IN ADDITION

Central Texas Regional Mobility Authority

Notice of Availability of Request for Proposals for Government Relations Consulting Services

The Central Texas Regional Mobility Authority ("Mobility Authority") is soliciting proposals from individuals or firms interested in providing the Mobility Authority with state and local government relations consulting services. These services include, but are not limited to: familiarity with state and federal legislative processes; knowledge of relevant legislation and access to resources to timely and effectively track legislation; demonstration of creative strategies in developing new relationships between the Mobility Authority, federal, state and local agencies, or private entities that may provide a direct or indirect benefit to the Mobility Authority.

The request for proposals ("RFP") will be available on or about November 1, 2019. Copies may be obtained from the Business Opportunities section of the Mobility Authority website at www.mobilityauthority.com/business/opportunities/procurements. Additionally, prospective proposers may request a copy of the RFP from the Mobility Authority's offices, located at 3300 N IH-35, Suite 300, Austin, TX 78705 or by calling (512) 996-9778. Periodic updates, addenda, and clarifications may be posted on the website, and interested parties are responsible for monitoring the website accordingly.

Final responses to the RFP must be received via email to dheath@ctrma.org no later than 4:00 p.m. local time, November 22, 2019, to be eligible for consideration.

TRD-201904035

Dee Anne Heath

Director of External Affairs

Central Texas Regional Mobility Authority

Filed: October 30, 2019


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 11/04/19 - 11/10/19 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 11/04/19 - 11/10/19 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

TRD-201904015

Leslie Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: October 29, 2019


Texas Education Agency

Public Notice of Texas Request of a Waiver from 1.0% State Cap on the Percentage of Students Who Take an Alternate Assessment

Purpose and Scope of Waiver Request. Texas is requesting a waiver from the U.S. Department of Education (USDE) regarding the 1.0% threshold on the percentage of students statewide who participate in alternate assessments aligned with alternate academic achievement standards (AA-AAAS) during the 2019-2020 school year.

The USDE is allowing states to request a waiver of the 1.0% cap in the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA), §1111(b)(2)(D)(i)(I), on the number of students who participate in AA-AAAS. As described in 34 Code of Federal Regulations §200.6(c)(3), a state may not prohibit a district from assessing more than 1.0% of its assessed students with an AA-AAAS. However, a state must require a district that assesses more than 1.0% of its assessed students in any subject with an AA-AAAS to submit information to the state justifying the need to exceed the 1.0% threshold. States must provide appropriate guidance and oversight of each district that is required to submit such an explanation and must make the explanation publicly available, provided that it does not reveal personally identifiable information about an individual student.

As a result, Texas is seeking a waiver from this requirement pursuant to the ESEA, as amended by the ESSA, §8401(b). Specifically, Texas is requesting a limited waiver of the ESEA, as amended by the ESSA, §1111(b)(2)(D)(i)(I), so that the state's assessment system may have slightly more than 1.0% of students taking the AA-AAAS during the 2018-2019 school year. Texas requested and was granted a wavier for the previous school year.

The requested waiver would be effective through the 2018-2019 school year. Texas will verify that each district that assesses more than 1.0% of its assessed students using an AA-AAAS followed the state's guidelines for participation in the AA-AAAS and will address any disproportionality in the percentage of students in any subgroup taking an AA-AAAS.

A copy of the waiver request is available on the Texas Education Agency website at https://tea.texas.gov/student.assessment/special-ed/staaralt/.

Public Comments. The public comment period on the waiver request begins November 8, 2019, and ends December 9, 2019. Comments on the waiver request may be submitted electronically to assessmentwaiver@tea.texas.gov.

Further Information. For more information, contact Julie Guthrie, director of policy and publications, by mail at Student Assessment Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701; by telephone at (512) 463-9536; or by email at assessmentwaiver@tea.texas.gov.

TRD-201904024

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: October 30, 2019


Request for Applications Concerning the 2020-2021 Technology Lending Grant

Filing Authority. The availability of grant funds under Request for Applications (RFA) #701-20-110 is authorized by General Appropriations Act, Article III, Rider 8, 86th Texas Legislature, 2019, and Texas Education Code (TEC), §32.301.

Eligible Applicants. Texas Education Agency (TEA) is requesting applications under RFA #701-20-110 from eligible applicants, which include local educational agencies (LEAs) that have an enrollment of at least 40% economically disadvantaged students at the participating campus(es). Eligibility will be determined using the 2018-2019 Campus Report data from the Texas Student Data System Public Education Information Management System (TSDS PEIMS) accessible on the TEA website at https://tea.texas.gov/2019accountability.aspx. Applicants should use the downloadable overview of statewide ratings data available in Excel from the previously referenced web page in order to ascertain campus eligibility. Identify eligible campus(es) by name and campus identification number (CID). The exact name and CID from the 2018-2019 Campus Report must be submitted in the application in order to meet eligibility. LEAs must show evidence of a technology plan at participating campuses by submitting an attachment of a locally approved technology plan that is valid through the 2020-2021 school year. Previous Technology Lending Grant award recipients are eligible; priority points will be awarded based upon past awards.

Description. TEC, §32.301, authorizes TEA to establish the Technology Lending Grant. The program awards grants to LEAs to implement a technology lending program to loan students the equipment necessary to access and use digital instructional materials. TEA will consider the availability of existing equipment to students in the LEA and other funding available to the LEA when awarding grants. With the 2020-2021 Technology Lending Grant, LEAs can continue using digital instructional materials while ensuring equitable access for students through loaned equipment for learning off campus. For the purposes of this program, "equipment" means personal, portable wireless devices such as laptops, tablets, or other technological devices that provide access to those digital materials required to meet the objectives of the district's or charter school's technology plan. The purchase of equipment includes an operating system and productivity software, where applicable.

Dates of Project. The 2020-2021 Technology Lending Grant will be implemented during the 2020-2021 school year. Applicants should plan for a starting date of no earlier than April 6, 2020, and an ending date of no later than August 31, 2021.

Project Amount. Approximately $10 million is available for funding the 2020-2021 Technology Lending Grant. It is anticipated that approximately 144 grants will be awarded ranging in amounts from $50,000 to $150,000. This project is funded 100% with state funds.

Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.

TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. The complete RFA will be posted on the TEA Grant Opportunities web page at http://tea4avoswald.tea.state.tx.us/GrantOpportunities/forms/GrantProgramSearch.aspx for viewing and downloading. In the "Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view and download all documents that pertain to this RFA.

Further Information. In order to make sure that no prospective applicant obtains a competitive advantage because of acquisition of information unknown to other prospective applicants, any and all questions must be submitted in writing to techlending@tea.texas.gov, the TEA email address identified in the Program Guidelines of the RFA, no later than Monday, December 2, 2019. All questions and the written answers thereto will be posted on the TEA Grant Opportunities web page in the format of Frequently Asked Questions (FAQs) by Friday, December 6, 2019. In the "Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.

Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Thursday, January 9, 2020, to be eligible to be considered for funding. TEA will not accept applications by email. Applications may be delivered to the TEA visitors' reception area on the second floor of the William B. Travis Building, 1701 North Congress Avenue (at 17th Street and North Congress, two blocks north of the Capitol), Austin, Texas 78701 or mailed to Document Control Center, Grants Administration Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494.

Issued in Austin, Texas, on October 30, 2019.

TRD-201904025

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: October 30, 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 12, 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 12, 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: Air Liquide Large Industries U.S. LP; DOCKET NUMBER: 2019-1006-AIR-E; IDENTIFIER: RN100215334; LOCATION: Freeport, Brazoria 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), New Source Review (NSR) Permit Numbers 32274, PSDTX995M1, and N042, Special Conditions (SC) Numbers 1 and 5.B, Federal Operating Permit (FOP) Number O2391, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 11, and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with the concentration limit and maximum allowable emissions rate; and 30 TAC §§101.20(3), 116.115(c), and 122.143(4), NSR Permit Numbers 32274, PSDTX995M1, and N042, SC Numbers 6.A and 6.B, FOP Number O2391, GTC and STC Number 11, and THSC, §382.085(b), by failing to comply with the concentration limits; PENALTY: $31,875; ENFORCEMENT COORDINATOR: Amanda Diaz, (512) 239-2601; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: Atmos Energy Corporation; DOCKET NUMBER: 2019-1093-AIR-E; IDENTIFIER: RN100542588; LOCATION: Ennis, Ellis County; TYPE OF FACILITY: natural gas compressor station; RULES VIOLATED: 30 TAC §122.143(4) and §122.146(1) and (2), Federal Operating Permit Number O3868, General Terms and Conditions and Special Terms and Conditions Number 12, and Texas Health and Safety Code, §382.085(b), by failing to certify compliance with the terms and conditions of the permit for at least each 12-month period following initial permit issuance and failing to submit a permit compliance certification within 30 days of any certification period; PENALTY: $3,937; ENFORCEMENT COORDINATOR: Richard Garza, (512) 239-2697; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: BASF Corporation; DOCKET NUMBER: 2019-0283-AIR-E; IDENTIFIER: RN100218049; LOCATION: Freeport, Brazoria County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), New Source Review Permit Number 8074A, Special Conditions Number 1, Federal Operating Permit (FOP) Number O1928, General Terms and Conditions (GTC) and Special Terms and Conditions Number 11, and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with the maximum allowable emissions rate; and 30 TAC §122.143(4) and §122.145(2)(A), FOP Number O1928, GTC, and THSC, §382.085(b), by failing to report all instances of deviations; PENALTY: $20,188; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $10,094; ENFORCEMENT COORDINATOR: Amanda Diaz, (512) 239-2601; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(4) COMPANY: Bell-Milam-Falls Water Supply Corporation; DOCKET NUMBER: 2018-1527-MLM-E; IDENTIFIER: RN101233922; LOCATION: Bartlett, Bell County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; TWC, §26.039(b), by failing to ensure that whenever an accidental discharge or spill occurs at or from any activity or facility which causes or may cause pollution, the individual operating, in charge of, or responsible for the activity or facility notifies the commission as soon as possible and not later than 24 hours after the occurrence; and TWC, §26.121(a)(1), by failing to obtain authorization to discharge industrial waste into or adjacent to any water in the state; PENALTY: $8,460; ENFORCEMENT COORDINATOR: Michaelle Garza, (210) 403-4076; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(5) COMPANY: City of Baytown; DOCKET NUMBER: 2019-0894-MWD-E; IDENTIFIER: RN104153697; LOCATION: Baytown, Harris 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 WQ0010395010, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $18,000; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $14,400; ENFORCEMENT COORDINATOR: Aaron Vincent, (512) 239-0855; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(6) COMPANY: City of Crockett; DOCKET NUMBER: 2019-0506-MWD-E; IDENTIFIER: RN101609741; LOCATION: Crockett, Houston 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 WQ0010154001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $11,250; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $9,000; ENFORCEMENT COORDINATOR: Chase Davenport, (512) 239-2615; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(7) COMPANY: City of East Tawakoni; DOCKET NUMBER: 2019-0500-MWD-E; IDENTIFIER: RN101917847; LOCATION: East Tawakoni, Rains 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 (TPDES) Permit Number WQ0011428001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; and 30 TAC §305.125(1) and (17) and TPDES Permit Number WQ0011428001, Sludge Provisions, Section I.F., Reporting Requirements, by failing to submit the annual sludge report by September 30th of each year; PENALTY: $20,625; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $16,500; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(8) COMPANY: City of Trenton; DOCKET NUMBER: 2019-0524-PWS-E; IDENTIFIER: RN101221489; LOCATION: Trenton, Fannin County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 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 executive director (ED), along with certification that the consumer notification was distributed in a manner consistent with TCEQ requirements for the January 1, 2018 - June 30, 2018, monitoring period; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1, 2012 - December 31, 2014, January 1, 2015 - December 31, 2015, January 1, 2016 - June 30, 2016, and July 1, 2016 - December 31, 2016, monitoring periods, 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 collect lead and copper tap samples for the July 1, 2017 - December 31, 2017, monitoring period; and 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st for each year, and failing to submit to the TCEQ by July 1st for each year a copy of the annual CCR and certification that the CCR is correct and consistent with the compliance monitoring data for calendar year 2017; PENALTY: $367; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (361) 825-3425; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: F & M Starmart Company LLC dba Star Mart; DOCKET NUMBER: 2019-0673-PST-E; IDENTIFIER: RN102011830; LOCATION: Sulphur Springs, Hopkins County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (361) 825-3425; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(10) COMPANY: Grand Harbor Water Supply Corporation; DOCKET NUMBER: 2019-0526-PWS-E; IDENTIFIER: RN104497946; LOCATION: Runaway Bay, Wise County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a Disinfectant Level Quarterly Operating Report (DLQOR) to the executive director (ED) by the tenth day of the month following the end of the quarter for the third and fourth quarters of 2018; 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; 30 TAC §290.117(c)(2)(A), (h), and (i)(1), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the ED for the July 1, 2018 - December 31, 2018, monitoring period; and 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 a certification that the consumer notification was distributed in a manner consistent with the TCEQ requirements for the January 1, 2018 - June 30, 2018, monitoring period; PENALTY: $774; ENFORCEMENT COORDINATOR: Julianne Dewar, (817) 588-5861; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: Grassland Water Supply Corporation; DOCKET NUMBER: 2019-0834-PWS-E; IDENTIFIER: RN101244093; LOCATION: Post, Lynn County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 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 executive director (ED) along with certification that the consumer notification has been distributed in a manner consistent with TCEQ requirements for the January 1, 2015 - June 30, 2015, July 1, 2015 - December 31, 2015, and January 1, 2016 - December 31, 2018, monitoring periods; and 30 TAC §290.122(c)(2)(A) and (f), by failing to provide a public notification and submit a copy of the public notification, accompanied with a signed Certificate of Delivery, to the ED regarding the failure to collect one groundwater source Escherichia coli (or other approved fecal indicator) sample from each active groundwater source in use at the time the distribution coliform-positive sample was collected during the month of June 2017 and failing to submit a Disinfectant Level Quarterly Operating Report to the ED by the tenth day of the month following the end of each quarter for the fourth quarter of 2017; PENALTY: $360; ENFORCEMENT COORDINATOR: Samantha Duncan, (512) 239-2511; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(12) COMPANY: Horizon Regional Municipal Utility District; DOCKET NUMBER: 2019-0785-MWD-E; IDENTIFIER: RN102329075; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), Texas Pollutant Discharge Elimination System Permit Number WQ0010795001, Effluent Limitation and Monitoring Requirements Numbers 1 and 3, by failing to comply with permitted effluent limitations; PENALTY: $18,600; ENFORCEMENT COORDINATOR: Katelyn Tubbs, (512) 239-2512; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(13) COMPANY: Keith Franklin McNeese; DOCKET NUMBER: 2019-0457-MSW-E; IDENTIFIER: RN110722980; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) site; RULES VIOLATED: 30 TAC §330.15(a) and (c), by failing to not cause, suffer, allow, or permit the unauthorized disposal of MSW; PENALTY: $1,375; ENFORCEMENT COORDINATOR: John Fennell, (512) 239-2616; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(14) COMPANY: KICKER 13 LLC dba Weatherford KOA; DOCKET NUMBER: 2019-0760-PWS-E; IDENTIFIER: RN101457844; LOCATION: Weatherford, Parker County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 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 with a well casing vent that is covered with a 16-mesh or finer corrosion-resistant screen, facing downward, elevated, and located so as to minimize the drawing of contaminants into the well; 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 in a locked and ventilated well house to exclude possible contamination or damage to the facilities by trespassers; 30 TAC §290.42(e)(2), by failing to disinfect all groundwater prior to distribution with a point of application ahead of the ground storage tank, and in a manner consistent with 30 TAC §290.110; 30 TAC §290.42(e)(3)(D), by failing to provide facilities for determining the amount of disinfectant used daily and the amount of disinfectant remaining for use; 30 TAC §290.42(j), by failing to ensure that all chemicals used in treatment of water supplied by public water systems conform to American National Standards Institute/National Sanitation Foundation Standard 60 for Drinking Water Treatment Chemicals; 30 TAC §290.43(e), by failing to ensure that all potable water storage tanks and pressure maintenance facilities are installed in a lockable building that is designed to prevent intruder access or enclosed by an intruder-resistant fence with lockable gates; 30 TAC §290.44(h)(1)(A), by failing to ensure additional protection was provided at all residences or establishments where an actual or potential contamination hazard exists in the form of an air gap or a backflow prevention assembly, as identified in 30 TAC §290.47(f); 30 TAC §290.45(c)(1)(B)(i) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a minimum well capacity of 0.6 gallon per minute (gpm) per unit; 30 TAC §290.45(c)(1)(B)(iii) and THSC, §341.0315(c), by failing to provide two or more service pumps which have a total capacity of 1.0 gpm per unit; 30 TAC §290.46(d)(2)(A) and §290.110(b)(4) and THSC, §341.0315(c), by failing to maintain a disinfectant residual of at least 0.2 milligrams per liter of free chlorine throughout the distribution system at all times; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.46(f)(2) and (3)(D)(i), 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 §290.110(c)(4)(A), by failing to monitor the disinfectant residual at representative locations throughout the distribution system at least once every seven days; 30 TAC §290.110(d)(1), by failing to measure the free chlorine residual within the distribution system with a color comparator using current reagents; and 30 TAC §290.121(a) and (b), by failing to maintain an accurate and up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the facility will use to comply with the monitoring requirements; PENALTY: $2,220; ENFORCEMENT COORDINATOR: Steven Hall, (512) 239-2569; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: Lake Amistad Rentals, L.L.C.; DOCKET NUMBER: 2019-1013-PWS-E; IDENTIFIER: RN101233294; LOCATION: Del Rio, Val Verde County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.122(a)(2) and (f), by failing to timely provide public notification and submit a copy of the public notification, accompanied with a signed Certificate of Delivery, to the executive director regarding the failure to comply with the acute maximum contaminant level for nitrate during the second quarter of 2019; PENALTY: $50; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(16) COMPANY: PeroxyChem LLC; DOCKET NUMBER: 2019-0872-AIR-E; IDENTIFIER: RN100215417; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), New Source Review Permit Number 6532, Special Conditions Number 7, Federal Operating Permit Number O1309, General Terms and Conditions and Special Terms and Conditions Number 9, and Texas Health and Safety Code, §382.085(b), by failing to comply with the minimum removal efficiency; PENALTY: $10,800; ENFORCEMENT COORDINATOR: Richard Garza, (512) 239-2697; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(17) COMPANY: PETRO-Q CORP dba Q Stop; DOCKET NUMBER: 2019-1063-PST-E; IDENTIFIER: RN102658655; LOCATION: Lancaster, Dallas County; TYPE OF FACILITY: an underground storage tank (UST) system and a ground storage tank system; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the USTs for releases at a frequency of at least once every 30 days; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(18) COMPANY: Pine Lake Water Supply Corporation; DOCKET NUMBER: 2019-1029-PWS-E; IDENTIFIER: RN101455236; LOCATION: Montgomery, Montgomery County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(f)(3)(A) and §290.122(b)(2)(A) and (f), by failing to submit a recommendation to the executive director (ED) for optimal corrosion control treatment within six months after the end of the January 1, 2018 - December 31, 2018, monitoring period, during which the lead action level was exceeded, 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 submit a recommendation to the ED for optimal corrosion control treatment within six months after the end of the January 1, 2018 - December 31, 2018, monitoring period, during which the lead action level was exceeded; and 30 TAC §290.117(g)(2)(A) and §290.122(b)(2)(A) and (f), by failing to submit a recommendation to the ED for source water treatment within 180 days after the end of the January 1, 2018 - December 31, 2018, monitoring period, during which the lead action level was exceeded, 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 submit a recommendation to the ED for source water treatment within 180 days after the end of the January 1, 2018 - December 31, 2018, monitoring period, during which the lead action level was exceeded; PENALTY: $112; ENFORCEMENT COORDINATOR: Marla Waters, (512) 239-4712; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(19) COMPANY: Sophia Group, LLC. dba Louis Food Store; DOCKET NUMBER: 2019-1111-PST-E; IDENTIFIER: RN102546561; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Berenice Munoz, (915) 834-4976; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: Texas Natural Rainwater Harvesting & Bottling, LLC; DOCKET NUMBER: 2019-0891-PWS-E; IDENTIFIER: RN105949259; LOCATION: Smithville, Bastrop County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.106(e) and §290.122(c)(2)(A) and (f), by failing to provide the results of metals and minerals sampling for the January 1, 2017 - December 31, 2017, and January 1, 2018 - December 31, 2018, monitoring periods, and the results of nitrate sampling for the January 1, 2018 - December 31, 2018, monitoring period, and failing to issue public notification and submit a copy of the public notification, accompanied with a signed Certificate of Delivery, to the executive director (ED) regarding the failure to report the results of metals and minerals sampling to the ED for the January 1, 2017 - December 31, 2017, monitoring period; and 30 TAC §290.107(e) and §290.122(c)(2)(A) and (f), by failing to provide the results of synthetic organic chemical (SOC) contaminants (SOC Group 5 and methods 504, 515, and 531) sampling to the ED for the January 1, 2017 - December 31, 2017, and January 1, 2018 - December 31, 2018, monitoring periods, failing to issue public notification and submit a copy of the public notification, accompanied with a signed Certificate of Delivery, to the ED regarding the failure to report the results for SOC contaminants sampling for the January 1, 2017 - December 31, 2017 monitoring period, failing to provide the results of volatile organic chemical (VOC) contaminants sampling to the ED for the January 1, 2017 - December 31, 2017, and January 1, 2018 - December 31, 2018, monitoring periods, and failing to issue 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 for VOC contaminants sampling for the January 1, 2017 - December 31, 2017, monitoring period; PENALTY: $385; ENFORCEMENT COORDINATOR: Steven Hall, (512) 239-2569; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.

TRD-201904008

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: October 29, 2019


Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 295

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 295, Water Rights, Procedural, §295.159, under the requirements of Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would add §295.159(c) which would provide an exception from notice requirements in §§295.159(a) and (b) relating to an application for an extension of time to commence or complete construction of a reservoir designed for storage of more than 50,000 acre-feet of water.

The commission will hold a public hearing on this proposal in Austin on December 3, 2019, at 10:00 a.m. in Room 201S in Building E, at the commission's central office located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services at (512) 239-1802 or (800) RELAY-TX (TDD). Requests should be made as far in advance as possible.

Written comments may be submitted to Andreea Vasile, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: https://www6.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2019-109-295-OW. The comment period closes December 16, 2019. Copies of the proposed rulemaking can be obtained from the commission's website at https://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Kathleen Ramirez, Water Availability Division, (512) 239-6757.

TRD-201903908

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: October 25, 2019


Notice of Public Hearing on Proposed Revisions to 30 TAC Chapters 33, 35, 39, 50, 55, 60, 70, 80, 90, 205, 285, 294, 305, 321, 330 - 332, 334, 335, 350

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 33, Consolidated Permit Processing, §33.25; 30 TAC Chapter 35, Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment of Permit Conditions, §35.13 and §35.25; 30 TAC Chapter 39, Public Notice, §§39.402, 39.403, 39.501, 39.503, 39.651, and 39.709; 30 TAC Chapter 50, Action on Applications and Other Authorizations, §§50.102, 50.113, 50.131, and 50.139; 30 TAC Chapter 55, Requests for Reconsideration and Contested Case Hearings; Public Comment, §§55.201, 55.209, 55.253, and 55.254; 30 TAC Chapter 60, Compliance History, §60.1; 30 TAC Chapter 70, Enforcement, §70.109; 30 TAC Chapter 80, Contested Case Hearings, §§80.109, 80.117, 80.118, and 80.151; 30 TAC Chapter 90, Innovative Programs, §90.22; 30 TAC Chapter 205, General Permits for Waste Discharges, §205.3; 30 TAC Chapter 285, On-Site Sewage Facilities, §285.10; 30 TAC Chapter 294, Priority Groundwater Management Areas, §294.42; 30 TAC Chapter 305, Consolidated Permits, §§305.2, 305.62, 305.69, 305.70, 305.172, 305.401 and 305.572; 30 TAC Chapter 321, Control of Certain Activities by Rule, §§321.97, 321.212, and 321.253; 30 TAC Chapter 331, Underground Injection Control, §331.202; 30 TAC Chapter 332, Composting, §332.35; 30 TAC Chapter 334, Underground and Aboveground Storage Tanks, §334.484; 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste, §335.21; and 30 TAC Chapter 350, Texas Risk Reduction Program, §350.74 and proposed new sections under 30 TAC Chapter 39, Public Notice, §§39.1001, 39.1003, 39.1005, 39.1007, 39.1009, and 39.1011.

The proposed rulemaking would amend rules to update cross-references and remove or replace obsolete text determined to be unnecessary primarily as a result of the Quadrennial Reviews of Chapters 39, 50, 55, 80, and 116.

The commission will hold a public hearing on this proposal in Austin on December 10, 2019, at 2:00 p.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services at (512) 239-1802 or (800) RELAY-TX (TDD). Requests should be made as far in advance as possible.

Written comments may be submitted to Andreea Vasile, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: https://www6.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2019-121-033-LS. The comment period closes December 16, 2019. Copies of the proposed rulemaking can be obtained from the commission's website at https://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Amy Browning, Environmental Law Division, at (512) 239-0891.

TRD-201903943

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: October 25, 2019


Notice of Public Hearing on Proposed Revisions to 30 TAC Chapters 39, 50, 55, and 80

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding the proposed repeal of 30 TAC Chapter 39, Public Notice, Subchapters A - E; Chapter 50, Action on Applications and Other Authorizations, Subchapters A - C; Chapter 55, Requests for Reconsideration and Contested Case Hearings; Public Comment, Subchapters A and B; and Chapter 80, Contested Case Hearings, §§80.3, 80.5, and 80.251, under the requirements of Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would repeal rules determined to be obsolete as a result of the Quadrennial Review of Chapters 39, 50, 55, and 80. These rules generally applied to certain permit applications declared administratively complete before September 1, 1999. The repeal of these rules would eliminate any possible confusion as to what the applicable public participation requirements are and remove obsolete sections from the commission's rules.

The commission will hold a public hearing on this proposal in Austin on December 10, 2019, at 10:00 a.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services at (512) 239-1802 or 1-800-RELAY-TX (TDD). Requests should be made as far in advance as possible.

Written comments may be submitted to Ms. Kris Hogan, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: https://www6.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2019-119-039-LS. The comment period closes December 16, 2019. Copies of the proposed rulemaking can be obtained from the commission's website at https://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Amy Browning, Environmental Law Division, at (512) 239-0891.

TRD-201903960

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: October 25, 2019


Notice of Public Hearing on Proposed Revisions to 30 TAC Chapters 39, 55, 101, 116, and to the State Implementation Plan

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 TAC Chapter 39, Public Notice, §§39.405, 39.411, 39.419, 39.420, 39.601, and 39.603; Chapter 55, Requests for Reconsideration and Contested Case Hearings; Public Comment, §55.154 and §55.156; Chapter 101, General Air Quality Rules, §101.306; and Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, §116.111 and §116.112 under the requirements of Texas Government Code, Chapter 2001, Subchapter B; and revisions to the State Implementation Plan (SIP).

The following rules would be submitted to the United States Environmental Protection Agency as revisions to the SIP: §§39.405(g)(3) and (h)(2)(C) and (3); 39.411(e)(4)(A)(i) and (5), (f)(8), and (g); 39.419(e)(1); 39.420(d)(6); 39.601; 39.603; 55.154(c), (c)(3), (e), and (f); 55.156(a) and (c); 101.306; 116.111; and 116.112(a).

The proposed rulemaking would amend rules to update cross-references and remove or replace obsolete text determined to be unnecessary as a result of the Quadrennial Reviews of Chapters 39, 50, 55, and 80.

The commission will hold a public hearing on this proposal in Austin on December 10, 2019, at 10:00 a.m., in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office of Legal Services at (512) 239-1802 or (800) RELAY-TX (TDD). Requests should be made as far in advance as possible.

Written comments may be submitted to Ms. Kris Hogan, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at: https://www6.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2019-120-039-LS. The comment period closes December 16, 2019. Copies of the proposed rulemaking can be obtained from the commission's website at https://www.tceq.texas.gov/rules/propose_adopt.html. For further information, please contact Amy Browning, Environmental Law Division, at (512) 239-0891.

TRD-201903967

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: October 25, 2019


Update to the Water Quality Management Plan (WQMP)

The Texas Commission on Environmental Quality (TCEQ or commission) requests comments from the public on the draft October 2019 Update to the WQMP for the State of Texas.

Download the draft October 2019 WQMP Update at https://www.tceq.texas.gov/permitting/wqmp/WQmanagement_updates.html or view a printed copy at the TCEQ Library, Building A, 12100 Park 35 Circle, Austin, Texas.

The WQMP is developed and promulgated in accordance with the requirements of Federal Clean Water Act, §208. The draft update includes projected effluent limits of specific domestic dischargers, which may be useful for planning in future permit actions. The draft update may also contain service area populations for listed wastewater treatment facilities, designated management agency information, and total maximum daily load (TMDL) revisions.

Once the commission certifies a WQMP update, it is submitted to the United States Environmental Protection Agency (EPA) for approval. For some Texas Pollutant Discharge Elimination System (TPDES) permits, the EPA's approval of a corresponding WQMP update is a necessary precondition to TPDES permit issuance by the commission.

Deadline

All comments must be received at the TCEQ no later than 5:00 p.m. December 12, 2019.

How to Submit Comments

Comments must be submitted in writing to:

Nancy Vignali, Texas Commission on Environmental Quality , Water Quality Division, MC 150 P.O. Box 13087 Austin, Texas 78711-3087

Comments may also be faxed to (512) 239-4420, but must be followed up with written comments by mail within three working days of the fax date or by the comment deadline, whichever is sooner.

For further information, or questions, please contact Ms. Vignali at (512) 239-1303 or by email at Nancy.Vignali@tceq.texas.gov.

TRD-201904009

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: October 29, 2019


General Land Office

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of October 14, 2019 to October 25, 2019. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period extends 30 days from the date published on the Texas General Land Office web site. The notice was published on the web site on Friday, November 1, 2019. The public comment period for this project will close at 5:00 p.m. on Sunday, December 1, 2019.

FEDERAL AGENCY ACTIONS:

Applicant: Port of Port Arthur Navigation District

Location: The project site is located in Sabine-Neches Canal adjacent to the Sabine-Neches Ship Channel, at 221 Houston Avenue (Port of Port Arthur), in Port Arthur, Jefferson County, Texas.

Latitude & Longitude (NAD 83): 29.855622 -93.944465

Project Description: The applicant is requesting to construct a new 1,000-foot-long by 62-foot-wide wharf (Berth 6) with driven concrete support piling and mechanically drill and/or hydraulically dredge an additional 4.70 acres from the Sabine-Neches Canal. The applicant proposed to utilize existing and previously authorized dredge material placement areas (DMPAs).

Type of Application: U.S. Army Corps of Engineers (USACE) permit application # SWG-2011-00303. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act.

CMP Project No: 20-1042-F1

Applicant: Texas Parks and Wildlife Department

Location: The project site is located in West Bay as well as Dana Cove, Carancahua, Butterowe, and Oak Bayous, north of Galveston Island State Park, in Galveston County, Texas.

Latitude & Longitude (NAD 83): 29.21277 -94.975067

Project Description: The applicant proposes to dredge approximately 67,000 cubic yards of sediment from 15,800 linear feet of optional construction flotation/access channels to facilitate the construction of a rock breakwater. The channel bottom width would range from 60 ft. - 100 ft., totaling a maximum of approximately 37 acres. The dredged material would be temporarily side cast directly adjacent to the construction access channels and returned to the access channels after the rock breakwater is constructed. Upon completion of work, dredged material shall be placed back into the channels. The proposed project would place approximately 31,250 cubic yards of graded rock riprap to construct 7,550 linear feet of breakwater. The bottom width range of the breakwater would range from 21 ft. - 34 ft. and would cover a maximum of approximately 5.9 acres of bay bottom. The rock breakwater will be constructed to elevation ~3.5 NAVD 88.

The rock breakwaters would be constructed at the mouths of Oak Bayou, and Dana Cove. The breakwaters would follow the alignment of deteriorated geo-textile tubes that were constructed in 1998-1999. A backhoe on a barge will also be used to dredge the optional flotation channel and then place the dredged material in the temporary stockpile area and return the dredged material to the flotation channels after the breakwater is constructed.

The purpose of the project is to protect existing estuarine habitat, approximately 87 acres of emergent marsh, approximately 12 acres of mud and sand flats from erosion and to protect and enhance approximately 311 acres of shallow open water including seagrass beds. The proposed project would also complement other restoration projects that have been completed at this area; the most recent being the Recovery Act: Restoring Estuarine Habitat in West Galveston Bay constructed in 2010 and the Galveston Island State Park Marsh Restoration and Protection in Carancahua Cove and Dana Cove Project in 2017 (SWG-2009-00292).

This project has received funding through the National Fish and Wildlife Foundation (NFWF) Gulf Environmental Benefit Fund (GBEF). This funding source was created out of the criminal settlements associated with the Deepwater Horizon (DWH) oil spill. The project is being jointly managed by the Texas General Land Office and Texas Parks and Wildlife Department.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application # SWG-1998-02298. This application will be reviewed pursuant to Section 404 of the Clean Water Act. Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under Section 401 of the Clean Water Act.

CMP Project No: 20-1017-F1

Applicant: The Kansas City Southern Railway Company

Location: The project site is located along the Sabine Neches Canal, at DD 7 Levee Road, in Port Arthur, Jefferson County, Texas.

Latitude & Longitude (NAD 83): 29.942325 -93.876129

Project Description: The applicant proposes to discharge 45,000 cubic yards of fill material into 13.99 acres of palustrine forested (PFO) wetlands and 0.07 acres of palustrine emergent (PEM) wetlands during the construction of a loop track and tank terminal facility at the Port Arthur Terminal. The terminal facility will allow for the storage and transloading of various types of crude oil, bitumen, distillates, residual oils, renewable fuels, natural gas liquids, and/or related petroleum products.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application # SWG-2013-00399. This application will be reviewed pursuant to Section 404 of the Clean Water Act. Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under Section 401 of the Clean Water Act.

CMP Project No: 20-1043-F1

FEDERAL AGENCY ACTIVITIES:

Applicant: U.S. Army Engineering District, Galveston

Location: The project site is located in the Corpus Christi Ship Channel, and adjacent waterbodies that will be directly affected by the proposed general permit located in Aransas, Nueces, and San Patricio Counties, Texas.

Project Description: This general permit would authorize work in navigable waters of the U.S. to facilitate utility line removals that impact the construction of the Federally Authorized CCSCIP as ordered by the Corps' District Engineer (DE) Directive to Remove letters sent out on behalf of the Secretary of the Army. Authorized work would include new work hydraulic and/or mechanical dredging around the utility lines to an extent of exposure for safe removal without adversely affecting the Federal Project. Dredged material excavated within 500 feet from the "top-of-slope" on both sides of the CCSCIP would be deposited in an area that has no waters of the U.S. or in designated upland confined dredged material placement areas (DMPA). Temporary dredged and/or fill material resulting from trench excavation for the purpose of utility line removal, and/or from dredging beyond the 500-foot limit of the top-of-slope of the CCSCIP, may be temporarily side cast into waters of the U.S. for no more than 90 days. Best management practices (BMPs) would be utilized to the fullest extent practicable when handling temporary dredged and/or fill material. Temporary dredged and/or fill material would consist of native material removed (excavated or dredged) for the purpose of utility line removal. Temporary fills would not be placed in special aquatic sites, (i.e., vegetated shallows, tidal and/or non-tidal wetlands), or in a manner that would not be eroded by expected high flows nor dispersed by currents or other forces. After conducting the utility line removal activity, temporary fills would be removed and replaced with the same native material excavated for the purpose of removing the utility line in their entirety. All affected areas, including the temporary fill areas, would be returned to pre-construction elevations. This general permit would also authorize temporary structures and/or work necessary for construction activities for utility line removal (i.e., cofferdams, dewatering). All temporary workspaces would be restored to preconstruction contours and elevations to the fullest practicable extent to where it does not adversely impact the CCSCIP, does not create shoaling, and does not create high points within the Federal Project or other navigable waterways. This general permit would also authorize utility line removal (if not previously authorized) from within the CCSC and adjacent bay systems directly affected by the utility line removal.

Type of Application: U.S. Army Corps of Engineers (USACE) permit application # SWG-2019-00315. This application will be reviewed pursuant to Section 10 and 14 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under Section 401 of the Clean Water Act.

CMP Project No: 20-1045-F2

Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from the Texas General Land Office Public Information Officer at 1700 N. Congress Avenue, Austin, Texas 78701, or via email at pialegal@glo.texas.gov. Comments should be sent to the Texas General Land Office Coastal Management Program Coordinator at the above address or via email at federal.consistency@glo.texas.gov.

TRD-201904029

Mark A. Havens

Chief Clerk and Deputy Land Commissioner

General Land Office

Filed: October 30, 2019


Texas Health and Human Services Commission

Amended Notice

THIS NOTICE WAS ORIGINALLY PUBLISHED IN THE NOVEMBER 1, 2019, ISSUE OF THE TEXAS REGISTER. THE ORIGINAL NOTICE INDICATED TWO PROPOSED EFFECTIVE DATES FOR THE WAIVER AMENDMENT: MARCH 9, 2019, AND MARCH 9, 2020. THE PRESENT NOTICE IS A CORRECTION TO REFLECT THE ACTUAL PROPOSED EFFECTIVE DATE OF MARCH 9, 2020.

Home and Community-based Services (HCS) 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, 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.

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

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.

TRD-201904031

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: October 30, 2019


Amended Notice

THIS NOTICE WAS ORIGINALLY PUBLISHED IN THE NOVEMBER 1, 2019, ISSUE OF THE TEXAS REGISTER. THE ORIGINAL NOTICE INDICATED TWO PROPOSED EFFECTIVE DATES FOR THE WAIVER AMENDMENT: MARCH 9, 2019, AND MARCH 9, 2020. THE PRESENT NOTICE IS A CORRECTION TO REFLECT THE ACTUAL PROPOSED EFFECTIVE DATE OF MARCH 9, 2020.

Texas Home Living (TxHmL) 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, 2020.

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

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.

TRD-201904032

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: October 30, 2019


Amended Notice

THIS NOTICE WAS ORIGINALLY PUBLISHED IN THE NOVEMBER 1, 2019, ISSUE OF THE TEXAS REGISTER. THE ORIGINAL NOTICE INDICATED THAT HHSC WAS REMOVING PERFORMANCE MEASURE D.E.1, RELATING TO THE NUMBER AND PERCENT OF INDIVIDUALS WHO WERE AFFORDED CHOICE AMONG WAIVER PROVIDERS DURING ENROLLMENT. THIS MEASURE IS NOT BEING DELETED FROM THE WAIVER APPLICATION.

Deaf Blind with Multiple Disabilities (DBMD) 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 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-201904033

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: October 30, 2019


Notice of Public Hearing on Proposed Medicaid Payment Rates for Indian Health Services

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on November 18, 2019, at 1:30 p.m., to receive comment on proposed Medicaid payment rates for Indian Health Services.

The public hearing will be held in HHSC's Public Hearing Room at the Brown-Heatly Building, located at 4900 North Lamar Boulevard, Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. HHSC also will broadcast the public hearing; the broadcast can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings. The broadcast will be archived and can be accessed on demand at the same website. The hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.

Proposal. The payment rates for the Indian Health Services are proposed to be effective January 1, 2019.

Methodology and Justification. The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code, §355.8620, which addresses the reimbursement methodology for Services Provided in Indian Health Service and Tribal Facilities.

Briefing Packet. A briefing packet describing the proposed payment rates will be available at http://rad.hhs.texas.gov/rate-packets on or after November 4, 2019. Interested parties may obtain a copy of the briefing packet on or after November 4, 2019, by contacting Rate Analysis by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at RADAcuteCare@hhsc.state.tx.us. The briefing packet will also be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Rate Analysis at (512) 730-7475; or by e-mail to RADAcuteCare@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Blvd., Austin, Texas 78751.

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

TRD-201903896

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: October 24, 2019


Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medicaid Biennial Calendar Fee Review

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on November 18, 2019, at 1:30 p.m., to receive comment on proposed Medicaid payment rates for the Medicaid Biennial Calendar Fee Review.

The public hearing will be held in the HHSC Public Hearing Room at the Brown-Heatly Building, located at 4900 North Lamar Blvd., Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. HHSC will broadcast the public hearing; the broadcast can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings. The broadcast will be archived and can be accessed on demand at the same website. The hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.

Proposal. The payment rates for the Medicaid Biennial Calendar Fee Review are proposed to be effective January 1, 2020, for the following services:

Auditory System Surgery

Blood Products

Ear, Nose, and Throat

K Codes (power wheelchairs, wheelchair accessories, and other supplies)

Male Genital System Surgery

Musculoskeletal System Surgery

Nuclear Medicine

Pulmonary Services

Q Codes (batteries, power supplies, and related accessories)

R Codes (portable x-ray services)

Radiation Oncology

Radiopharmaceuticals

Intravenous Treatment and Chemotherapy

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

§355.8023, which addresses the reimbursement methodology for durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS);

§355.8061, which addresses outpatient hospital reimbursement;

§355.8085, which addresses the reimbursement methodology for physicians and other practitioners;

§355.8441, which addresses the reimbursement methodologies for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services (known in Texas as Texas Health Steps); and

§355.8620, which addresses the reimbursement methodology for services provided in Indian Health Service and Tribal Facilities.

Briefing Packet. A briefing packet describing the proposed payments rates will be available at https://rad.hhs.texas.gov/rate-packets on or after November 4, 2019. Interested parties may obtain a copy of the briefing packet on or after November 4, 2019, by contacting Rate Analysis by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at RADAcuteCare@hhsc.state.tx.us. The briefing packet will also be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Rate Analysis at (512) 730-7475; or by e-mail to RADAcuteCare@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Blvd., Austin, Texas 78751.

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

TRD-201903892

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: October 23, 2019


Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medical Policy Review of Continuous Glucose Monitoring

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on November 18, 2019, at 1:30 p.m., to receive comment on proposed Medicaid payment rates for the Medical Policy Review of Continuous Glucose Monitoring.

The public hearing will be held in the HHSC Public Hearing Room at the Brown-Heatly Building, located at 4900 North Lamar Blvd., Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. HHSC will broadcast the public hearing; the broadcast can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings. The broadcast will be archived and can be accessed on demand at the same website. The hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.

Proposal. The payment rates for the Medical Policy Review of Continuous Glucose Monitoring are proposed to be effective January 1, 2020.

Methodology and Justification. The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code, §355.8023, which addresses the reimbursement methodology for Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS).

Briefing Packet. A briefing packet describing the proposed payments rates will be available at https://rad.hhs.texas.gov/rate-packets on or after November 4, 2019. Interested parties may obtain a copy of the briefing packet on or after November 4, 2019, by contacting Rate Analysis by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at RADAcuteCare@hhsc.state.tx.us. The briefing packet will also be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Rate Analysis at (512) 730-7475; or by e-mail to RADAcuteCare@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Blvd, Austin, Texas 78751.

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

TRD-201903894

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: October 23, 2019


Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medical Policy Review of Fetal Magnetic Resonance Imaging (MRI)

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on November 18, 2019, at 1:30 p.m., to receive comment on proposed Medicaid payment rates for the Medical Policy Review of Fetal Magnetic Resonance Imaging (MRI).

The public hearing will be held in the HHSC Public Hearing Room at the Brown-Heatly Building, located at 4900 North Lamar Blvd., Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. HHSC will broadcast the public hearing; the broadcast can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings. The broadcast will be archived and can be accessed on demand at the same website. The hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.

Proposal. The payment rates for the Medical Policy Review of Fetal Magnetic Resonance Imaging (MRI) are proposed to be effective January 1, 2020.

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

§355.8061, which addresses outpatient hospital reimbursement;

§355.8085, which addresses the reimbursement methodology for physicians and other practitioners; and

§355.8441, which addresses the reimbursement methodologies for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services (known in Texas as Texas Health Steps).

Briefing Packet. A briefing packet describing the proposed payments rates will be available at https://rad.hhs.texas.gov/rate-packets on or after November 4, 2019. Interested parties may obtain a copy of the briefing packet on or after November 4, 2019, by contacting Rate Analysis by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at RADAcuteCare@hhsc.state.tx.us. The briefing packet will also be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Rate Analysis at (512) 730-7475; or by e-mail to RADAcuteCare@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Blvd, Austin, Texas 78751.

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

TRD-201903893

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: October 23, 2019


Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medical Policy Review of Vision Services Nonsurgical

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on November 18, 2019, at 1:30 p.m., to receive comment on proposed Medicaid payment rates for the Medical Policy Review of Vision Services Nonsurgical.

The public hearing will be held in the HHSC Public Hearing Room at the Brown-Heatly Building, located at 4900 North Lamar Blvd., Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. HHSC will broadcast the public hearing; the broadcast can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings. The broadcast will be archived and can be accessed on demand at the same website. The hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.

Proposal. The payment rates for the Medical Policy Review of Vision Services Nonsurgical are proposed to be effective January 1, 2020.

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

§355.8001, which addresses reimbursement for Vision Care Services;

§355.8085, which addresses the reimbursement methodology for physicians and other practitioners; and

§355.8441, which addresses the reimbursement methodologies for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Services (known in Texas as Texas Health Steps).

Briefing Packet. A briefing packet describing the proposed payments rates will be available at https://rad.hhs.texas.gov/rate-packets on November 4, 2019. Interested parties may obtain a copy of the briefing packet on or after November 4, 2019, by contacting Rate Analysis by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at RADAcuteCare@hhsc.state.tx.us. The briefing packet will also be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Rate Analysis at (512) 730-7475; or by e-mail to RADAcuteCare@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Blvd, Austin, Texas 78751.

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

TRD-201903895

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: October 23, 2019


Notice of Public Hearing on Proposed Medicaid Payment Rates for the Quarterly Healthcare Common Procedure Coding System (HCPCS) Updates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on November 18, 2019, at 1:30 p.m., to receive comment on proposed Medicaid payment rates for the Quarterly HCPCS Updates.

The public hearing will be held in the HHSC Public Hearing Room, Brown-Heatly Building, located at 4900 North Lamar Blvd., Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. HHSC will broadcast the public hearing; the broadcast can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings. The broadcast will be archived and can be accessed on demand at the same website. The hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.

Proposal. The payment rates for the Quarterly HCPCS Updates are proposed to be effective January 1, 2020, for Physician Administered Drugs.

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

§355.8085, which addresses the reimbursement methodology for physicians and other practitioners; and

§355.8441, which addresses the reimbursement methodologies for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) services (known in Texas as Texas Health Steps).

Briefing Packet. A briefing packet describing the proposed payment rates will be available at https://rad.hhs.texas.gov/rate-packets on November 4, 2019. Interested parties may obtain a copy of the briefing packet on or after November 4, 2019, by contacting Rate Analysis by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at RADAcuteCare@hhsc.state.tx.us. The briefing packet will also be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Rate Analysis at (512) 730-7475; or by e-mail to RADAcuteCare@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Texas Health and Human Services Commission, Attention: Rate Analysis, Mail Code H-400, Brown-Heatly Building, 4900 North Lamar Blvd, Austin, Texas 78751.

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

TRD-201903897

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: October 24, 2019


Department of State Health Services

Notification of Meat Safety Assurance Penalty Matrix

Texas Health and Safety Code, Chapter 433, authorizes the Department of State Health Services (department) to regulate the slaughter, processing, sale, and distribution in intrastate commerce of meat and poultry products in Texas. The goals are to protect the health and welfare of consumers by assuring that meat and meat food products distributed to them are wholesome, unadulterated, and properly marked, labeled, and packaged and ensure humane treatment of animals. To achieve these goals, the department performs routine inspections, complaint investigations, and other regulatory activities. The department has rulemaking authority under the Texas Meat and Poultry Inspection Act (Act), Texas Health and Safety Code §433.008. The Act gives the department authority to prescribe rules and regulations describing sanitation requirements for inspected establishments. The department's rules are promulgated in Texas Administrative Code, Title 25, Part 1, Chapter 221, Meat Safety Assurance, Subchapter B, Meat and Poultry Inspection. The department has authority under §433.094 of the Act to prescribe and assess administrative penalties to enforce violations of laws and rules. The Act also provides department personnel the authority to refuse to allow meat or meat food products, or poultry products, to be labeled, marked, stamped, or tagged as "inspected and passed," and to prevent the entry of products into commerce when conditions of an establishment are such that products are adulterated. If the sanitary conditions of a facility are not maintained, the department can refuse to render inspection and indefinitely withdraw inspection from an establishment, provided the establishment is afforded the right to an administrative hearing.

The department may take a withholding action or impose a suspension, without prior notification if deemed necessary to ensure compliance with the Act and rules in Texas Administrative Code, Title 25, Part 1, Chapter 221, Subchapter B. The department publishes the Meat Safety Assurance Penalty Matrix (matrix) to inform the public and the regulated industry about the department's enforcement policies. The penalties are scaled into five levels based on the public health significance of each potential occurrence and the levels are set forth in the matrix to promote compliance with the Act and rules in Texas Administrative Code, Title 25, Part 1, Chapter 221, Subchapter B, promote public health, and confidence in the industry. The matrix promotes transparency in the department's regulatory efforts to protect Texas consumers, and provides notice of anticipated penalty assessments when regulatory standards are not met. Severity of a violation is determined by the following principles.

Severity 1 violations are reserved for cases where harm has been done due to the violation. Examples of Severity 1 violations would be practices by the violator that jeopardized public health that lead to confirmed illnesses. This could include illnesses caused by product contamination or by failure to properly label product containing allergens. Some cases of intentional animal cruelty may also be determined to be Severity 1 cases.

Severity 2 violations are cases where noncompliant practices by a violator lead to harmful products being entered into commerce, but do not lead to illness. This could include product contamination or failure to properly label product containing allergens. Some cases of intentional animal cruelty may also be determined to be Severity 2 cases.

Severity 3 violations are cases where noncompliant practices by a violator create significant risk for production of adulterated product in the production environment. This could include contamination in the production environment, production of product without inspection (when inspection is required) or failure by the establishment to correct noncompliant deficiencies in the production environment that directly involve product safety. Another example of a Severity 3 violation would be fraudulent practices that result in public health risk or improper monetary gain of over $1,000 by the violator. Some cases of intentional animal cruelty may also be determined to be Severity 3 cases.

Severity 4 violations are cases where noncompliant practices by a violator create risk for production of adulterated product in the production environment. This could include failure by the establishment to correct noncompliant deficiencies in the production environment that deal with product handling or product contact surfaces. Additional examples of Severity 4 violations would be negligent fraudulent practices that result in improper monetary gain of under $1,000 by the violator. Some cases of negligent inhumane slaughter, handling, or treatment of an animal may also be determined to be Severity 4 cases.

Severity 5 violations are cases where minor noncompliant practices by a violator create some risk for production of adulterated product in the production environment. This could include failure by the establishment to correct minor noncompliant deficiencies in the production environment that do not involve product handling or product contact surfaces. An additional example of a Severity 5 violation would be a fraudulent practice that is not reasonably determined to result in public health risk or improper monetary gain by the violator. Instances where there is a failure to correct noncompliance related to humane slaughter, handling, or treatment of animals may also be determined to be Severity 5 cases.

As part of its commitment to the protection of public health, notice to the regulated industry, and meat and poultry safety in Texas, the department publishes the matrix to encourage consistent, uniform, and fair assessment of penalties by the department for violations of the rules promulgated in Texas Administrative Code, Title 25, Part 1, Chapter 221, Subchapter B. The list of violations in the matrix provides a corresponding citation to the appropriate section of the rules for each violation.

Under §433.094(b), the department shall consider the following when assessing the amount of a penalty: (1) the person's previous violations; (2) the seriousness of the violation; (3) any hazard to the health and safety of the public; (4) the person's demonstrated good faith; and (5) such other matters as justice may require.

The department may offer to settle disputed claims as deemed appropriate, through various means including, but not limited to, informal conference, reduced penalty amounts, or other appropriate lawful means, subject to approval of the commissioner, on a case-by-case basis. In addition to administrative penalties, the department may revoke or suspend an establishment's grant(s) of inspection or custom exemption. All decisions made by the department related to violations of Texas Administrative Code, Title 25, Part 1, Chapter 221, Subchapter B are based on circumstances at the time of inspection.

The proposed matrix may be reviewed and revised from time to time. This matrix shall be effective immediately upon publication in the Texas Register and shall further define the current department procedures for assessing administrative penalties for violations of Texas Administrative Code, Title 25, Part 1, Chapter 221, Subchapter B.

Meat Safety Assurance Penalty Matrix (.pdf)

TRD-201904028

Barbara L. Klein

General Counsel

Department of State Health Services

Filed: October 30, 2019


Texas Department of Housing and Community Affairs

Public Notice of Demolition/Reconstruction of South Bluff Apartments

South Bluff Apartments is a 35-unit affordable multifamily complex located on 1.07 acres at 509 S. Carancahua St., Corpus Christi, Texas. The 37-year-old two-story complex currently consists of 25 1-bedroom and 10 2-bedroom units. The new property - to be known as Avanti Legacy at South Bluff - will be 4 stories, and consist of 30 1-bedroom and 12 2-bedroom units for a total of 42 units. Demolition is anticipated to begin in February 2020, and all units are anticipated to be reconstructed by April 2021. It is anticipated that all residents will be permanently displaced as a result of reconstruction occurring over a 14-month period. Funding is provided through Low Income Housing Tax Credit (LIHTC) equity from RBC Capital Markets with HOME funding provided by The Texas Department of Housing and Community Affairs, along with deferred developer fee and contractor loyalty contribution. All 42 units will remain lower income dwelling units for 35 years from the date of initial occupancy as recorded in the Development's HOME and LIHTC Land Use Restriction Agreements.

Public Comment Period

Starts at 8:00 a.m. Austin local time on November 8, 2019.

Ends at 5:00 p.m. Austin local time on November 21, 2019.

Comments received after 5:00 p.m. Austin local time on November 21, 2019, will not be accepted.

Written comments may be submitted to:

Texas Department of Housing and Community Affairs

Attn: Carmen Roldan, South Bluff Apartments

P.O. Box 13941 Austin, Texas 78711-3941

Email: carmen.roldan@tdhca.state.tx.us

Written comments may be submitted in hard copy or email formats within the designated public comment period. Those making public comment are encouraged to reference the specific rule, policy, or plan related to their comment, as well as a specific reference or cite associated with each comment.

Please be aware that all comments submitted to the TDHCA will be considered public information.

Las personas que no pueden hablar, leer, escribir o entender el idioma inglés pueden llamar al (512) 475-3800 o al número de llamada gratuita (800) 525-0657 para solicitar asistencia con la traducción de documentos, eventos u otra información del Departamento de Vivienda y Asuntos Comunitarios de Texas (Texas Department of Housing and Community Affairs).

Quédese en la línea y permanezca en silencio durante nuestras indicaciones automatizadas de voz en inglés hasta que un representante responda. El representante lo pondrá en espera y le comunicará con un intérprete para ayudarle con su llamada.

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

Street Address: 221 East 11th Street, Austin, Texas 78701

Mailing Address: P.O. Box 13941, Austin, Texas 78711-3941

Main Number: (512) 475-3800

Toll Free: (800) 525-0657

Email: info@tdhca.state.tx.us

Web: www.tdhca.state.tx.us

Location of 35 lower-income dwelling units that will be demolished

Map (.pdf)

TRD-201904030

Bobby Wilkinson

Executive Director

Texas Department of Housing and Community Affairs

Filed: October 30, 2019


Texas Department of Insurance

Company Licensing

Application to do business in the state of Texas for Nationwide Assurance Company, a foreign fire and/or casualty company. The home office is in Columbus, Ohio.

Application to do business in the state of Texas for Supreme Council of the Royal Arcanum, a foreign life, accident and/or health company. The home office is in Boston, Massachusetts.

Application to do business in the state of Texas for Mobilitas General Insurance Company, a foreign fire and/or casualty company. The home office is in Glendale, Arizona.

Application for Executive Insurance Company, a foreign fire and/or casualty company, to change its name to Gramercy Indemnity Company. The home office is in Uniondale, New York.

Application for Advantage Workers Compensation Insurance Company, a foreign fire and/or casualty company, to change its name to WCF National Insurance Company. The home office is in Sandy, Utah.

Application for Partnerre Insurance Company of New York, a foreign fire and/or casualty company, to change its name to Cerity Insurance Company. The home office is in New York, New York.

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

TRD-201904027

James Person

General Counsel

Texas Department of Insurance

Filed: October 30, 2019


Texas Lottery Commission

Correction of Error

The Texas Lottery Commission published notice of the procedures for Scratch Ticket Game Number 2185 "HOLIDAY CHEER" in the October 25, 2019 issue of the Texas Register (44 TexReg 6437). Due to an error by the Texas Register, the notice was formatted incorrectly. The notice should have been formatted as follows:

Scratch Ticket Game Number 2185 "HOLIDAY CHEER"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2185 is "HOLIDAY CHEER". The play style is "row".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2185 shall be $2.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2185.

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: WREATH SYMBOL, STOCKING SYMBOL, HORN SYMBOL, SLEIGH SYMBOL, DRUM SYMBOL, SKATE SYMBOL, NUTCRACKER SYMBOL, REINDEER SYMBOL, BELL SYMBOL, STAR SYMBOL, ANGEL SYMBOL, IGLOO SYMBOL, TREE SYMBOL, PENGUIN SYMBOL, CANDY CANE SYMBOL, HOLLY SYMBOL, MITTEN SYMBOL, SNOWMAN SYMBOL, CANDLE SYMBOL, GINGERBREAD MAN SYMBOL, SNOWFLAKE SYMBOL, ORNAMENT SYMBOL, TRAIN SYMBOL, GIFT SYMBOL, CABIN SYMBOL, $2.00, $5.00, $10.00, $20.00, $50.00, $100, $1,000 and $30,000.

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

Figure 1: GAME NO. 2185 - 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 (2185), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 125 within each Pack. The format will be: 2185-0000001-001.

H. Pack - A Pack of the "HOLIDAY CHEER" Scratch Ticket Game contains 125 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One Ticket will be folded over to expose a front and back of one Ticket on each Pack. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a 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 "HOLIDAY CHEER" Scratch Ticket Game No. 2185.

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 "HOLIDAY CHEER" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose thirty (30) Play Symbols. If a player reveals 5 matching Play Symbols in the same GAME, the player wins the PRIZE for that GAME. If the player reveals a "GIFT" Play Symbol in any GAME, the player wins the PRIZE for that GAME instantly. If the player reveals a "CABIN" Play Symbol in any GAME, the player WINS $50 INSTANTLY! No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly thirty (30) 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 thirty (30) 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 thirty (30) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the thirty (30) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

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

C. On winning and Non-Winning Tickets, the top cash prizes of $1,000 and $30,000 will each appear at least once, except on Tickets winning more than three (3) times, with respect to other parameters, play action or prize structure.

D. A Ticket can win up to five (5) times: once in each GAME.

E. On all Tickets, non-winning Prize Symbols will all be different.

F. The play area consists of twenty-five (25) Play Symbols and five (5) Prize Symbols.

G. There will never be five (5) matching Play Symbols in a vertical or diagonal line.

H. Consecutive Non-Winning Tickets within a Pack will not have matching GAMES. For instance, if the first Ticket contains a Star Play Symbol, Bell Play Symbol, Drum Play Symbol, Horn Play Symbol and Sleigh Play Symbol in any GAME, then the next Ticket may not contain a Star Play Symbol, Bell Play Symbol, Drum Play Symbol, Horn Play Symbol and Sleigh Play Symbol in any GAME in any order.

I. Non-Winning Tickets will not have matching GAMES. For instance, if GAME 1 is the Star Play Symbol, Bell Play Symbol, Drum Play Symbol, Horn Play Symbol and Sleigh Play Symbol, then GAME 2 through GAME 5 will not contain the Star Play Symbol, Bell Play Symbol, Drum Play Symbol, Horn Play Symbol and Sleigh Play Symbol in any order.

J. Winning Tickets will contain one or more of the following combinations: five (5) matching Play Symbols in a horizontal GAME, one (1) "GIFT" (WIN) Play Symbol and four (4) Play Symbols that do not match in a horizontal GAME, or one (1) "CABIN" (WIN$50) Play Symbol and four (4) Play Symbols that do not match in a horizontal GAME.

K. The "GIFT" (WIN) Play Symbol will win the PRIZE for that GAME.L. The "CABIN" (WIN$50) Play Symbol will win $50 instantly.

M. The "CABIN" (WIN$50) Play Symbol will never appear more than once on a Ticket.

N. The "GIFT" (WIN) and "CABIN" (WIN$50) Play Symbols will never appear on Non-Winning Tickets.

O. The "GIFT" (WIN) and "CABIN" (WIN$50) Play Symbols will never appear in the same GAME.

P. On Tickets winning using either the "GIFT" (WIN) or the "CABIN" (WIN$50) Play Symbols, the remaining Play Symbols in the same GAME will not match.

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

2.3 Procedure for Claiming Prizes.

A. To claim a "HOLIDAY CHEER" Scratch Ticket Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00 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 $50.00 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 "HOLIDAY CHEER" Scratch Ticket Game prize of $1,000 or $30,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "HOLIDAY CHEER" 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 "HOLIDAY CHEER" 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 "HOLIDAY CHEER" 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. 2185. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2185 - 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. 2185 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. 2185, 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-201904012


Scratch Ticket Game Number 2190 "PREMIER PLAY"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2190 is "PREMIER PLAY". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2190 shall be $50.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2190.

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, 03, 04, 06, 07, 08, 09, 11, 12, 13, 14, 15, 16, 17, 18, 19, 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, MONEY BAG SYMBOL, 2X SYMBOL, 5X SYMBOL, 10X SYMBOL, 20X SYMBOL, $50.00, $100, $200, $500, $1,000, $2,000, $10,000 and $5,000,000.

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

Figure 1: GAME NO. 2190 - 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 (2190), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 020 within each Pack. The format will be: 2190-0000001-001.

H. Pack - A Pack of the "PREMIER PLAY" Scratch Ticket Game contains 020 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The back of Ticket 001 will be shown on the front of the Pack; the back of Ticket 020 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.

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 "PREMIER PLAY" Scratch Ticket Game No. 2190.

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 "PREMIER PLAY" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose seventy-six (76) Play Symbols. If a 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 a player reveals a "MONEY BAG" Play Symbol, the player wins the prize for that symbol instantly. If a player reveals a "2X" Play Symbol, the player wins DOUBLE the prize for that symbol. If a player reveals a "5X" Play Symbol, the player wins 5 TIMES the prize for that symbol. If a player reveals a "10X" Play Symbol, the player wins 10 TIMES the prize for that symbol. If a player reveals a "20X" Play Symbol, the player wins 20 TIMES the prize for that symbol. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly seventy-six (76) 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 seventy-six (76) 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 seventy-six (76) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the seventy-six (76) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

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

C. A Ticket can win up to thirty-five (35) times.

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

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

F. No matching WINNING NUMBERS Play Symbols will appear on a Ticket.

G. On winning and Non-Winning Tickets, the top cash prizes of $1,000, $10,000 and $5,000,000 will each appear at least once, except on Tickets winning thirty-five (35) times and with respect to other parameters, play action or prize structure.

H. On all Tickets, a Prize Symbol will not appear more than five (5) times, except as required by the prize structure to create multiple wins.

I. On Non-Winning Tickets, a WINNING NUMBERS Play Symbol will never match a YOUR NUMBERS Play Symbol.

J. The "MONEY BAG" (WIN) Play Symbol will never appear on the same Ticket as the "2X" (WINX2), "5X" (WINX5), "10X" (WINX10) or "20X" (WINX20) Play Symbols.

K. A "2X" (WINX2) Play Symbol will never appear more than three (3) times on a Ticket.

L. The "2X" (WINX2) Play Symbol will win DOUBLE the prize for that Play Symbol and will win as per the prize structure.

M. The "2X" (WINX2) Play Symbol will never appear on a Non-Winning Ticket.

N. The "2X" (WINX2) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

O. The "5X" (WINX5) Play Symbol will win 5 TIMES the prize for that Play Symbol and will win as per the prize structure.

P. The "5X" (WINX5) Play Symbol will never appear more than once on a Ticket.

Q. The "5X" (WINX5) Play Symbol will never appear on a Non-Winning Ticket.

R. The "5X" (WINX5) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

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

T. The "10X" (WINX10) Play Symbol will never appear more than once on a Ticket.

U. The "10X" (WINX10) Play Symbol will never appear on a Non-Winning Ticket.

V. The "10X" (WINX10) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

W. The "20X" (WINX20) Play Symbol will win 20 TIMES the prize for that Play Symbol and will win as per the prize structure.

X. The "20X" (WINX20) Play Symbol will never appear more than once on a Ticket.

Y. The "20X" (WINX20) Play Symbol will never appear on a Non-Winning Ticket.

Z. The "20X" (WINX20) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

AA. The "MONEY BAG" (WIN) Play Symbol will win the prize for that Play Symbol.

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

CC. The "MONEY BAG" (WIN) Play Symbol will never appear on a Non-Winning Ticket.

DD. The "MONEY BAG" (WIN) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "PREMIER PLAY" Scratch Ticket Game prize of $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 $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 "PREMIER PLAY" Scratch Ticket Game prize of $1,000 or $10,000, 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. To claim a "PREMIER PLAY" Scratch Ticket Game top level prize of $5,000,000, the claimant must sign the winning Scratch Ticket and present it at Texas Lottery Commission headquarters in Austin, Texas. 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.

D. As an alternative method of claiming a "PREMIER PLAY" Scratch Ticket Game prize, with the exception of the top level prize of $5,000,000, 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.

E. 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.

F. 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 "PREMIER PLAY" 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 "PREMIER PLAY" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 5,400,000 Scratch Tickets in Scratch Ticket Game No. 2190. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2190 - 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. 2190 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. 2190, 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-201904010

Bob Biard

General Counsel

Texas Lottery Commission

Filed: October 29, 2019


Public Utility Commission of Texas

Notice of Application for True-Up of 2017 Federal Universal Service Fund Impacts to the Texas Universal Service Fund

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on October 22, 2019, for true-up of 2017 Federal Universal Service Fund (FUSF) Impacts to the Texas Universal Service Fund (TUSF).

Docket Style and Number: Application of Community Telephone Company, Inc. for True Up of 2017 Federal Universal Service Fund Impacts to the Texas Universal Service Fund, Docket Number 50121.

The Application: Community Telephone Company, Inc. (CTC) filed a true-up report in accordance with Findings of Fact Nos. 16, 17, and 19 of the final Order in Docket No. 47813. In that docket, the Commission determined that the Federal Communications Commission's actions were reasonably projected to reduce the amount that CTC received in Federal Universal Service Fund (FUSF) revenue by $254,853 for calendar year 2017. The projected reduction in FUSF revenue was expected to be offset by $74,953 in rate increases that CTC has implemented in 2017, and $179,900 from the Texas Universal Service Fund (TUSF). The final Order required a true-up of the actual 2017 revenue reductions. As a result of that true-up, CTC now asserts it is due to refund the TUSF in the amount of $68,120.

Persons wishing to intervene or comment on the action sought should contact the commission by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 50121.

TRD-201904007

Andrea Gonzalez

Rules Coordinator

Public Utility Commission of Texas

Filed: October 28, 2019


Notice of Hearing on the Merits

APPLICATION: Joint Report and Application of El Paso Electric Company, Sun Jupiter Holdings LLC, and IIF US Holding 2 LP for Regulatory Approvals Under PURA §§14.101, 39.262, and 39.915, Docket No. 49849

El Paso Electric Company (EPE), Sun Jupiter Holdings LLC (Sun Jupiter), and IIF US Holding 2 LP filed a joint report and application for regulatory approval of a merger agreement whereby Sun Merger Sub Inc. will merge with and into EPE, with EPE continuing as the surviving corporation, and EPE becoming a direct wholly-owned subsidiary of Sun Jupiter.

HEARING ON THE MERITS: The Public Utility Commission of Texas will convene the hearing on the merits of the application at the Commission's offices at 10:00 a.m., November 20, 2019, 1701 N. Congress Avenue, Austin, Texas 78701. The hearing is scheduled to continue on November 21 and 22, starting at 9:00 a.m. on each of those days. The Commissioners have agreed to hear the case rather than referring it to the State Office of Administrative Hearings.

The Commission will consider evidence on whether to affirm, modify, or set aside the application. The hearing will be conducted in accordance with PURA and Commission rules in 16 Texas Administrative Code chapters 22 and 25.

Persons planning to attend this hearing who have disabilities requiring auxiliary aids or services should notify the Commission as far in advance as possible so that appropriate arrangements can be made. Requests can be made by mail, telephone or in person to the Commission's Office of Customer Protection, 1701 N. Congress Ave., Austin, Texas 78701, phone number (512) 936-7150 or (512) 936-7136 for the teletypewriter for the deaf.

TRD-201904016

Theresa Walker

Assistant Rules Coordinator

Public Utility Commission of Texas

Filed: October 29, 2019


Notice of Intent to File LRIC Study Under 16 TAC §26.214

Notice is given to the public of the filing on October 15, 2019, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study under 16 Texas Administrative Code (TAC) §26.214. The applicant will file the LRIC study on or before November 11, 2019.

Docket Title and Number: Application of Consolidated Communications of Texas for Approval of LRIC Study Under 16 TAC §26.214, Docket No. 50053.

Any party that demonstrates a justiciable interest may file written comments or recommendations concerning the LRIC study referencing Docket No. 50053. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at the commission, by mail at P.O. Box 13326, Austin, Texas 78711‑3326, or by phone at (512) 936-7120 or toll free at (888) 782-8477. Hearing and speech‑impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 50053.

TRD-201904021

Andrea Gonzalez

Rules Coordinator

Public Utility Commission of Texas

Filed: October 30, 2019


Texas Department of Transportation

Aviation Division - Request for Qualifications (RFQ) for Professional Engineering Services

The City of Hillsboro, through its agent, the Texas Department of Transportation (TxDOT), intends to engage a professional engineering firm for services pursuant to Chapter 2254, Subchapter A, of the Government Code. TxDOT Aviation Division will solicit and receive qualification statements for the current aviation project as described below.

Current Project: City of Hillsboro; TxDOT CSJ No.: 2009HILLS. The TxDOT Project Manager is Robert Johnson, P.E.

Scope: Provide engineering and design services, including construction administration, to:

1. replace medium intensity runway lights Runway 16-34;

2. replace precision approach path indicators-2 Runway 16;

3. install precision approach path indicators-2 Runway 34;

4. replace windcone; and

5. replace airfield guidance signs.

The Agent, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all respondents that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The proposed contract is subject to 49 CFR Part 26 concerning the participation of Disadvantaged Business Enterprises (DBE).

The DBE goal for the design phase of the current project is 7%. The goal will be re-set for the construction phase.

A voluntary pre-submittal meeting is scheduled from 10:00 am - noon on November 19, 2019, at Hillsboro Municipal Airport, 1000 Airport Blvd., Suite 101, Hillsboro, Texas 76645. There will be an opportunity for interested firms to ask questions followed by an airport site visit.

This is the only available time for interested firms to visit with local designated representatives prior to the AVN-550 submission.

The City of Hillsboro reserves the right to determine which of the services listed above may or may not be awarded to the successful firm and to initiate additional procurement action for any of the services listed above.

To assist in your qualification statement preparation, the criteria, project diagram, and most recent Airport Layout Plan are available online at http://www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Hillsboro Municipal Airport." The qualification statement should address a technical approach for the current scope only. Firms shall use page 4, Recent Airport Experience, to list relevant past projects.

Interested firms shall utilize the latest version of Form AVN-550, titled "Qualifications for Aviation Architectural/Engineering Services." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, (800) 68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT website at http://www.txdot.gov/inside-txdot/division/aviation/projects.html. The form may not be altered in any way. Firms must carefully follow the instructions provided on each page of the form. Qualifications shall not exceed the number of pages in the AVN-550 template. The AVN-550 consists of eight pages of data plus one optional illustration page. A prime provider may only submit one AVN-550. If a prime provider submits more than one AVN-550, or submits a cover page with the AVN-550, that provider will be disqualified. Responses to this solicitation WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is a PDF Template.

The completed Form AVN-550 must be received in the TxDOT Aviation eGrants system no later than December 03, 2019, 11:59 p.m. Electronic facsimiles or forms sent by email or regular/overnight mail will not be accepted.

Firms that wish to submit a response to this solicitation must be a user in the TxDOT Aviation eGrants system no later than one business day before the solicitation due date. To request access to eGrants, please complete the Contact Us web form located at http://txdot.gov/government/funding/egrants-2016/aviation.html

An instructional video on how to respond to a solicitation in eGrants is available at http://txdot.gov/government/funding/egrants-2016/aviation.html.

Step by step instructions on how to respond to a solicitation in eGrants will also be posted in the RFQ packet at http://www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm.

The consultant selection committee will be composed of local government representatives. The final selection by the committee will generally be made following the completion of review of AVN-550s. The committee will review all AVN-550s and rate and rank each.

The Evaluation Criteria for Engineering Qualifications can be found at http://www.txdot.gov/inside-txdot/division/aviation/projects.html under Information for Consultants. All firms will be notified and the top rated firm will be contacted to begin fee negotiations for the design and bidding phases. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

Please contact TxDOT Aviation for any technical or procedural questions at (800) 68- PILOT (74568). For procedural questions, please contact Anna Ramirez, Grant Manager. For technical questions, please contact Robert Johnson, P.E., Project Manager.

For questions regarding responding to this solicitation in eGrants, please contact the TxDOT Aviation help desk at (800) 687-4568 or avn-egrantshelp@txdot.gov.

TRD-201903903

Becky Blewett

Deputy General Counsel

Texas Department of Transportation

Filed: October 24, 2019


Request for Proposals -- Traffic Safety Program

In accordance with 43 TAC §25.901 et seq., the Texas Department of Transportation (TxDOT) is requesting project proposals to support the targets and strategies of its traffic safety program to reduce the number of motor vehicle related crashes, injuries, and fatalities in Texas. These targets and strategies form the basis for the Federal Fiscal Year 2021 (FY 2021) Texas Highway Safety Plan (HSP).

Authority and responsibility for funding of the traffic safety grant program derives from the National Highway Safety Act of 1966 (23 USC §401 et seq.), and the Texas Traffic Safety Act of 1967 (Transportation Code, Chapter 723). The Behavioral Traffic Safety Section (TRF-BTS) is an integral part of TxDOT and works through 25 districts for local projects. The program is administered at the state level by TxDOT's Traffic Safety Division (TRF). The Executive Director of TxDOT is the designated Governor's Highway Safety Representative.

The following is information related to the FY 2021 General Traffic Safety Grants - Request for Proposals (RFP). Please review the full FY 2021 RFP located online at: https://www.txdot.gov/apps/egrants/eGrantsHelp/RFP/RFP2021.pdf.

This request for proposals does not include solicitations for Selective Traffic Enforcement Program (STEP) proposals. Information regarding STEP proposals for FY 2021 can be found at: https://www.txdot.gov/apps/egrants/eGrantsHelp/RFP.html and FY 2021 STEP proposals will be submitted under a separate process.

General Proposals for highway safety funding are due to the TRF-BTS no later than 5:00 p.m. CST, January 09, 2020.

All questions regarding the development of proposals must be submitted by sending an email to: TRF_RFP@txdot.gov by 12:00 p.m. (Noon) CST, on December 02, 2019. A list of the questions with answers (Q&A document) will be posted at: https://www.txdot.gov/apps/eGrants/eGrantsHelp/rfp.html by 5:00 p.m. CST, on December 06, 2019.

A webinar on general proposal submissions via the Traffic Safety eGrants system will be hosted by the TRF-BTS Austin headquarters staff. The webinar will be conducted on Wednesday, November 20, 2019, from 9:00 a.m. CST to 12:00 p.m. CST for General Traffic Safety Grant Proposals and from 1:00 p.m. to 4:00 p.m. CST for STEP Proposals. For access information please go to https://www.txdot.gov/apps/eGrants/eGrantsHelp/rfp.html.

The Program Needs Section of the RFP includes Performance Measures tables which outline the targets, strategies, and performance measures for each of the Traffic Safety Program Areas. TRF-BTS is seeking proposals in all program areas, but is particularly interested in proposals which address the specific program needs listed in the High Priority Program Needs subsection of the Program Needs Section of the RFP.

The proposals must be completed using eGrants, which can be found by going to www.txdot.gov/apps/egrants.

TRD-201903964

Becky Blewett

Deputy General Counsel

Texas Department of Transportation

Filed: October 25, 2019