Attorney General G

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Office of the Attorney General Texas Health and Safety Code and Texas Water Code Settlement Notice The State of Texas gives notice of the following proposed resolution of an environmental enforcement action under the Texas Water Code and the Texas Health and Safety Code. Before the State may enter into a voluntary settlement agreement, pursuant to section 7.110 of the Texas Water Code, the State shall permit the public to comment in writing. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreement if the com-ments disclose facts or considerations indicating that consent is inap-propriate, improper, inadequate, or inconsistent with the requirements of the law.

Case Title and Court: State of Texas and City of Corpus Christi v. Valero Marketing and Supply Company and Ergon Asphalt and Emul-sions, Inc.; currently unfiled, Travis County, Texas.

Background: Defendants, Valero Marketing and Supply Company and Ergon Asphalt and Emulsions, Inc., independently own and operate facilities used in the processing of asphalt in Corpus Christi, Texas. In December 2016, investigators from the Texas Commission on En-vironmental Quality (TCEQ) received notice of the presence of un-known chemicals in the drinking water supply in the industrial area of the City of Corpus Christi (the City). The presence of these unknown chemicals were observed from November 23, 2016 through December 12, 2016. The City investigated the drinking water service connection at the Valero site and determined no backflow prevention device was present. Consequently, the City shut off the water supply at the meter that serves the Facilities. Additionally, during a February 2017 inves-tigation, TCEQ investigators identified numerous internal cross-con-nections in the drinking water supply system at the Ergon Facility. The State is entitled to file suit for violations of Texas Health and Safety Code section 341.033(f), which provides a public drinking water sup-ply may not be connected to a system unless the connection is designed to ensure against a backflow or siphonage of contaminated water into the drinking water supply.

Proposed Settlement: The parties propose an Agreed Final Judgment, which provides for an award to the State of $1,250,000 in civil penalties and $50,000 in attorney’s fees, as well as $1,300,000 in project funds to the City, set aside in a trust account, to be used by the City of Cor-pus Christi to fund and implement a backflow prevention compliance project.

For a complete description of the proposed settlement, the Agreed Fi-nal Judgment should be reviewed in its entirety. Requests for copies of the proposed judgment and settlement, and written comments on the same, should be directed to Kellie Billings-Ray, Assistant Attor-ney General, Office of the Texas Attorney General, P.O. Box 12548, MC-066, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911; email: [email protected]. Written com-ments must be received within thirty days of publication of this notice to be considered. TRD-202103221

Austin Kinghorn General Counsel Office of the Attorney General Filed: August 17, 2021

Brazos G Regional Water Planning Group Brazos G Pre-Planning Meeting Public Notice for the Sixth Cycle of Regional Water Planning

NOTICE OF PUBLIC MEETING

Notice is hereby given that the Brazos G Regional Water Planning Group (Brazos G) is seeking input from the public on the scope of planning activities to be considered during the Sixth Cycle of Regional Water Planning.

The Pre-Planning Public Meeting will be held at the Brazos River Authority (BRA) Central Office, 4600 Cobbs Drive, Waco, Texas, on Wednesday, September 29, 2021, at 10:00 a.m., prior to the upcoming regular Brazos G Planning Group Meeting. Written and oral comments (not to exceed five (5) minutes per speaker) regarding the scope of activities to be considered during the Sixth Cycle of Regional Water Planning will be accepted at this meeting. Written comments will be accepted for 30 days preceding the Public Meeting. Comments may be submitted by email to [email protected] or by mail to:

Brazos G Regional Water Planning Group

Attn: Pamela Hannemann

P.O. Box 7555

4600 Cobbs Drive

Waco, Texas 76714

The Brazos G planning area includes the following counties: Bell, Bosque, Brazos, Burleson, Callahan, Comanche, Coryell, Eastland, Erath, Falls, Fisher, Grimes, Hamilton, Haskell, Hill, Hood, Johnson, Jones, Kent, Knox, Lampasas, Lee, Limestone, McLennan, Milam, Nolan, Palo Pinto, Robertson, Shackleford, Somervell, Stephens, Stonewall, Taylor, Throckmorton, Washington, Williamson, and Young.

For additional information, please contact the Brazos G Admin-istrator Pamela Hannemann directly at (254) 761-3135 or email [email protected] or submit questions to the address listed above. The meeting notice is also posted on the Brazos G website at www.brazosgwater.org. TRD-202103234 Wayne Wilson Chairman Brazos G Regional Water Planning Group Filed: August 18, 2021

Comptroller of Public Accounts

IN ADDITION August 27, 2021 46 TexReg 5447

www.brazosgwater.org

mailto:[email protected]



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Certification of the Average Closing Price of Gas and Oil -July 2021

The Comptroller of Public Accounts, administering agency for the col-lection of the Oil Production Tax, has determined, as required by Tax Code, §202.058, that the average taxable price of oil for reporting pe-riod July 2021 is $46.96 per barrel for the three-month period beginning on April 1, 2021, and ending June 30, 2021. Therefore, pursuant to Tax Code, §202.058, oil produced during the month of July 2021, from a qualified low-producing oil lease, is not eligible for credit on the oil production tax imposed by Tax Code, Chapter 202.

The Comptroller of Public Accounts, administering agency for the col-lection of the Natural Gas Production Tax, has determined, as required by Tax Code, §201.059, that the average taxable price of gas for re-porting period July 2021 is $2.55 per mcf for the three-month period beginning on April 1, 2021, and ending June 30, 2021. Therefore, pur-suant to Tax Code, §201.059, gas produced during the month of July 2021, from a qualified low-producing well, is eligible for a 50% credit on the natural gas production tax imposed by Tax Code, Chapter 201.

The Comptroller of Public Accounts, administering agency for the col-lection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of West Texas Intermedi-ate crude oil for the month of July 2021 is $72.43 per barrel. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall not exclude total revenue received from oil produced during the month of July 2021, from a qualified low-producing oil well.

The Comptroller of Public Accounts, administering agency for the col-lection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of gas for the month of July 2021 is $3.82 per MMBtu. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall exclude total revenue received from gas produced during the month of July 2021, from a qualified low-pro-ducing gas well.

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

Issued in Austin, Texas, on August 18, 2021. TRD-202103246 William Hamner Special Counsel for Tax Administration Comptroller of Public Accounts Filed: August 18, 2021

Office of Consumer Credit Commissioner Notice of Rate Ceilings The Consumer Credit Commissioner of Texas has ascertained the fol-lowing rate ceilings by use of the formulas and methods described in §§303.003, 303.009 and 304.003, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/23/21 - 08/29/21 is 18% for Con-sumer1/Agricultural/Commercial2 credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/23/21 - 08/29/21 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 09/01/21 - 09/30/21 is 5.00% for Consumer/Agricultural/Commercial credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 09/01/21 - 09/30/21 is 5.00% for commercial over $250,000.

1 Credit for personal, family or household use. 2 Credit for business, commercial, investment or other similar purpose. TRD-202103222 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: August 17, 2021

♦ ♦ ♦ Credit Union Department Application for a Merger or Consolidation

Notice is given that the following application has been filed with the Credit Union Department (Department) and is under consideration.

An application was received from All Saints Catholic Federal Credit Union (Fort Worth) seeking approval to merge with Fort Worth City Credit Union (Fort Worth), with the latter being the surviving credit union. In accordance with the Finance Code §122.005(b) and 7 TAC §91.104(b), the Commissioner has the authority to waive or delay pub-lic notice of an action.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all infor-mation that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Credit Union Depart-ment, 914 East Anderson Lane, Austin, Texas 78752-1699. TRD-202103233 John J. Kolhoff Commissioner Credit Union Department Filed: August 18, 2021

Applications to Expand Field of Membership

Notice is given that the following applications have been filed with the Credit Union Department (Department) and is under consideration.

An application was received from FivePoint Credit Union, Nederland, Texas, to expand its field of membership. The proposal would per-mit persons who live, work, worship, or attend school in Chambers, Galveston, Grimes, Harris, Liberty, Polk, San Jacinto, Tyler, Walker and Waller Counties, Texas, to be eligible for membership in the credit union.

An application was received from Credit Union of Texas, Dallas, Texas, to expand its field of membership. The proposal would permit persons who work, live, worship, or attend school within the geo-graphic boundaries of Gregg, Camp, Smith, Upshur, Wood, Morris, Harrison, and Marion Counties, Texas, to be eligible for membership in the credit union.

An application was received from My Credit Union, Haslet, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school in and business and other legal entities located in Denton, Wise, Johnson, and Smith Counties, Texas, to be eligible for membership in the credit union.

An application was received from First Central Credit Union, Waco, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship, or attend school within the bound-

46 TexReg 5448 August 27, 2021 Texas Register

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aries of Navarro County, Texas, to be eligible for membership in the credit union.

An application was received from Brazos Valley Schools Credit Union, Katy, Texas, to expand its field of membership. The proposal would permit persons who live, worship, work, or attend school within the boundaries of all public schools within Burleson, Colorado, Fayette, and Lee Counties, Texas, to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.cud.texas.gov/page/bylaw-char-ter-applications. Any written comments must provide all information that the interested party wishes the Department to consider in evaluat-ing the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699. TRD-202103231 John J. Kolhoff Commissioner Credit Union Department Filed: August 18, 2021

Notice of Final Action Taken

In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following applications:

Applications to Expand Field of Membership - Approved

Brazos Star Credit Union, College Station, Texas - See Texas Register dated June 25, 2021.

Merger or Consolidation - Approved

Plus4 Credit Union (Houston) and Houston Metropolitan Federal Credit Union (Houston) - See Texas Register issue dated June 25, 2021. TRD-202103228 John J. Kolhoff Commissioner Credit Union Department Filed: August 18, 2021

Texas Commission on Environmental Quality Agreed Orders The Texas Commission on Environmental Quality (TCEQ or commis-sion) 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 op-portunity 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 September 28, 2021. 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 con-sent is inappropriate, improper, inadequate, or inconsistent with the re-quirements of the statutes and rules within the commission's jurisdic-tion 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, Build-ing C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the ap-plicable 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 Septem-ber 28, 2021. Written comments may also be sent by facsimile ma-chine to the enforcement coordinator at (512) 239-2550. The commis-sion'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: Baytown Energy Center, LLC; DOCKET NUMBER: 2021-0354-AIR-E; IDENTIFIER: RN100226067; LOCATION: Bay-town, Chambers County; TYPE OF FACILITY: energy generation plant; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(c), and 122.143(4), New Source Review Permit Numbers 41996, PSDTX953, and N020, Special Conditions Number 20.A, Federal Operating Permit Number O2133, General Terms and Conditions and Special Terms and Conditions Number 7, and Texas Health and Safety Code, §382.085(b), by failing to test or calculate the ammonia concentra-tion in each exhaust stack; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: City of Marlin; DOCKET NUMBER: 2021-0201-PWS-E; IDENTIFIER: RN102886892; LOCATION: Marlin, Falls County; TYPE OF FACILITY: public water supply; RULES VIO-LATED: 30 TAC §290.39(j)(2) and Texas Health and Safety Code, §341.0351, by failing to notify the executive director in writing of the addition of treatment chemicals, including long-term treatment changes, that will impact the corrosivity of the water; and 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appear-ance of the system's facilities and equipment; PENALTY: $6,750; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3421; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(3) COMPANY: D. Jubilee LLC dba The Cow Store; DOCKET NUM-BER: 2021-0385-PST-E; IDENTIFIER: RN101739944; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (d)(9)(A)(iii) 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, and failing to ensure that a statistical inventory reconciliation (SIR) analysis report is received from the vendor in no more than 15 calendar days following the last day of the 30-day period for which the SIR analysis is performed; PENALTY: $2,438; ENFORCEMENT CO-ORDINATOR: John Fennell, (512) 239-2616; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(4) COMPANY: Earnest Hill, Jr.; DOCKET NUMBER: 2021-0377-PST-E; IDENTIFIER: RN101786192; LOCATION: Texarkana,


http://www.cud.texas.gov/page/bylaw-char

Bowie County; TYPE OF FACILITY: out-of-service facility; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, an underground storage tank system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Karolyn Kent, (512) 239-2536; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(5) COMPANY: Enterprise Crude Pipeline LLC; DOCKET NUM-BER: 2019-1361-AIR-E; IDENTIFIER: RN101921781; LOCATION: Galena Park, Harris County; TYPE OF FACILITY: crude oil storage facility; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), New Source Review Permit Number 80287, Special Conditions Number 1, Federal Operating Permit Number O3314, General Terms and Conditions and Special Terms and Conditions Number 7, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $2,400; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $1,200; EN-FORCEMENT COORDINATOR: Margarita Dennis, (817) 588-5892; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(6) COMPANY: HAC, Incorporated dba Homeland; DOCKET NUM-BER: 2021-0388-PST-E; IDENTIFIER: RN102245859; LOCATION: Justin, Denton County; TYPE OF FACILITY: grocery store with re-tail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground stor-age tanks for releases at a frequency of at least once every 30 days; PENALTY: $2,438; ENFORCEMENT COORDINATOR: Stephanie McCurley, (512) 239-2607; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Heid Construction, LLC; DOCKET NUMBER: 2021-0363-WQ-E; IDENTIFIER: RN111165353; LOCATION: Wil-low Park, Parker County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit (stormwater); PENALTY: $875; ENFORCEMENT COORDINATOR: Ellen Ojeda, (512) 239-2581; REGIONAL OF-FICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: HHA BUSINESS, LLC dba Corner Stop 13; DOCKET NUMBER: 2021-0389-PST-E; IDENTIFIER: RN101748127; LOCATION: Beaumont, Jefferson 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 for releases at a frequency of at least once every 30 days; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Stephanie McCurley, (512) 239-2607; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(9) COMPANY: Horizon Regional Municipal Utility District; DOCKET NUMBER: 2020-0184-IWD-E; IDENTIFIER: RN102336955; LOCATION: Horizon City, El Paso County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.65, by failing to maintain authorization to operate a reverse osmosis water treatment plant and disposal site; 30 TAC §305.125(1) and TCEQ Permit Number WQ0004191000, Section IV., Conditions of the Permit, Volume, by failing to comply with the conditions of the permit; 30 TAC §305.125(1) and §319.7(c), and TCEQ Permit Number WQ0004191000, Section VI., Standard Permit Conditions, Monitoring Requirements Number 3.b, by failing to maintain monitoring and reporting records at the facility and make them readily available for review by a TCEQ representative for a

period of three years; and 30 TAC §305.125(1), TWC, §26.121(a)(1), and TCEQ Permit Number WQ0004191000, Section VI., Standard Permit Conditions, Permit Conditions Number 2.g and Section V., Special Provisions, Number B.8, by failing to maintain a minimum of 24 inches of freeboard for any open pond resulting in the unauthorized discharge of wastewater into or adjacent to any water in the state; PENALTY: $8,975; ENFORCEMENT COORDINATOR: Stephanie Frederick, (512) 239-1001; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(10) COMPANY: HUZ Enterprises Inc dba Multi Mart 8; DOCKET NUMBER: 2021-0392-PST-E; IDENTIFIER: RN101790665; LO-CATION: Tyler, Smith 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 for releases at a frequency of at least once every 30 days; PENALTY: $3,375; ENFORCEMENT COORDINA-TOR: Tyler Richardson, (512) 756-3994; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(11) COMPANY: Inline Utilities, LLC; DOCKET NUMBER: 2021-0332-PWS-E; IDENTIFIER: RN102975737; LOCATION: Tomball, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(n)(1), by failing to maintain at the public water system accurate and up-to-date detailed as-built plans or record drawings and specifications for each treatment plant, pump station, and storage tank until the facility is decommissioned; 30 TAC §290.46(n)(3), by failing to keep on file copies of the well completion data as defined in 30 TAC §290.41(c)(3)(A) for as long as the well remains in service; 30 TAC §290.51(a)(6) and TWC, §5.702, by failing to pay Public Health Service fees and/or any associated late fees for TCEQ Financial Administration Account Number 91013271 for Fiscal Year 2021; and 30 TAC §291.76 and TWC, §5.702, by failing to pay regulatory assessment fees for the TCEQ Public Utility Account regarding Certificate of Convenience and Necessity Number 12946 for calendar year 2020; PENALTY: $100; ENFORCEMENT COORDINATOR: Amanda Conner, (512) 239-2521; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(12) COMPANY: Kinder Morgan Texas Pipeline LLC; DOCKET NUMBER: 2021-0235-AIR-E; IDENTIFIER: RN104194360; LO-CATION: Goodrich, Polk County; TYPE OF FACILITY: pipeline; RULES VIOLATED: 30 TAC §101.5 and Texas Health and Safety Code, §382.085(a) and (b), by failing to not cause, suffer, allow, or permit the emission of any air contaminant or the performance of any activity that causes or contributes to, or that will cause or contribute to, air pollution and discharged from any source whatsoever such quantities of air contaminants, uncombined water, or other materials which cause or have a tendency to cause a traffic hazard or an inter-ference with normal road use; PENALTY: $6,750; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(13) COMPANY: MACIVE LLC dba Winfield Travel Cen-ter; DOCKET NUMBER: 2020-1578-PST-E; IDENTIFIER: RN105139638; LOCATION: Winfield, Titus 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 for releases in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $3,375; ENFORCEMENT COORDINATOR: John Fennell, (512) 756-3995; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.


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(14) COMPANY: Miller Family Services, Incorporated; DOCKET NUMBER: 2021-0367-AIR-E; IDENTIFIER: RN105511190; LOCA-TION: Lubbock, Lubbock County; TYPE OF FACILITY: crematory; RULES VIOLATED: 30 TAC §101.201(e) and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit an initial noti-fication no later than 24 hours after the discovery of an excess opacity event; and 30 TAC §106.494(b)(2)(C), Permit by Rule Registration Number 84898, and THSC, §382.085(b), by failing to prevent an excess opacity event, and failing to prevent the opacity of emissions from the incinerator from exceeding 5.0 % averaged over a six-minute period; PENALTY: $8,752; ENFORCEMENT COORDINATOR: Margarita Dennis, (817) 588-5892; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(15) COMPANY: RBRK INC dba Race Runner 1; DOCKET NUM-BER: 2021-0382-PST-E; IDENTIFIER: RN101811867; LOCATION: Tyler, Smith County; TYPE OF FACILITY: convenience store with re-tail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(4)(C) and TWC, §26.3475(d), by failing to inspect and test the corrosion pro-tection system for operability and adequacy of protection at a frequency of at least once every three years; and 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the un-derground storage tanks (USTs) in a manner which will detect a re-lease at a frequency of at least once every 30 days, and failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $6,750; ENFORCEMENT COORDINA-TOR: Berenice Munoz, (915) 834-4976; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(16) COMPANY: Sasol Chemicals (USA) LLC; DOCKET NUMBER: 2021-0123-AIR-E; IDENTIFIER: RN100214576; LOCATION: Hous-ton, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §116.115(b) and (c)(2)(F), and §122.143(4), New Source Review Permit Number 20686, Special Con-ditions Number 10.D, Federal Operating Permit Number O1254, Gen-eral Terms and Conditions and Special Terms and Conditions Num-bers 1.A and 13, and Texas Health and Safety Code, §382.085(b), by failing to comply with the maximum vent gas flow rate; PENALTY: $5,925; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(17) COMPANY: Starr County; DOCKET NUMBER: 2019-0587-AIR-E; IDENTIFIER: RN105864557; LOCATION: Rio Grande City, Starr County; TYPE OF FACILITY: air curtain incinerator; RULES VIOLATED: 30 TAC §101.20(1) and §122.143(4), 40 Code of Federal Regulations §60.8, Federal Operating Permit (FOP) Num-ber O3351/ General Operating Permit (GOP) Number 518, Terms and Conditions (TC) Number (b)(15)(B)(iii), and Texas Health and Safety Code (THSC), §382.085(b), by failing to conduct an annual performance test no more than 12 calendar months following the date of the previous test; 30 TAC §106.496(a) and §122.143(4), Permit by Rule (PBR) Registration Number 91967L002, FOP Number O3351/GOP Number 518, Qualification Criteria Number (a)(5) and TC Number (b)(8)(B)(vi), and THSC, §382.085(b), by failing to use the air curtain incinerator (ACI) to only burn trees, clean lumber, and brush from land-clearing; 30 TAC §106.496(f)(2) and §122.143(4), PBR Registration Number 91967L002, FOP Number O3351/GOP Number 518, TC Numbers (b)(8)(B)(vi) and (b)(8)(D), and THSC, §382.085(b), by failing to maintain records for the disposal of ash generated from the ACI; 30 TAC §122.143(4) and §122.144(1), FOP Number O3351/GOP Number 518, TC Number (b)(9)(A)(iii)(I), and THSC, §382.085(b), by failing to conduct quarterly visible emissions observations; 30 TAC §122.143(4) and §122.145(2)(C), FOP Number O3351/GOP Number 518, TC Number (b)(3)(C)(ii)(III), and THSC, §382.085(b), by failing to submit a deviation report no later than 30

days after the end of each reporting period; and 30 TAC §122.143(4) and §122.146(1) and (2), FOP Number O3351/GOP Number 518, TC Numbers (b)(3)(D)(i) and (ii), and THSC, §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 no later than 30 days after the end of the certification period; PENALTY: $14,250; ENFORCEMENT COORDINATOR: Amanda Diaz, (713) 422-8912; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(18) COMPANY: Texas National Municipal Utility District; DOCKET NUMBER: 2021-0140-PWS-E; IDENTIFIER: RN102683380; LO-CATION: Willis, Montgomery County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(f)(2),(3)(A)(vi), and (B)(v), by failing to maintain water works operation and main-tenance records and make them readily available for review by the executive director (ED) upon request; 30 TAC §290.46(j)(1)(A) and (B), by failing to have all customer service inspections conducted by an individual that is a Plumber Inspector or Water Supply Protection Specialist licensed by the State Board of Plumbing Examiners or by a Customer Service Inspector (CSI) who has completed a commission approved course, passed an examination administered by the ED, and holds current a professional certificate or endorsement as a CSI; 30 TAC §290.46(n)(2), by failing to make available an accurate and up-to-date map of the distribution system so that valves and mains can be easily located during emergencies; and 30 TAC §290.110(c)(4)(B), by failing to monitor the disinfectant residual at representative lo-cations in the distribution system at least once per day; PENALTY: $1,300; ENFORCEMENT COORDINATOR: Ronica Rodriguez, (361) 825-3425; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(19) COMPANY: TexPac Hide & Skin Ltd.; DOCKET NUMBER: 2021-0147-AIR-E; IDENTIFIER: RN100734987; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: leather tanning and fin-ishing site; RULES VIOLATED: 30 TAC §101.4 and Texas Health and Safety Code, §382.085(a) and (b), by failing to prevent nuisance conditions; PENALTY: $6,750; ENFORCEMENT COORDINATOR: Mackenzie Mehlmann, (512) 239-2572; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: Vidor ISD; DOCKET NUMBER: 2021-0386-PST-E; IDENTIFIER: RN101739316; LOCATION: Vidor, Orange County; TYPE OF FACILITY: fleet refueling facility; RULES VIO-LATED: 30 TAC §334.49(c)(4)(C) and TWC, §26.3475(d), by failing to inspect and test the corrosion protection system for operability and adequacy of protection at a frequency of at least once every three years; and 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $6,375; ENFORCEMENT COORDINATOR: Hailey Johnson, (512) 239-1756; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838. TRD-202103215 Charmaine Backens Deputy Director, Litigation Texas Commission on Environmental Quality Filed: August 17, 2021

Notice of Application and Opportunity to Request a Public Meeting for a New Municipal Solid Waste Facility: Registration Application No. 43037


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Application. Comal Ag Operations, LLC. has applied to the Texas Commission on Environmental Quality (TCEQ) for proposed Regis-tration No. 43037, to construct and operate a Type V municipal solid waste Processing Facility. The proposed facility, Comal Ag Opera-tions, will be located 1081 Youngsford Road, New Braunfels, Texas 78130 in Guadalupe County. The Applicant is requesting authorization to process municipal solid waste that includes septage. The registration application is available for viewing and copying at the Marion Commu-nity Library, 201 S. Center St., Marion, Texas 78124, Telephone Num-ber: (830) 914-2371, and may be viewed online at https://www.plum-merdashboards.com/permits.

The following link to an electronic map of the site or facility’s general location is provided as a public courtesy and is not part of the appli-cation or notice: https://arcg.is/10bObK. For exact location, refer to application.

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

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

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

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

Agency Contacts and Information. All public comments and requests must be submitted either electronically at www14.tceq.texas.gov/epic/eComment/ or in writing to the Texas

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

Further information may also be obtained from Mr. Brandt Klutts at the address stated above or by calling, Ms. Ashley Lewis at (512) 687-2154

TRD-202103203 Laurie Gharis Chief Clerk Texas Commission on Environmental Quality Filed: August 16, 2021

Notice of Costs to Administer the Voluntary Cleanup Program and the Innocent Owner/Operator Program

In accordance with Texas Health and Safety Code, §361.613 (pertain-ing to the Voluntary Cleanup Program (VCP)) and 30 Texas Adminis-trative Code §333.43 (pertaining to the Innocent Owner/Operator Pro-gram (IOP)), the executive director of the Texas Commission on En-vironmental Quality (TCEQ or commission) annually shall calculate the commission's costs to administer the VCP and the IOP, and shall publish in the Texas Register the rates established for the purpose of identifying the costs recoverable by the commission. The TCEQ has calculated and is publishing the bill rate for both the VCP and the IOP as $115 per hour for the commission's Fiscal Year 2022.

The VCP and the IOP are implemented by the same TCEQ staff. There-fore, a single hourly bill rate for both programs is appropriate. The hourly bill rate is determined based upon current projections for staff salaries for the Fiscal Year 2022, including the fringe benefit rate and the indirect cost rate, minus anticipated federal funding that the com-mission will receive, and then divided by the estimated number of staff hours necessary to complete the program tasks. Fringe benefits include retirement, social security, and insurance expenses and are calculated at a set rate for the entire agency. The current fringe benefit rate is 38.84% of the budgeted salaries. Indirect costs include allowable overhead ex-penses and also are calculated at a set rate for the entire agency. The current indirect cost rate is 34.48% of the budgeted salary. The hourly bill rate was calculated and then rounded to the nearest whole dollar amount. The commission will use an hourly bill rate of $115 for both the VCP and the IOP for the Fiscal Year 2022. After an applicant's ini-tial $1,000 application fee has been depleted for the VCP or the IOP review and oversight costs, invoices will be sent monthly to the appli-cant, or designee, for payment.

The commission anticipates receiving federal funding during Fiscal Year 2022 for the continued development and enhancement of the VCP and the IOP. If the federal funding anticipated for Fiscal Year 2022 does not become available, the commission may calculate and publish a new hourly bill rate. Federal funding of the VCP and the IOP should occur prior to October 1, 2021.

For more information, please contact Ms. Merrie Smith, P.G., VCP-CA Section, Remediation Division, Texas Commission on Environmental Quality, MC 221, 12100 Park 35 Circle, Austin, Texas 78753, or call (512) 239-5051, or email [email protected].


www14.tceq.texas.gov/epic/eComment/


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TRD-202103214 Charmaine Backens Deputy Director, Litigation Texas Commission on Environmental Quality Filed: August 17, 2021

Notice of Public Hearing on Assessment of Administrative Penalties and Requiring Certain Actions of Aly Hussein Ezzedine: SOAH Docket No. 582-21-3119; TCEQ Docket No. 2020-0242-PST-E

The Texas Commission on Environmental Quality (TCEQ or the Com-mission) has referred this matter to the State Office of Administrative Hearings (SOAH). An Administrative Law Judge with the State Office of Administrative Hearings will conduct a public hearing at:

10:00 a.m. - September 16, 2021

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Direc-tor's Preliminary Report and Petition mailed May 12, 2021 concern-ing assessing administrative penalties against and requiring certain ac-tions of Aly Hussein Ezzedine, for violations in Nolan County, Texas, of: Texas Water Code §26.3475(d) and 30 Texas Administrative Code §§334.7(d)(1)(A), (d)(1)(B), and (d)(3); 334.49(a); and 334.54(b)(2) and (b)(3).

The hearing will allow Aly Hussein Ezzedine, the Executive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford Aly Hussein Ezzedine, the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the prelimi-nary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of Aly Hussein Ezzedine to ap-pear at the preliminary hearing or evidentiary hearing, the factualallegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may be granted by default.The specific allegations included in the notice are those set forth inthe Executive Director's Preliminary Report and Petition, attachedhereto and incorporated herein for all purposes. Aly Hussein Ezze-dine, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceed-ing.

Legal Authority: Texas Water Code §7.054, Texas Water Code chs. 7 and 26, and 30 Texas Administrative Code chs. 70 and 334; Texas Wa-ter Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hear-ings, including 30 Texas Administrative Code §70.108 and §70.109 and ch. 80, and 1 Texas Administrative Code ch. 155.

Further information regarding this hearing may be obtained by con-tacting Christopher Mullins, Staff Attorney, Texas Commission on En-vironmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Infor-mation concerning your participation in this hearing may be obtained by contacting Vic McWherter, Public Interest Counsel, Mail Code 103,

at the same P.O. Box address given above, or by telephone at (512) 239-6363.

Any document filed prior to the hearing must be filed with TCEQ's Office of the Chief Clerk and SOAH. Documents filed with the Office of the Chief Clerk may be filed electronically at www.tceq.texas.gov/goto/efilings or sent to the following address:TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087. Documents filed with SOAH may be filed via fax at (512) 322-2061 or sent to the following address: SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When contacting the Commission or SOAH regarding this matter,reference the SOAH docket number given at the top of this notice.

In accordance with 1 Texas Administrative Code §155.401(a), No-tice of Hearing, "Parties that are not represented by an attorneymay obtain information regarding contested case hearings on the public website of the State Office of Administrative Hearings at www.soah.texas.gov, or in printed format upon request to SOAH."

Persons who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-3445, at least one week before the hearing.

Issued: August 17, 2021


Notice of Public Hearing on Assessment of Administrative Penalties and Requiring Certain Actions of QAAF INC dba The King mart: SOAH Docket No. 582-21-3121; TCEQ Docket No. 2020-0437-PST-E


10:00 a.m. - September 16, 2021



Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Direc-tor's Preliminary Report and Petition mailed September 10, 2020, con-cerning assessing administrative penalties against and requiring cer-tain actions of QAAF INC dba The King mart, for violations in Bexar County, Texas, of: Texas Water Code §26.3475(c)(1), 30 Texas Ad-ministrative Code §334.50(b)(1)(A), and TCEQ Agreed Order Docket No. 2018-0675-PST-E, Ordering Provision No. 2.a.

The hearing will allow QAAF INC dba The King mart, the Executive Director, and the Commission's Public Interest Counsel to present ev-idence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford QAAF INC dba The King mart, the Executive Director of the Commission, and the Commission's Public Interest Counsel an oppor-tunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on


www.soah.texas.gov

www.tceq.texas.gov/goto/efilings

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the date of this preliminary hearing. Upon failure of QAAF INC dba The King mart to appear at the preliminary hearing or eviden-tiary hearing, the factual allegations in the notice will be deemedadmitted as true, and the relief sought in the notice of hearing maybe granted by default. The specific allegations included in the no-tice are those set forth in the Executive Director's Preliminary Re-port and Petition, attached hereto and incorporated herein for all purposes. QAAF INC dba The King mart, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Tex. Water Code §7.054, Texas Water Code chs. 7 and 26, and 30 Texas Administrative Code chs. 70 and 334; Texas Wa-ter Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hear-ings, including 30 Texas Administrative Code §70.108 and §70.109 and ch. 80, and 1 Texas Administrative Code ch. 155.

Further information regarding this hearing may be obtained by con-tacting Christopher Mullins, Staff Attorney, Texas Commission on En-vironmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Infor-mation concerning your participation in this hearing may be obtained by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.






Notice of Public Hearing on Assessment of Administrative Penalties and Requiring Certain Actions of Sam Snyder dba Second Crossing Campground: SOAH Docket No. 582-21-3118; TCEQ Docket No. 2020-0988-PWS-E


10:00 a.m. - September 16, 2021



Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's First Amended Report and Petition mailed June 17, 2021 concerning assessing administrative penalties against and requiring certain actions of Sam Snyder dba Second Crossing Campground, for violations in Co-mal County, Texas, of: 30 Texas Administrative Code §§290.42(c)(1), 290.106(e), 290.110(e)(2) and (e)(6), and 290.111(a)(2) and (h).

The hearing will allow Sam Snyder dba Second Crossing Campground, the Executive Director, and the Commission's Public Interest Coun-sel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford Sam Snyder dba Second Crossing Camp-ground, the Executive Director of the Commission, and the Commis-sion's Public Interest Counsel an opportunity to negotiate and to estab-lish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hear-ing, an evidentiary hearing will not be held on the date of this prelim-inary hearing. Upon failure of Sam Snyder dba Second CrossingCampground to appear at the preliminary hearing or evidentiaryhearing, the factual allegations in the notice will be deemed admit-ted as true, and the relief sought in the notice of hearing may be granted by default. The specific allegations included in the notice are those set forth in the Executive Director's First Amended Re-port and Petition, attached hereto and incorporated herein for all purposes. Sam Snyder dba Second Crossing Campground, the Execu-tive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Texas Health & Safety Code ch. 341 and 30 Texas Administrative Code chs. 70 and 290; Texas Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Texas Administrative Code §70.108 and §70.109 and ch. 80, and 1 Texas Administrative Code ch. 155.

Further information regarding this hearing may be obtained by contact-ing Judy Bohr, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information concern-ing your participation in this hearing may be obtained by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.




www.soah.texas.gov


www.soah.texas.gov


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Notice of Water Rights Application

Notice Issued August 17, 2021

Application No. 13098; San Antonio Water System, 2800 U.S. High-way 281, San Antonio, Texas 78212, Applicant, seeks a water use permit to authorize the use of the bed and banks of multiple tribu-taries of the San Antonio River and the San Antonio River, San An-tonio River Basin and the Guadalupe River, Guadalupe River Basin to convey 260,991 acre-feet of groundwater-based return flows per year for subsequent diversion and use for municipal, agricultural, indus-trial, mining, and instream purposes of use in Bexar, Calhoun, Go-liad, Karnes, Refugio, Victoria and Wilson counties. More informa-tion on the application and how to participate in the permitting process is given below. The application and partial fees were received on De-cember 30, 2013. Additional information and fees were received on July 8 and August 8, 2014, February 29 and March 29, 2016. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on May 9, 2016. Additional information was received on March 17 and March 24, 2021. The Ex-ecutive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would in-clude special conditions, including, but not limited to, maintaining an accounting plan and maintaining a measuring device. The application, technical memoranda, and Executive Director’s draft permit are avail-able for viewing on the TCEQ web page at: www.tceq.texas.gov/per-mitting/water_rights/wr-permitting/wr-apps-pub-notice.

Alternatively, you may request a copy of the documents by contacting the TCEQ Office of the Chief Clerk by phone at (512) 239-3300 or by mail at TCEQ OCC, Notice Team (MC-105), P.O. Box 13087, Austin, Texas 78711.

Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below, by September 20, 2021. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TCEQ may grant a contested case hearing on this application if a written hearing request is filed by September 20, 2021. The Executive Director may approve the application unless a written request for a contested case hearing is filed by September 20, 2021.

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

Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

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

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at https://www14.tceq.texas.gov/epic/eComment/ by entering WRPERM 13098 in the search field. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address.

For additional information, individual members of the general public may contact the Public Education Program at (800) 687-4040. Gen-eral information regarding the TCEQ can be found at our website at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040 o por el internet al http://www.tceq.texas.gov. TRD-202103224 Laurie Gharis Chief Clerk Texas Commission on Environmental Quality Filed: August 17, 2021

Texas Facilities Commission Request for Proposals (RFP) #303-2-20719

The Texas Facilities Commission (TFC), on behalf of the Department of Public Safety (DPS), announces the issuance of Request for Propos-als (RFP) 303-2-20719. TFC seeks a ten (10) year lease of approxi-mately 20,574 square feet of office space and 195 square feet of out-door lounge area in Spring, Harris County, Texas.

The deadline for questions is September 8, 2021, and the deadline for proposals is September 22, 2021 at 3:00 p.m. The award date is October 15, 2021. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting Jenny Ruiz at [email protected]. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://www.txsmartbuy.com/esbddetails/view/303-2-20719. TRD-202103220 Rico Gamino Director of Procurement Texas Facilities Commission Filed: August 17, 2021

Texas Health and Human Services Commission Public Notice - Texas State Plan for Medical Assistance Amendment effective February 1, 2022

The Texas Health and Human Services Commission (HHSC) an-nounces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective February 1, 2022.


http://www.txsmartbuy.com/esbddetails/view/303-2-20719


http://www.tceq.texas.gov

www.tceq.texas.gov

https://www14.tceq.texas.gov/epic/eComment

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The purpose of this amendment (transmittal number 21-0002) is to im-plement Texas General Appropriations Act Rider 28, Article II, Senate Bill 1 for the 2022-23 Biennium, which appropriated funds for applied behavioral analysis (ABA) services for autism. This amendment clar-ifies the coverage of certain early and periodic screening, diagnostic, and treatment (EPSDT) services for children and youth with a diag-nosis of autism spectrum disorder (ASD); HHSC is also identifying the provider types eligible to deliver the services. Additionally, this amendment will update the reimbursement methodology and/or the fee schedules in the current state plan by adjusting fees, rates, or charges for these services.

ABA services will be covered as an EPSDT service to the extent re-quired by 42 U.S.C. 1396a(a)(43). ABA services for Medicaid-en-rolled children/youth with a diagnosis of ASD will include: behav-ior identification assessment; individual and group treatment by proto-col; individual and group treatment with protocol modification; family treatment guidance; and the related service of treatment team confer-ences.

Providing ABA services will allow HHSC to expand the array of ser-vices available for the treatment of individuals with a diagnosis of ASD. ABA services will be provided using an interdisciplinary model of care, which will include participation of the individual and their par-ent/caregiver and will ensure the coordination of care for the individual.

These services may be provided by Texas-licensed Licensed Behav-ior Analysts (LBAs), by Texas-licensed Licensed Assistant Behavior Analysts (LaBAs), and by authorized nationally-certified or registered behavior technicians (BTs). Only LBAs will enroll in Medicaid to pro-vide these services, and they will submit for reimbursement on behalf of the LaBAs and BTs they supervise.

The proposed amendment is estimated to result in an annual aggre-gate fee for service expenditure of $647,267 for federal fiscal year (FFY) 2022, consisting of $393,538 in federal funds and $253,728 in state general revenue. For FFY 2023, the estimated result is an an-nual aggregate fee for service expenditure of $2,426,946, consisting of $1,475,583 in federal funds and $951,363 in state general revenue. For FFY 2024, the estimated result is an annual aggregate fee for service expenditure of $4,734,691, consisting of $2,878,692 in federal funds and $1,855,999 in state general revenue.

Further detail on specific reimbursement rates and percentage changes is available on the HHSC Provider Finance website under the proposed effective date at: https://pfd.hhs.texas.gov/rate-packets.

Rate Hearing. A rate hearing was conducted online on March 16, 2021, at 9:00 a.m. Information about the proposed rate changes and the hearing were published in the February 19, 2021, issue of the Texas Register (46 TexReg 1300-1301). The notice of hearing can be found at http://www.sos.state.tx.us/texreg/index.shtml.

Copy of Proposed Amendment. Interested parties may obtain ad-ditional information and/or a free copy of the proposed amendment by contacting Holly Freed, State Plan Policy Advisor, by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, Texas 78711; by telephone at (512) 487-3349; by fac-simile at (512) 730-7472; or by e-mail at [email protected]. Copies of the proposed amendment will be available for review at the local county offices of HHSC, which were formerly the local offices of the Texas Department of Aging and Dis-ability Services.

Written Comments. Written comments about the proposed amend-ment and/or requests to review comments may be sent by U.S. mail, overnight mail, special delivery mail, hand delivery, fax, or email:

U.S. Mail

Texas Health and Human Services Commission

Attention: Provider Finance Department

Mail Code H-400

P.O. Box 149030

Austin, Texas 78714-9030

Overnight mail, special delivery mail, or hand delivery

Texas Health and Human Services Commission

Attention: Provider Finance Department

North Austin Complex

Mail Code H-400

4601 W. Guadalupe St.

Austin, Texas 78751

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

Fax

Attention: Provider Finance at (512) 730-7475

Email

[email protected]

Preferred Communication. During the current state of disaster due to COVID-19, physical forms of communication are checked with less frequency than during normal business operations. For quickest re-sponse, and to help curb the possible transmission of infection, please use e-mail or phone if possible for communication with HHSC related to this state plan amendment. TRD-202103166 Karen Ray Chief Counsel Texas Health and Human Services Commission Filed: August 12, 2021

Texas Lottery Commission Scratch Ticket Game Number 2366 "TEXAS EDITION BUCKS & TRUCKS" 1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2366 is "TEXAS EDITION BUCKS & TRUCKS". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. Tickets for Scratch Ticket Game No. 2366 shall be $5.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2366.

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: $5.00, $10.00, $20.00, $50.00, $100, $250, $500, $1,000, $100,000, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,




http://www.sos.state.tx.us/texreg/index.shtml

https://pfd.hhs.texas.gov/rate-packets

22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, CHEVROLET® SYMBOL and STEERING WHEEL SYMBOL.

D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears

under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:


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 consist-ing of the four (4) digit game number (2366), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 075 within each Pack. The format will be: 2366-0000001-001.

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

I. Non-Winning 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 - A Texas Lottery "TEXAS EDITION BUCKS & TRUCKS" Scratch Ticket Game No. 2366.

2.0 Determination of Prize Winners. The determination of prize win-ners 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 "TEXAS EDITION BUCKS & TRUCKS" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose forty-seven (47) Play Sym-bols. 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 the player reveals a "CHEVROLET®" Play Symbol, the player wins the prize for that symbol instantly. If the player reveals a "STEERING WHEEL" Play Symbol, the player wins DOUBLE the prize for that symbol. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly forty-seven (47) 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 under-neath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

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

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

5. The Scratch Ticket shall be intact;

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

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

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

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

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

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

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


13. The Scratch Ticket must be complete and not miscut, and have exactly forty-seven (47) 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 cor-respond 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, misregis-tered, defective or printed or produced in error;

16. Each of the forty-seven (47) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the forty-seven (47) 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 de-fective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

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

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

C. GENERAL: A Ticket can win up to twenty-one (21) times.

D. GENERAL: The "CHEVROLET®" (WIN$) and "STEERING WHEEL" (DBL) Play Symbols will never appear in the BONUS play area.

E. BONUS: A Ticket can win up to one (1) time in the BONUS play area.

F. BONUS: A non-winning BONUS play area will have two (2) differ-ent Prize Symbols.

G. MAIN PLAY AREA: A Ticket can win up to twenty (20) times in the main play area.

H. MAIN PLAY AREA: All non-winning YOUR NUMBERS Play Symbols will be different.

I. MAIN PLAY AREA: All YOUR NUMBERS Play Symbols will never equal the corresponding Prize Symbol (i.e., 5 and $5, 10 and $10, 20 and $20 and 50 and $50).

J. MAIN PLAY AREA: All WINNING NUMBERS Play Symbols will be different.

K. MAIN PLAY AREA: Tickets winning more than one (1) time will use as many WINNING NUMBERS Play Symbols as possible to cre-ate matches, unless restricted by other parameters, play action or prize structure.

L. MAIN PLAY AREA: 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.

M. MAIN PLAY AREA: On Non-Winning Tickets, a WINNING NUMBERS Play Symbol will never match a YOUR NUMBERS Play Symbol.

N. MAIN PLAY AREA: On winning and Non-Winning Tickets, the top cash prizes of $1,000 and $100,000 will each appear at least once, with respect to other parameters, play action or prize structure.

O. MAIN PLAY AREA: The "CHEVROLET®" (WIN$) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

P. MAIN PLAY AREA: The "CHEVROLET®" (WIN$) Play Symbol will never appear on a Non-Winning Ticket.

Q. MAIN PLAY AREA: The "CHEVROLET®" (WIN$) Play Symbol will win the prize for that Play Symbol.

R. MAIN PLAY AREA: The "CHEVROLET®" (WIN$) Play Symbol will never appear more than one (1) time on a Ticket.

S. MAIN PLAY AREA: The "STEERING WHEEL" (DBL) Play Sym-bol will never appear as a WINNING NUMBERS Play Symbol.

T. MAIN PLAY AREA: The "STEERING WHEEL" (DBL) Play Sym-bol will never appear on a Non-Winning Ticket.

U. MAIN PLAY AREA: The "STEERING WHEEL" (DBL) Play Sym-bol will win DOUBLE the prize for that Play Symbol and will win as per the prize structure.

V. MAIN PLAY AREA: The "STEERING WHEEL" (DBL) Play Sym-bol will never appear more than one (1) time on a Ticket.

W. MAIN PLAY AREA: The "CHEVROLET®" (WIN$) and "STEERING WHEEL" (DBL) Play Symbols will never appear on the same Ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "TEXAS EDITION BUCKS & TRUCKS" Scratch Ticket Game prize of $5.00, $10.00, $20.00, $50.00, $100, $250 or $500, a claimant shall sign the back of the Scratch Ticket in the space desig-nated on the Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and phys-ically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100, $250 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above


prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "TEXAS EDITION BUCKS & TRUCKS" Scratch Ticket Game prize of $1,000 or $100,000, the claimant must sign the winning Scratch Ticket and may present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall with-hold 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 "TEXAS EDITION BUCKS & TRUCKS" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identifica-tion (for U.S. Citizens or Resident Aliens). Mail all to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

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

F. If a person is indebted or owes delinquent taxes to the State, and is selected as a winner in a promotional second-chance drawing, the debt to the State must be paid within 14 days of notification or the prize will be awarded to an Alternate.

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 lia-bility 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 "TEXAS EDI-TION BUCKS & TRUCKS" 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 "TEXAS EDITION BUCKS & TRUCKS" 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 Game 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 man-ufactured, 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.

2.9 Promotional Second-Chance Drawings. Any Non-Winning "TEXAS EDITION BUCKS & TRUCKS" Scratch Ticket may be entered into one (1) of four (4) promotional drawings for a chance to win a promotional second-chance drawing prize. See instructions on the back of the Scratch Ticket for information on eligibility and entry requirements.

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 ap-proximately 7,200,000 Scratch Tickets in the Scratch Ticket Game No. 2366. The approximate number and value of prizes in the game are as follows:


♦ ♦ ♦

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. 2366 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 Game 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. 2366, the State Lottery Act (Texas Government Code, Chap-ter 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-202103230 Bob Biard General Counsel Texas Lottery Commission Filed: August 18, 2021

Scratch Ticket Game Number 2423 "$1,000,000 DIAMOND RICHES"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2423 is "$1,000,000 DIA-MOND RICHES". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2423 shall be $50.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2423.

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, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 2X SYMBOL, 5X SYMBOL, 10X SYMBOL, $75.00, $100, $150, $200, $500, $1,000, $20,000 and $1,000,000.

D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink


in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:


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 consist-ing of the four (4) digit game number (2423), 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: 2423-0000001-001.

H. Pack - A Pack of the "$1,000,000 DIAMOND RICHES" 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 pro-grammed 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 "$1,000,000 DIAMOND RICHES" Scratch Ticket Game No. 2423.

2.0 Determination of Prize Winners. The determination of prize win-ners 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 "$1,000,000 DIAMOND RICHES" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose eighty-one (81) Play Sym-

bols. BONUS PLAY INSTRUCTIONS: If a player reveals 2 match-ing prize amounts in the same BONUS, the player wins that amount. $1,000,000 DIAMOND RICHES PLAY INSTRUCTIONS: 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 the player reveals a "2X" Play Symbol, the player wins DOUBLE the prize for that symbol. If the player reveals a "5X" Play Symbol, the player wins 5 TIMES the prize for that symbol. If the player reveals a "10X" Play Symbol, the player wins 10 TIMES the prize for that symbol. No portion of the Display Printing nor any ex-traneous 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 eighty-one (81) 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 under-neath, 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 eighty-one (81) 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 cor-respond 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, misregis-tered, defective or printed or produced in error;

16. Each of the eighty-one (81) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the eighty-one (81) 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 de-fective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

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

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

C. GENERAL: A Ticket can win up to thirty-eight (38) times.

D. GENERAL: The "2X" (DBL), "5X" (WINX5) and "10X" (WINX10) Play Symbols will never appear in any of the three (3) BONUS play areas.

E. BONUS: A Ticket can win up to one (1) time in each of the three (3) BONUS play areas.

F. BONUS: Winning and Non-Winning Tickets will not contain more than two (2) matching Prize Symbols across the three (3) BONUS play areas, excluding Tickets winning thirty-eight (38) times.

G. BONUS: Non-winning Prize Symbols in a BONUS play area will not be the same as winning Prize Symbols from another BONUS area.

H. BONUS: A non-winning BONUS play area will have two (2) dif-ferent Prize Symbols.

I. MAIN PLAY AREA: A Ticket can win up to thirty-five (35) times in the main play area.

J. MAIN PLAY AREA: All non-winning YOUR NUMBERS Play Symbols will be different.

K. MAIN PLAY AREA: All WINNING NUMBERS Play Symbols will be different.

L. MAIN PLAY AREA: Tickets winning more than one (1) time will use as many WINNING NUMBERS Play Symbols as possible to cre-ate matches, unless restricted by other parameters, play action or prize structure.

M. MAIN PLAY AREA: 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.

N. MAIN PLAY AREA: On Non-Winning Tickets, a WINNING NUMBERS Play Symbol will never match a YOUR NUMBERS Play Symbol.

O. MAIN PLAY AREA: On winning and Non-Winning Tickets, the top cash prizes of $1,000, $20,000 and $1,000,000 will each appear at least once, with respect to other parameters, play action or prize structure.

P. MAIN PLAY AREA: The "2X" (DBL) Play Symbol will never ap-pear as a WINNING NUMBERS Play Symbol.

Q. MAIN PLAY AREA: The "2X" (DBL) Play Symbol will never ap-pear on a Non-Winning Ticket.

R. MAIN PLAY AREA: The "2X" (DBL) Play Symbol will win DOU-BLE the prize for that Play Symbol and will win as per the prize struc-ture.

S. MAIN PLAY AREA: The "2X" (DBL) Play Symbol will never ap-pear more than one (1) time on a Ticket.

T. MAIN PLAY AREA: The "5X" (WINX5) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

U. MAIN PLAY AREA: The "5X" (WINX5) Play Symbol will never appear on a Non-Winning Ticket.

V. MAIN PLAY AREA: The "5X" (WINX5) Play Symbol will win 5 TIMES the prize for that Play Symbol and will win as per the prize structure.

W. MAIN PLAY AREA: The "5X" (WINX5) Play Symbol will never appear more than one (1) time on a Ticket.

X. MAIN PLAY AREA: The "10X" (WINX10) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

Y. MAIN PLAY AREA: The "10X" (WINX10) Play Symbol will never appear on a Non-Winning Ticket.

Z. MAIN PLAY AREA: The "10X" (WINX10) Play Symbol will win 10 TIMES the prize for that Play Symbol and will win as per the prize structure.


AA. MAIN PLAY AREA: The "10X" (WINX10) Play Symbol will never appear more than two (2) times on a Ticket.

BB. MAIN PLAY AREA: The "2X" (DBL), "5X" (WINX5) and "10X" (WINX10) Play Symbols will never appear on the same Ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "$1,000,000 DIAMOND RICHES" Scratch Ticket Game prize of $75.00, $100, $150, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Re-tailer. 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 re-quired, to pay a $75.00, $100, $150, $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 for-warded 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 "$1,000,000 DIAMOND RICHES" Scratch Ticket Game prize of $1,000, $5,000, $20,000 or $1,000,000, the claimant must sign the winning Scratch Ticket and may present it at one of the Texas Lot-tery'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 appropri-ate 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 "$1,000,000 DIAMOND RICHES" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

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

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

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a per-son 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 lia-bility 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 "$1,000,000 DIAMOND RICHES" 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 "$1,000,000 DIAMOND RICHES" 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 person-nel 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 man-ufactured, 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 6,480,000 Scratch Tickets in Scratch Ticket Game No. 2423. The ap-proximate number and value of prizes in the game are as follows:


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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. 2423 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. 2423, the State Lottery Act (Texas Government Code, Chap-ter 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-202103232 Bob Biard General Counsel Texas Lottery Commission Filed: August 18, 2021

Permian Basin Regional Planning Commission

Contractor - Public Notice Public Notice - Procurement of Services by Permian Basin Regional Planning Commission’s Area Agency on Aging. The Area Agency on Aging of the Permian Basin (AAAPB) oversees the delivery of Older Americans Act services for individuals 60 years of age and older, their family members, and caregivers across 17 counties of the Per-mian Basin. The Area Agency on Aging of the Permian Basin is cur-rently seeking qualified entities to provide services such as: congre-gate meals, home-delivered meals, transportation, personal assistance, health maintenance, emergency response, and residential repair. Par-ties interested in providing services must contact the AAAPB to obtain information relating to open enrollment, the contracting process, the types of services being considered, and the actual funding available.

A copy of the Contractor application for services may be obtained from the Area Agency on Aging of the Permian Basin, P.O. Box 60660, Midland, Texas 79711, ATTN: Marydyth Taylor or by calling (432) 262-4941. The AAAPB has an open contract enrollment policy. Ap-plications will be considered at any time. The AAAPB reserves the right to negotiate with any and all entities that submit applications as per the Texas Professional Services Procurement Act and the Uniform Grant and Contract Management Standards.

The AAAPB is an affirmative action/equal opportunity employer. TRD-202103223


Cathe Henderson Administrative/HR Manager Permian Basin Regional Planning Commission Filed: August 17, 2021

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Attorney General G

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