaf Blind with Multiple Disabilities Waiver Amendment Effective March 9, 2020

The Texas Health and Human Services Commission (HHSC) is submitting to the Centers for Medicare & Medicaid Services (CMS) a request to amend the Deaf Blind with Multiple Disabilities (DBMD) waiver administered under section 1915(c) of the Social Security Act. CMS has approved this waiver through February 28, 2023. The proposed effective date for the amendment is March 9, 2020.

The request proposes to amend the waiver as follows:

Appendix B

Changing interest list procedures for individuals who lose eligibility for the Medically Dependent Children Program, to comply with Senate Bill 1207 of the 86th Texas Legislature.

Appendix C

Correcting the licensing chapter for Behavioral Support service providers.

Correcting the licensing chapter for dentists as Dental service providers and adding dental hygienists as Dental service providers.

Appendix D

Removing performance measure D.e.1, relating to the number and percent of individuals who were afforded choice among waiver providers during enrollment, which is no longer required by CMS.

Appendix E

Clarifying the budget authority for participants in the consumer-directed services option around requests to change the budget by the participant.

The DBMD waiver 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. These changes will not have an impact on cost neutrality of the DBMD waiver program.

If you want to obtain a free copy of the proposed request to amend the waiver, including the DBMD settings transition plan, or if you have questions, need additional information, or want to submit comments regarding this amendment or the DBMD settings transition plan, you may contact Camille Weizenbaum by U.S. mail, telephone, fax, or email as follows:

U.S. Mail

Texas Health and Human Services Commission

Attention: Camille Weizenbaum, Waiver Coordinator, Policy Development Support

P.O. Box 13247

Mail Code H-600

Austin, Texas 78711-3247

Telephone

(512) 487-3446

Fax

(512) 487-3403

Attention: Camille Weizenbaum, Waiver Coordinator

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/dbmd-waiver-applications.

TRD-201903854

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: October 22, 2019


Public Notice - Home and Community-based Services Waiver Effective March 9, 2020

The Texas Health and Human Services Commission (HHSC) is submitting to the Centers for Medicare & Medicaid Services (CMS) a request to amend the Home and Community-based Services (HCS) waiver administered under section 1915(c) of the Social Security Act. CMS has approved this waiver through August 31, 2023. The proposed effective date for the amendment is March 9, 2019.

The request proposes to amend the waiver as follows:

Appendix B

Changing interest list procedures for individuals who lose eligibility for the Medically Dependent Children Program, to comply with Senate Bill 1207 of the 86th Texas Legislature.

Revising the terminology for the Medicaid eligibility groups for consistency with payment codes.

Replacing references to Consumer Rights and Services/Consumer Rights Intellectual Disabilities (CRS/CRID) with Intellectual and Developmental Disability Ombudsman (IDD Ombudsman) to reflect organizational changes at HHSC.

Appendix C

Correcting the licensing chapter for dentists as Dental service providers and adding dental hygienists as Dental service providers.

Correcting the licensing chapter for Behavioral Support service providers.

Appendix D

Removing performance measure D.e.1, relating to the number and percent of individuals who were afforded choice between waiver services and institutional care during enrollment or service plan renewal, which CMS no longer requires states to report.

Replacing references to Consumer Rights and Services/Consumer Rights Intellectual Disabilities (CRS/CRID) with Intellectual and Developmental Disability Ombudsman (IDD Ombudsman) to reflect organizational changes at HHSC.

Appendix E

Clarifying the budget authority for participants in the consumer-directed services option around requests to change the budget by the participant.

Appendix F

Replacing references to Consumer Rights and Services/Consumer Rights Intellectual Disabilities (CRS/CRID) with Intellectual and Developmental Disability Ombudsman (IDD Ombudsman) to reflect organizational changes at HHSC.

Appendix G

Replacing the term "adult daycare" with "day activity health services" to reflect a change in state law.

Replacing references to Consumer Rights and Services/Consumer Rights Intellectual Disabilities (CRS/CRID) with Intellectual and Developmental Disability Ombudsman (IDD Ombudsman) to reflect organizational changes at HHSC.

These changes will not have an impact on cost neutrality of the HCS waiver program.

The complete proposed waiver amendment can be found online on the Health and Human Services website at https://hhs.texas.gov/laws-regulations/policies-rules/waivers/hcs-waiver-applications.

The HCS waiver program provides services and supports to individuals with intellectual disabilities who live in their own homes or in the home of a family member, or in another community setting, such as a small three or four-person home. To be eligible for the program, an individual must meet financial eligibility criteria and meet the level of care required for admission into an intermediate care facility for individuals with an intellectual disability or related condition.

If you want a free copy of the proposed waiver amendment, including the HCS settings transition plan, or if you have questions, need additional information, or want to submit comments regarding this amendment or the HCS settings transition plan, you may contact Camille Weizenbaum by U.S. mail, telephone, fax, or email follows:

U.S. Mail

Texas Health and Human Services Commission

Attention: Camille Weizenbaum, Waiver Coordinator, Policy Development Support

PO Box 13247

Mail Code H-600

Austin, Texas 78711-3247

Telephone

(512) 487-3446

Fax

(512) 487-3403

Attention: Camille Weizenbaum, Waiver Coordinator

Email

TX_Medicaid_Waivers@hhsc.state.tx.us.

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

TRD-201903855

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: October 22, 2019


Public Notice - Texas Home Living Waiver Program Amendment Effective March 9, 2020

The Texas Health and Human Services Commission (HHSC) is submitting to the Centers for Medicare & Medicaid Services (CMS) a request for an amendment to the Texas Home Living (TxHmL) waiver program, a waiver implemented under the authority of section 1915(c) of the Social Security Act. CMS has approved this waiver through February 28, 2022. The proposed effective date for this amendment is March 9, 2019.

This request proposes to amend the waiver as follows:

Appendix B

Changing interest list procedures for individuals who lose eligibility for the Medically Dependent Children Program, to comply with Senate Bill 1207 of the 86th Texas Legislature.

Revising the terminology for the Medicaid eligibility groups for consistency with payment codes.

Appendix C

Correcting the licensing chapter for Behavioral Support service providers.

Correcting the licensing chapter for dentists as Dental service providers and add dental hygienist as Dental service providers.

Appendix D

Removing measure D.b.1, relating to number and percent of face-to-face utilization reviews conducted according to HHSC policies and procedures, which CMS no longer requires states to report.

Removing measure D.e.1, relating to the number and percent of individuals who were afforded choice between waiver services and institutional care during enrollment or service plan renewal, which CMS no longer requires states to report.

Replacing references to Consumer Rights and Services/Consumer Rights Intellectual Disabilities (CRS/CRID) with Intellectual and Developmental Disability Ombudsman (IDD Ombudsman) to reflect organizational changes at HHSC.

Appendix E

Clarifying the budget authority for participants in the consumer-directed services option around requests to change the budget by the participant.

Appendix F

Replacing references to Consumer Rights and Services/Consumer Rights Intellectual Disabilities (CRS/CRID) with Intellectual and Developmental Disability Ombudsman (IDD Ombudsman) to reflect organizational changes at HHSC.

Appendix G

Replacing the term "adult daycare" with "day activity health services" to reflect a change in state law.

Replacing references to Consumer Rights and Services/Consumer Rights Intellectual Disabilities with references to Intellectual and Developmental Disability Ombudsman to reflect organizational changes at HHSC.

Appendix H

Specifying the type of survey tool the state uses to measure an individual's experience of care and quality of life

These changes will not have an impact on cost neutrality of the TxHmL waiver program.

The complete waiver amendment request can be found online on the Health and Human Services website at: https://hhs.texas.gov/laws-regulations/policies-rules/waivers/txhml-waiver-applications.

TxHmL provides essential community-based services and supports to individuals with Intellectual and Developmental Disabilities (IDD) living in their own homes or with their families. Services and supports are intended to enhance quality of life, functional independence, and health and well-being in continued community-based living and to enhance, rather than replace, existing informal or formal supports and resources. Services include day habilitation, respite, supported employment, financial management services, support consultation, adaptive aids, audiology services, behavioral support, community support, dental treatment, dietary service, employment assistance, minor home modifications, occupational therapy services, physical therapy services, nursing, and speech-language pathology.

An individual may obtain a free copy of the proposed waiver amendment, including the TxHmL settings transition plan, or ask questions, obtain additional information, or submit comments regarding this amendment or the TxHmL settings transition plan, by contacting Camille Weizenbaum by U.S. mail, telephone, fax, or email. The addresses are as follows:

U.S. Mail

Texas Health and Human Services Commission

Attention: Camille Weizenbaum, Waiver Coordinator, Policy Development Support

PO Box 13247

Mail Code H-600

Austin, Texas 78711-3247

Telephone

(512) 487-3446

Fax

Attention: Camille Weizenbaum, Waiver Coordinator, at (512) 487-3403

Email

TX_Medicaid_Waivers@hhsc.state.tx.us.

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

TRD-201903853

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: October 22, 2019


Department of State Health Services

Withdrawal of a Practice Serving a Medically Underserved Population

The Texas Department of State Health Services (department) is required under Texas Occupations Code §157.051 to designate practices serving a medically underserved population. Under Texas Administrative Code, Title 25, Part 1, Chapter 13, Subchapter C, §13.35, the department is required to verify a practice's continued eligibility for designation as a practice serving a medically underserved population no more than two years after its initial designation and within each two-year period thereafter.

Accordingly, the department has identified Spangler Medical Enterprises d/b/a Bay Area House Calls, located at 646 FM 517 Road West, Dickinson, Texas 77539, as no longer meeting the eligibility criteria for designation, and the designation has been withdrawn. This practice was previously designated on December 8, 2015, due to its disproportionate number of clients eligible for federal, state, or locally funded health care programs.

Oral and written comments on this withdrawal of designation may be directed to Anne Nordhaus, MA, Research Specialist, Health Professions Resource Center - Mail Code 1898, Center for Health Statistics, Texas Department of State Health Services, P.O. Box 149347, Austin, Texas 78714-9347; (512) 776-3862 (phone); (512) 776-7344 (fax); or hprc@dshs.texas.gov (email). Comments will be accepted for 30 days from the publication date of this notice.

TRD-201903875

Barbara L. Klein

General Counsel

Department of State Health Services

Filed: October 23, 2019


Texas State Affordable Housing Corporation

Draft Bond Program Policies and Request for Proposals Available for Public Comment

The Texas State Affordable Housing Corporation ("Corporation") has posted the draft of its 2020 Tax-Exempt Bond Program Policies and Request for Proposals. The Corporation will include written public comments received before December 1, 2019, in its final recommendations to the Board. Comments may be submitted by email to: ddanenfelzer@tsahc.org. Comments will also be accepted by USPS at the offices of the Corporation sent to:

Texas State Affordable Housing Corporation

Attn: Development Finance Programs

2200 East Martin Luther King Jr. Blvd.

Austin, Texas 78702

A copy of the draft policies and request for proposals is available on the Corporation's website at:

https://www.tsahc.org/developers/tax-exempt-bonds

TRD-201903783

David Long

President

Texas State Affordable Housing Corporation

Filed: October 18, 2019


Texas Department of Licensing and Regulation

Public Notice - Criminal Conviction Guidelines

The Texas Commission of Licensing and Regulation (Commission) provides this public notice that, at its regularly scheduled meeting held October 1, 2019, the Commission adopted amendments to the Texas Department of Licensing and Regulation's (Department) Criminal Conviction Guidelines pursuant to Texas Occupations Code §53.025(a). The Criminal Conviction Guidelines are updated from the original guidelines published on December 5, 2003, issue (28 TexReg 11018) to include the Offender Education program.

The Criminal Conviction Guidelines (guidelines) describe the process by which the Department determines whether a criminal conviction renders an applicant an unsuitable candidate for the license, or whether a conviction warrants revocation or suspension of a license previously granted. The guidelines present the general factors that are considered in all cases and the reasons why particular crimes are considered to relate to each type of license issued by the Department.

In 2015, the 84th Texas Legislature enacted Senate Bill 202 which provided for the transfer of thirteen health-related programs from the Department of State Health Services to TDLR. Seven of the thirteen programs transferred to TDLR, effective October 3, 2016, and the remaining six programs transferred November 1, 2017. The Offender Education program was transferred in the second phase.

The statutes for this program lack the authority for an advisory board, therefore, a Criminal Conviction Guidelines Forum was held in order to obtain the industry's input on convictions that could render an applicant unsuitable for licensure. Department staff met with members of the industry at the forum on July 18, 2019, to develop the criminal conviction guidelines for the Offender Education program.

The Criminal Conviction Guidelines for the Offender Education program will become a part of the overall guidelines that are already in place for other Department programs.

The Criminal Conviction Guidelines for Offender Education Program

Crimes against the person such as homicide, kidnapping, and assault.

Reasons:

1. Licensees interact with adults and/or minors in an instructor/student role. Licensees who have committed crimes against the person may pose a potential danger to the students.

2. A person who has committed such crimes may have the opportunity to engage in further similar conduct.

Crimes involving gambling.

Reasons:

1. Illegal gambling often occurs around and in coordination with alcohol and/or drug use. Illegal gambling participants may be more likely to use alcohol and/or drugs or may be more comfortable with the people casually using alcohol and/or drugs around them.

2. Licensees act as instructors for adult and/or minor students in classes focused on the appropriate use or non-use of alcohol and/or drugs. Individuals who have committed crimes involving gambling may be more likely to negatively influence their students regarding the appropriate use or non-use of alcohol and/or drugs.

3. Persons with a history of these types of offenses may not be appropriate persons to teach proper, safe and legal conduct, especially in the context of participants/students who are required or have chosen to take courses designed to help them refrain from unlawful conduct.

4. These types of criminal offenses may adversely reflect on the tendency or ability of an Offender Education Program or Instructor to act capably and with integrity and professionalism under the certificate, to uphold the public trust, and/or to protect the health and safety of participants/students.

5. A person who has committed such crimes may have the opportunity to engage in further similar conduct.

Crimes involving illegal weapons.

Reasons:

1. Criminal activity of this type may reveal a lack of regard for the safety and welfare of others.

2. Licensees act as class instructors for adult and/or minor students ordered to attend because of criminal history. These classroom settings carry a potential for confrontation or violence, which a licensee may have to contain or defuse. Individuals who have committed crimes involving illegal weapons may be more likely to bring illegal weapons to their classrooms, which could increase the potential danger to the students when dealing with confrontation or violence.

3. Persons with a history of these types of offenses may not be appropriate persons to teach proper, safe and legal conduct, especially in the context of participants/students who are required or have chosen to take courses designed to help them refrain from unlawful conduct.

Crimes involving intentional cruelty to animals.

Reasons:

1. Licensees interact with adults and/or minors in an instructor/student role. In this classroom setting, licensees hold a high degree of control over their students' success in the class and, potentially, over their student's successful completion of probation conditions.

2. Committing crimes involving cruel or intentional mistreatment of animals may indicate that person lacks empathy or appropriate concern for students under that person's control. Committing crimes involving cruel or intentional mistreatment of animals may indicate that person will perform similar cruel intentional mistreatment of students.

3. A person who has committed crimes involving cruel or intentional mistreatment of animals may have the opportunity to engage in further cruel or intentional mistreatment of students.

Crimes involving prohibited sexual conduct.

Reasons:

1. Licensees interact with adults and/or minors in an instructor/student role. In this classroom setting, licensees hold a high degree of control over their students' success in the class and, potentially, over their student's successful completion of probation conditions.

2. Individuals who have committed crimes involving prohibited sexual conduct may pose a potential danger to the students.

3. A person who has committed such crimes may have the opportunity to engage in further similar conduct.

Crimes involving minors as victims.

Reasons:

1. Licensees interact with minors in an instructor/student role. Individuals who have committed crimes involving minors as victims may pose a potential danger.

2. A person who has committed such crimes may have the opportunity to engage in further similar conduct.

Crimes against property such as theft or burglary with intent to commit theft.

Reasons:

1. Licensees may have access to the protected private information of their students, such as dates of birth, social security numbers, etc. Licensees may have access to the personal property of employers, such as classroom equipment. Licensees may have access to class completion certificates.

2. A person who has committed crimes involving theft may have the opportunity and motivation to engage in further similar conduct.

Crimes involving fraud, forgery, or deceptive trade practices.

Reasons:

1. Licensees interact with adults and/or minors in an instructor/student role. Licensees assess the performance of participants/students. Licensees may have the opportunity to prepare and submit false documents pertaining to the coursework or program completion by participants/students.

2. A person who has committed such crimes may have the opportunity to engage in further similar conduct.

Crimes involving the possession, use, possession with intent to deliver, possession with intent to distribute, delivery, distribution or manufacture of drugs or other dangerous or illegal substances.

Reasons:

1. Licensees interact with adults and/or minors in an instructor/student role for classes focused on the appropriate use or non-use of alcohol and/or drugs. Licensees are in a position to pressure and/or influence students to purchase, use, possess, deliver or distribute drugs or other dangerous or illegal substances.

2. Persons with a history of these types of offenses may not be appropriate persons to teach proper, safe and legal conduct, especially in the context of participants/students who are required or have chosen to take courses designed to help them refrain from this type of conduct.

3. These types of criminal offenses may adversely reflect on the tendency or ability of an Offender Education Program Administrator or Instructor to act capably and with integrity and professionalism under the certificate, to uphold the public trust, and/or to protect the health and safety of participants/students.

4. Criminal activity of this type may reveal a lack of regard for the safety and welfare of others.

5. A person with a predisposition for criminal activity of this type may pose a risk to the public.

6. A person who has committed such crimes may have the opportunity to engage in further similar conduct.

Crimes involving the possession or use of alcohol, drugs, or other dangerous or illegal substances in a motor vehicle, or the operation of a motor vehicle, including driving while intoxicated, intoxication assault, intoxication manslaughter, reckless driving, and fleeing or evading a police officer.

Reasons:

1. Licensees interact with adults and children in an instructor/student role to teach proper, safe and legal conduct with respect to alcohol and/or drugs and other substances, often in the context of operating a motor vehicle.

2. Persons with a history of operating a motor vehicle in a dangerous or illegal manner may not be appropriate persons to teach proper, safe and legal conduct, especially in the context of operating a motor vehicle.

3. Criminal activity of this type reveals a lack of regard for the safety of others.

4. Criminal activity of this type adversely reflects on the tendency or ability of an Offender Education Program or Instructor to act capably and with integrity and professionalism under the certificate, to uphold the public trust, and/or to protect the health and safety of participants/students.

5. A person with a predisposition for criminal activity of this type may pose a risk to the public.

6. A person who has committed such crimes may have the opportunity to engage in further similar conduct.

A copy of the complete Criminal Conviction Guidelines is posted on the Department's website and may be obtained at www.tdlr.texas.gov. You may also contact the Enforcement Division at (512) 539-5600 or by email at enforcement@tdlr.texas.gov to obtain a copy of the complete guidelines.

TRD-201903775

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Filed: October 16, 2019


Public Notice - Enforcement Plan

The Texas Commission of Licensing and Regulation (Commission) provides this public notice that at their regularly scheduled meeting held October 1, 2019, the Commission adopted the Texas Department of Licensing and Regulation's (Department) revised enforcement plan which was established in compliance with Texas Occupations Code, §51.302(c).

The enforcement plan gives all license holders notice of the specific ranges of penalties and license sanctions that apply to specific alleged violations of the statutes and rules enforced by the Department. The enforcement plan also presents the criteria that are considered by the Department's Enforcement staff in determining the amount of a proposed administrative penalty or the magnitude of a proposed sanction. The enforcement plan is revised to include the updated penalty matrix for the Towing and Vehicle Storage Facility program.

The penalty matrix for the Towing and Vehicle Storage Facility was last updated on September 26, 2012. Revisions to the matrix include (1) consolidating the number of classes from eight to four, (2) updating rule and statutory cites that have been changed or repealed, (3) moving violations that do not relate to consumer harm or public safety to a lower class, and (4) use of a single penalty range for each class of violation, rather than having separate penalty ranges for first, second and third violations of each class.

Joanne Messina, Jeanette Rash, Tasha Mora, and Jimmy Zuehlke, members of the Towing and Storage Advisory Board, were appointed to serve on an enforcement workgroup. Agency staff met with the enforcement workgroup on November 14, 2018, to develop the revised penalty matrix.

The full Towing and Storage Advisory Board recommended approval of the matrix at their meeting on July 30, 2019. The penalty matrix was presented to the Commission on October 1, 2019 and was adopted as recommended.

A copy of the revised enforcement plan is posted on the Department's website and may be downloaded at www.tdlr.texas.gov. You may also contact the Enforcement Division at (512) 539-5600 or by e-mail at enforcement@tdlr.texas.gov to obtain a copy of the revised plan.

Vehicle Towing Matrix (.pdf)

Vehicle Storage Facilities Matrix (.pdf)

TRD-201903776

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Filed: October 16, 2019


Texas Lottery Commission

Scratch Ticket Game Number 2188 "ICY HOT 7s"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2188 is "ICY HOT 7s". The play style is "find symbol".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2188 shall be $1.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2188.

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

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

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 05, 06, 08, 09, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 7 SYMBOL, FLAME SYMBOL, $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $30.00, $100 and $1,000.

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. 2188 - 1.2D (.pdf)

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

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

G. Game-Pack-Ticket Number - A fourteen (14) digit number consisting of the four (4) digit game number (2188), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 150 within each Pack. The format will be: 2188-0000001-001.

H. Pack - A Pack of the "ICY HOT 7s" Scratch Ticket Game contains 150 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; Tickets 006 to 010 on the next page; etc.; and Tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "ICY HOT 7s" Scratch Ticket Game No. 2188.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "ICY HOT 7s" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose twelve (12) Play Symbols. If a player reveals a "7" Play Symbol, the player wins the prize for that symbol. If the player reveals a "FLAME" Play Symbol, the player wins DOUBLE the prize for that symbol. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly twelve (12) 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 twelve (12) 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 twelve (12) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the twelve (12) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

A. Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols. B. The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or prize structure. C. A Ticket may have up to two (2) matching non-winning Prize Symbols, unless restricted by other parameters, play action or prize structure. D. The "FLAME" (WINX2) Play Symbol will only appear on intended winning Tickets as dictated by the prize structure. E. No matching non-winning Play Symbols on a Ticket, unless restricted by other parameters, play action or prize structure. F. A non-winning Prize Symbol will never match a winning Prize Symbol, unless restricted by other parameters, play action or prize structure. G. The "7" (WIN$) Play Symbol will only appear on intended winning Tickets as dictated by the prize structure.

H. No prize amount in a non-winning spot will correspond with the Play Symbol (i.e., 01 and $1).

2.3 Procedure for Claiming Prizes.

A. To claim a "ICY HOT 7s" Scratch Ticket Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $15.00, $30.00 or $100, 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 or $100 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 "ICY HOT 7s" Scratch Ticket Game prize of $1,000, 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 "ICY HOT 7s" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct 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 "ICY HOT 7s" 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 "ICY HOT 7s" 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 9,120,000 Scratch Tickets in Scratch Ticket Game No. 2188. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2188 - 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. 2188 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. 2188, 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-201903838

Bob Biard

General Counsel

Texas Lottery Commission

Filed: October 22, 2019


Scratch Ticket Game Number 2192 "TRIPLE DOUBLE 777 RED HOT™"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2192 is "TRIPLE DOUBLE 777 RED HOT™". The play style is "slots - straight line".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2192 shall be $5.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2192.

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: SPADE SYMBOL, 7 SYMBOL, MONEY BAG SYMBOL, BANK SYMBOL, BAR SYMBOL, COINS SYMBOL, BELL SYMBOL, BILL SYMBOL, CHEST SYMBOL, CHIP SYMBOL, CLUB SYMBOL, CROWN SYMBOL, DIAMOND SYMBOL, CHERRY SYMBOL, HEART SYMBOL, HORSESHOE SYMBOL, STAR SYMBOL, VAULT SYMBOL, KEY SYMBOL, LEMON SYMBOL, MELON SYMBOL, NECKLACE SYMBOL, RAINBOW SYMBOL, RING SYMBOL, WISHBONE SYMBOL, $5.00, $10.00, $20.00, $50.00, $100, $500, $1,000 and $100,000. The possible red Play Symbols are: SPADE SYMBOL, 7 SYMBOL, MONEY BAG SYMBOL, BANK SYMBOL, BAR SYMBOL, COINS SYMBOL, BELL SYMBOL, BILL SYMBOL, CHEST SYMBOL, CHIP SYMBOL, CLUB SYMBOL, CROWN SYMBOL, DIAMOND SYMBOL, CHERRY SYMBOL, HEART SYMBOL, HORSESHOE SYMBOL, STAR SYMBOL, VAULT SYMBOL, KEY SYMBOL, LEMON SYMBOL, MELON SYMBOL, NECKLACE SYMBOL, RAINBOW SYMBOL, RING SYMBOL and WISHBONE SYMBOL.

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

Figure 1: GAME NO. 2192 - 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 (2192), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 075 within each Pack. The format will be: 2192-0000001-001.

H. Pack - A Pack of "TRIPLE DOUBLE 777 RED HOT™" Scratch Ticket Game contains 075 Scratch Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the Pack; the back of Ticket 075 will be revealed on the back of the Pack. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack. Every other Pack will reverse i.e., reverse order will be: the back of Ticket 001 will be shown on the front of the Pack and the front of Ticket 075 will be shown on the back of the Pack.

I. Non-Winning 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 "TRIPLE DOUBLE 777 RED HOT™" Scratch Ticket Game No. 2192.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "TRIPLE DOUBLE 777 RED HOT™" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose sixty-four (64) Play Symbols. The player scratches the entire play area. If the player reveals 3 matching symbols, regardless of color, in the same SPIN, the player wins the PRIZE for that SPIN. If the player reveals 3 matching RED symbols in the same SPIN, the player wins DOUBLE the PRIZE for that SPIN. If the player reveals 3 RED "7" Play Symbols in the same SPIN, the player wins TRIPLE the PRIZE for that SPIN. 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 sixty-four (64) 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 sixty-four (64) 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 sixty-four (64) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the sixty-four (64) 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. A Ticket can win up to sixteen (16) times in accordance with the approved prize structure.

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

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

D. There will be no matching non-winning SPINS on a Ticket. SPINS are considered matching if they have the same Play Symbols in any order.

E. No three (3) or more matching non-winning Play Symbols will appear in adjacent positions diagonally or in a column (regardless of color).

F. Winning Tickets using three (3) matching RED Play Symbols or three (3) RED "7" (SEVEN) Play Symbols will appear as dictated by the prize structure.

G. Non-winning Prize Symbols will never appear more than three (3) times.

H. Non-winning Prize Symbols will never be the same as the winning Prize Symbol(s).

I. All Tickets will contain at least fourteen (14) but no more than twenty-two (22) RED Play Symbols, unless restricted by other parameters, play action or prize structure.

J. All Tickets will contain at least three (3) SPINS that contain all RED Play Symbols to avoid pickout of doubled and tripled prizes, unless restricted by other parameters, play action or prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "TRIPLE DOUBLE 777 RED HOT™" Scratch Ticket Game prize of $5.00, $10.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "TRIPLE DOUBLE 777 RED HOT™" Scratch Ticket Game prize of $1,000 or $100,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "TRIPLE DOUBLE 777 RED HOT™" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct 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 "TRIPLE DOUBLE 777 RED HOT™" 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 "TRIPLE DOUBLE 777 RED HOT™" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Prizes. There will be approximately 7,080,000 Scratch Tickets in Scratch Ticket Game No. 2192. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2192 - 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. 2192 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. 2192, 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-201903839

Bob Biard

General Counsel

Texas Lottery Commission

Filed: October 22, 2019


Scratch Ticket Game Number 2200 "QUICK 7s"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2200 is "QUICK 7". The play style is "other".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2200 shall be $1.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2200.

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:

1, 2, 3, 4, 5, 6, 8, 9, 7 SYMBOL, $1.00, $2.00, $5.00, $10.00, $20.00, $40.00, $50.00, $100, $500 and $1,000.

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. 2200 - 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 (2200), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 150 within each Pack. The format will be: 2200-0000001-001.

H. Pack - A Pack of the "QUICK 7s" Scratch Ticket Game contains 150 Scratch Tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the op page; Tickets 006 to 010 on the next page; etc.; and Tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of Ticket 001 and 010 will be exposed.

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

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "QUICK 7s" Scratch Ticket Game No. 2200.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "QUICK 7s" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose twelve (12) Play Symbols. The player will scratch the entire play area. If the player reveals a "7" Play Symbol, the player wins the prize for that symbol. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly twelve (12) 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 twelve (12) 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 twelve (12) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the twelve (12) 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. A Ticket can win up to six (6) times in accordance with the approved prize structure.

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

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

D. The "7" (WIN$) Play Symbol may appear multiple times on intended winning Tickets, unless restricted by other parameters, play action or prize structure.

E. Non-winning Prize Symbols will never appear more than one (1) time.

F. Non-winning Prize Symbol(s) will never be the same as the winning Prize Symbol(s).

G. No Prize Symbol in a non-winning spot will correspond with the Play Symbol (i.e., 2 and $2).

2.3 Procedure for Claiming Prizes.

A. To claim a "QUICK 7s" Scratch Ticket Game prize of $1.00, $2.00, $5.00, $10.00, $20.00, $40.00, $100 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $40.00, $100 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "QUICK 7s" Scratch Ticket Game prize of $1,000, 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 "QUICK 7s" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct 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 "QUICK 7s" 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 "QUICK 7s" 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 9,120,000 Scratch Tickets in Scratch Ticket Game No. 2200. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2200 - 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. 2200 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. 2200, 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-201903850

Bob Biard

General Counsel

Texas Lottery Commission

Filed: October 22, 2019


Scratch Ticket Game Number 2223 "BREAK THE BANK SUPER TICKET®"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2223 is "BREAK THE BANK SUPER TICKET®". The play style is "multiple games".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2223 shall be $10.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2223.

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

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

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, $$ SYMBOL, $5.00, $10.00, $20.00, $30.00, $50.00, $100, $200, $500, $1,000, $20,000 and $250,000. The possible green Play Symbols are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64 and 65. The possible blue Play Symbols are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64 and 65.

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. 2223 - 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 (2223), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 050 within each Pack. The format will be: 2223-0000001-001.

H. Pack - A Pack of the "BREAK THE BANK SUPER TICKET®" Scratch Ticket Game contains 050 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 050 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 050 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 "BREAK THE BANK SUPER TICKET®" Scratch Ticket Game No. 2223.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "BREAK THE BANK SUPER TICKET®" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose one hundred twenty (120) Play Symbols. GAMES 1 & 2: If the player matches any of the YOUR NUMBERS Play Symbols to the WINNING NUMBER Play Symbol, the player wins the prize for that number. If the player reveals a "$$" Play Symbol, the player wins DOUBLE the prize for that symbol. BONUS GAMES 1 - 4: If the player reveals 2 matching prize amounts in the same BONUS, the player wins that amount. GAME 3: If the player matches any of the YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If any of the player's YOUR NUMBERS Play Symbols that match a WINNING NUMBER Play Symbol are GREEN, the player wins DOUBLE the prize for that number. GAME 4: If the player matches any of the YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If any of the player's YOUR NUMBERS Play Symbols that match a WINNING NUMBER Play Symbol are BLUE, the player wins DOUBLE the prize for that number. 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 one hundred twenty (120) 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 one hundred twenty (120) 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 one hundred twenty (120) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the one hundred twenty (120) 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 fifty-four (54) 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. GENERAL: The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or prize structure.

D. GENERAL: The $5 Prize Symbol will only appear on winning Tickets in which the $5 prize is part of a winning pattern.

E. GENERAL: The twelve (12) WINNING NUMBER/WINNING NUMBERS Play Symbols in GAMES 1 - 4 will be different on the same Ticket.

F. GENERAL: The WINNING NUMBER/WINNING NUMBERS Play Symbol from one (1) GAME will never match the YOUR NUMBERS Play Symbols from another GAME on the same Ticket.

G. GAMES 1 & 2: Non-winning YOUR NUMBERS Play Symbols will all be different.

H. GAMES 1 & 2: Non-winning Prize Symbols will never appear more than two (2) times.

I. GAMES 1 & 2: The "$$" (DBL) Play Symbol will never appear in the WINNING NUMBER Play Symbol spot.

J. GAMES 1 & 2: The "$$" (DBL) Play Symbol will only appear as dictated by the prize structure.

K. GAMES 1 & 2: Non-winning Prize Symbol(s) will never be the same as the winning Prize Symbol(s).

L. GAMES 1 & 2: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol(s) (i.e., 5 and $5).

M. GAMES 1 & 2: GAME 1 and GAME 2 will not have matching Play Symbol and Prize Symbol patterns on a Ticket, unless restricted by other parameters, play action or prize structure. GAME 1 and GAME 2 have matching Play Symbol and Prize Symbol patterns if they have the same Play Symbols and/or Prize Symbols in the same respective spots.

N. GAMES 3 & 4: Non-winning Prize Symbol(s) will never be the same as the winning Prize Symbol(s).

O. GAMES 3 & 4: Each GAME will contain five (5) different WINNING NUMBERS Play Symbols.

P. GAMES 3 & 4: The GREEN/BLUE Play Symbols will never appear in the WINNING NUMBERS Play Symbol spots.

Q. GAMES 3 & 4: The GREEN/BLUE winning Play Symbols will only appear as dictated by the prize structure and will win DOUBLE the prize amount.

R. GAMES 3 & 4: Non-winning GAMES will contain twenty (20) different YOUR NUMBERS Play Symbols.

S. GAMES 3 & 4: On winning GAMES, non-winning YOUR NUMBERS Play Symbols will all be different.

T. GAMES 3 & 4: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 5 and $5).

U. GAMES 3 & 4: When comparing Play Symbols, only consider their numerical value, as they will have the same value regardless of the color.

V. GAMES 3 & 4: Non-winning GREEN/BLUE YOUR NUMBERS Play Symbols will never match any WINNING NUMBERS Play Symbols.

W. GAMES 3 & 4: GAME 3 will contain at least nine (9) but no more than eleven (11) GREEN YOUR NUMBERS Play Symbols numbers, unless restricted by the prize structure or other parameters.

X. GAMES 3 & 4: GAME 4 will contain at least nine (9) but no more than eleven (11) BLUE YOUR NUMBERS Play Symbols numbers, unless restricted by the prize structure or other parameters.

Y. GAMES 3 & 4: GAME 3 and GAME 4 will not have matching Play Symbol and Prize Symbol patterns on a Ticket, unless restricted by other parameters, play action or prize structure. GAME 3 and GAME 4 have matching Play Symbol and Prize Symbol patterns if they have the same Play Symbols and/or Prize Symbols in the same respective spots.

2.3 Procedure for Claiming Prizes.

A. To claim a "BREAK THE BANK SUPER TICKET®" Scratch Ticket Game prize of $10.00, $20.00, $30.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and 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, $50.00, $100, $200 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "BREAK THE BANK SUPER TICKET®" Scratch Ticket Game prize of $1,000, $20,000 or $250,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "BREAK THE BANK SUPER TICKET®" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct 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 "BREAK THE BANK SUPER TICKET®" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

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

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

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

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Prizes. There will be approximately 7,200,000 Scratch Tickets in Scratch Ticket Game No. 2223. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2223 - 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. 2223 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. 2223, 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-201903840

Bob Biard

General Counsel

Texas Lottery Commission

Filed: October 22, 2019


North Central Texas Council of Governments

Request for Proposals for Commercial Vehicle Enforcement Equipment and Training Program

The North Central Texas Council of Governments (NCTCOG) is requesting written proposals from firm(s) to implement a Commercial Vehicle Enforcement (CVE) Equipment and Training Program, which will provide North Texas CVE agencies with needed portable weighting scales and training on how to use them. The purpose of this program is to reduce the number of commercial vehicle related crashes caused by overloaded and unsafe commercial vehicles and to protect regional roadways from damage by enforcing compliance with state laws regulating commercial vehicle weight.

Proposals must be received no later than 5:00 p.m., Central Standard Time, on Friday, December 6, 2019, to Kevin Kroll, Senior Transportation Planner, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011. The Request for Proposals will be available at www.nctcog.org/rfp by the close of business on Friday, November 1, 2019.

NCTCOG encourages participation by disadvantaged business enterprises and does not discriminate on the basis of age, race, color, religion, sex, national origin, or disability.

TRD-201903857

R. Michael Eastland

Executive Director

North Central Texas Council of Governments

Filed: October 23, 2019


Texas Department of Transportation

Public Hearing Notice - Statewide Transportation Improvement Program

The Texas Department of Transportation (department) will hold a public hearing on Tuesday, November 19, 2019, at 10:00 a.m. at 118 East Riverside Drive, First Floor, Room 1B.A in Austin, Texas to receive public comments on the November 2019 Quarterly Revisions to the Statewide Transportation Improvement Program (STIP) for FY 2019-2022.

The STIP reflects the federally funded transportation projects in the FY 2019-2022 Transportation Improvement Programs (TIPs) for each Metropolitan Planning Organization (MPO) in the state. The STIP includes both state and federally funded projects for the nonattainment areas of Dallas-Fort Worth, El Paso, Houston and San Antonio. The STIP also contains information on federally funded projects in rural areas that are not included in any MPO area, and other statewide programs as listed.

Title 23, United States Code, §134 and §135 require each designated MPO and the state, respectively, to develop a TIP and STIP as a condition to securing federal funds for transportation projects under Title 23 or the Federal Transit Act (49 USC §5301, et seq.). Section 134 requires an MPO to develop its TIP in cooperation with the state and affected public transit operators and to provide an opportunity for interested parties to participate in the development of the program. Section 135 requires the state to develop a STIP for all areas of the state in cooperation with the designated MPOs and, with respect to non-metropolitan areas, in consultation with affected local officials, and further requires an opportunity for participation by interested parties as well as approval by the Governor or the Governor's designee.

A copy of the proposed November 2019 Quarterly Revisions to the FY 2019-2022 STIP will be available for review, at the time the notice of hearing is published, at each of the department's district offices, at the department's Transportation Planning and Programming Division offices located in Building 118, Second Floor, 118 East Riverside Drive, Austin, Texas, or (512) 486-5003, and on the department's website at: http://www.txdot.gov/government/programs/stips.html.

Persons wishing to speak at the hearing may register in advance by notifying Lori Morel, Transportation Planning and Programming Division, at (512) 486-5033 no later than Monday, November 18, 2019, or they may register at the hearing location beginning at 9:00 a.m. on the day of the hearing. Speakers will be taken in the order registered. Any interested person may appear and offer comments or testimony, either orally or in writing; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony.

The public hearing will be conducted in English. Persons who have special communication or accommodation needs and who plan to attend the hearing are encouraged to contact the Transportation Planning and Programming Division, at 118 East Riverside Drive Austin, Texas 78704-1205, (512) 486-5003. Requests should be made at least three working days prior to the public hearing. Every reasonable effort will be made to accommodate the needs.

Interested parties who are unable to attend the hearing may submit comments regarding the proposed November 2019 Quarterly Revisions to the FY 2019-2022 STIP to Peter Smith, P.E., Director of the Transportation Planning and Programming Division, P.O. Box 149217, Austin, Texas 78714-9217. In order to be considered, all written comments must be received at the Transportation Planning and Programming office by 4:00 p.m. on Monday, December 2, 2019.

TRD-201903846

Becky Blewett

Deputy General Counsel

Texas Department of Transportation

Filed: October 22, 2019