Comptroller of Public Accounts
Local Sales Tax Rate Changes Effective January 1, 2024 (.pdf)
TRD-202400086
Jenny Burleson
Director, Tax Policy
Comptroller of Public Accounts
Filed: January 10, 2024
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003, and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/15/24 - 01/21/24 is 18.00% for consumer1 credit.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/15/24 - 01/21/24 is 18.00% for commercial2 credit.
1 Credit for personal, family, or household use.
2 Credit for business, commercial, investment, or other similar purpose.
TRD-202400079
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: January 10, 2024
The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is February 20, 2024. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on February 20, 2024. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission's enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the AOs shall be submitted to the commission in writing.
(1) COMPANY: BFS Asset Holdings LLC dba BMC West; DOCKET NUMBER: 2023-1015-PST-E; IDENTIFIER: RN100608793; LOCATION: Austin, Travis County; TYPE OF FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC §334.7(d)(1) and (3) and (B) and §334.54(e)(2), by failing to notify the agency of any change or additional information regarding the underground storage tank (UST) system within 30 days of the occurrence of the change or addition; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the regulated UST; and 30 TAC §334.48(g)(1)(B) and TWC, §26.3475(c)(2), by failing to inspect the overfill prevention equipment at least once every three years; PENALTY: $8,313; ENFORCEMENT COORDINATOR: Eunice Adegelu, (512) 239-5082; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.
(2) COMPANY: BHULLAR ENTERPRISES LLC dba A Motion Food Mart; DOCKET NUMBER: 2023-0565-PST-E; IDENTIFIER: RN101548881; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.225 and Texas Health and Safety Code, §382.085(b), by failing to comply with annual Stage I vapor recovery testing requirements; 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide corrosion protection for the underground storage tank (UST) system; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the USTs in a manner which will detect a release at a frequency of at least once every 30 days; and 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2), by failing to equip the UST system with overfill prevention equipment; PENALTY: $10,703; ENFORCEMENT COORDINATOR: Tiffany Chu, (817) 588-5891; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: City of Atlanta dba Atlanta Municipal Airport; DOCKET NUMBER: 2022-1065-PST-E; IDENTIFIER: RN101810422; LOCATION: Atlanta, Cass County; TYPE OF FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $3,563; ENFORCEMENT COORDINATOR: Ashley Lemke, (512) 239-1118; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(4) COMPANY: City of Milford; DOCKET NUMBER: 2021-0886-MWD-E; IDENTIFIER: RN102080934; LOCATION: Milford, Ellis County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §217.33(a) and §305.125(1) and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0013937001, Monitoring Requirements Number 5, by failing to have automatic flow measuring devices accurately calibrated by a trained person at plant start-up and thereafter not less often than annually; 30 TAC §305.125(1) and (9)(A) and TPDES Permit Number WQ0013937001, Monitoring and Reporting Requirements Number 7.c., by failing to report to the TCEQ in writing, any effluent violation which deviates from the permitted effluent limitation by more than 40% within five working days of becoming aware of noncompliance; 30 TAC §305.125(1) and (17) and TPDES Permit Number WQ0013937001, Sludge Provisions Section III(G), by failing to submit a complete annual sludge report to the TCEQ by September 30th of each year; 30 TAC §317.4(a)(8), by failing to test the reduced-pressure backflow assembly annually; 30 TAC §317.6(b)(1)(E), by failing to maintain forced mechanical ventilation in the chlorination room; and 30 TAC §319.11(d), by failing to install the flow measurement device in accordance with the Water Measurement Manual, United States Department of the Interior, Bureau of Reclamation; PENALTY: $47,400; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $37,920; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5865; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: DALLAS TRADER'S ZONE LLC dba One Stop Food and Beverages; DOCKET NUMBER: 2023-1046-PST-E; IDENTIFIER: RN101353555; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $2,556; ENFORCEMENT COORDINATOR: Eunice Adegelu, (512) 239-5082; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: EAST TEXAS BAPTIST ENCAMPMENT; DOCKET NUMBER: 2022-0097-PWS-E; IDENTIFIER: RN101259091; LOCATION: Newton, Newton County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(e) and (h)(1) and Texas Health and Safety Code, §341.035(a) and TCEQ Agreed Order Docket Number 2018-0537-PWS-E, Ordering Provision Numbers 2.h.ii. and 2.j, by failing to obtain approval prior to making any significant change or addition to the system's production treatment, storage, pressure maintenance, or distribution facilities; 30 TAC §290.43(c)(2), by failing to ensure that the facility's ground storage tank (GST) hatch remains locked except during inspections and maintenance; 30 TAC §290.43(c)(8), by failing to ensure that all clearwells, GSTs, standpipes, and elevated storage tanks are painted, disinfected, and maintained in strict accordance with current American Water Works Association standards; 30 TAC §290.46(f)(2) and (3)(A)(i)(III), by failing to maintain water works operation and maintenance records and make them readily available for review by the Executive Director upon request; 30 TAC §290.46(l), by failing to flush all dead-end mains at monthly intervals; 30 TAC §290.46(m)(1)(A), by failing to inspect the facility's GST annually; 30 TAC §290.46(n)(3) and TCEQ Agreed Order Docket Number 2018-0537-PWS-E, Ordering Provision Number 2.h.i, by failing to keep on file copies of well completion data as defined in 30 TAC §290.41(c)(3)(A) for as long as the well remains in service; 30 TAC §290.46(s)(1) and TCEQ Agreed Order Docket Number 2018-0537-PWS-E, Ordering Provision Number 2.b.ii, by failing to calibrate the facility's well meter at least once every three years; 30 TAC §290.46(s)(2)(C)(i) and TCEQ Agreed Order Docket Number 2018-0537-PWS-E, Ordering Provision Number 2.b.vi, by failing to verify the accuracy of the manual disinfectant residual analyzer at least once every 90 days using chlorine solutions of known concentrations; 30 TAC §290.46(v), by failing to ensure that the electrical wiring is securely installed in compliance with a local or national electrical code; 30 TAC §290.119(b)(7), by failing to use an acceptable analytical method for disinfectant analyses; and 30 TAC §290.121(a) and (b) and TCEQ Agreed Order Docket Number 2018-0537-PWS-E, Ordering Provision Number 2.b.iii, by failing to maintain an up-to-date chemical and microbiological monitoring plan at each water treatment plant that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the public water system will use to comply with the monitoring requirements; PENALTY: $9,150; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 881-6991; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(7) COMPANY: MAYA VIDA, LIMITED LIABILITY COMPANY dba Hilltop; DOCKET NUMBER: 2023-0142-PST-E; IDENTIFIER: RN102783966; LOCATION: Gainesville, Cooke County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $6,750; ENFORCEMENT COORDINATOR: Amy Lane, (512) 239-2614; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: Red River Authority of Texas; DOCKET NUMBER: 2022-0590-PWS-E; IDENTIFIER: RN101233062; LOCATION: Cromwell, Foard County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.080 milligrams per liter for total trihalomethanes, based on the locational running annual average; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Ashley Lemke, (512) 239-1118; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(9) COMPANY: River Chase Plaza, LLC; DOCKET NUMBER: 2023-0869-EAQ-E; IDENTIFIER: RN111572970; LOCATION: New Braunfels, Comal County; TYPE OF FACILITY: commercial business; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer Protection Plan prior to commencing a regulated activity over the Edwards Aquifer Recharge Zone; PENALTY: $6,500; ENFORCEMENT COORDINATOR: Mark Gamble, (512) 239-2587; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 492-3096.
(10) COMPANY: SAAS Investment Group LLC dba Good Luck Food Mart; DOCKET NUMBER: 2023-0914-PST-E; IDENTIFIER: RN103027884; LOCATION: Bonham, Fannin County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $2,556; ENFORCEMENT COORDINATOR: Celicia Garza, (512) 239-2095; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-202400066
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: January 9, 2024
An agreed order was adopted regarding Chris Thomas Custom Homes, Inc., Docket No. 2021‑1317‑WQ‑E on January 9, 2024 assessing $6,250 in administrative penalties with $1,250 deferred. Information concerning any aspect of this order may be obtained by contacting Mark Gamble, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Texas Star Cooperative Gin, Docket No. 2022‑0179‑AIR‑E on January 9, 2024 assessing $6,250 in administrative penalties with $1,250 deferred. Information concerning any aspect of this order may be obtained by contacting Mackenzie Mehlmann, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Galveston County Municipal Utility District No. 12, Docket No. 2022‑0560‑MWD‑E on January 9, 2024 assessing $3,563 in administrative penalties with $712 deferred. Information concerning any aspect of this order may be obtained by contacting Mistie Gonzales, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Comal Independent School District, Docket No. 2022‑1186‑EAQ‑E on January 9, 2024 assessing $1,875 in administrative penalties with $375 deferred. Information concerning any aspect of this order may be obtained by contacting Mark Gamble, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Jarrell Independent School District, Docket No. 2022‑1187‑EAQ‑E on January 9, 2024 assessing $5,000 in administrative penalties with $1,000 deferred. Information concerning any aspect of this order may be obtained by contacting Mark Gamble, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding City of Carrizo Springs, Docket No. 2022‑1412‑MWD‑E on January 9, 2024 assessing $5,062 in administrative penalties with $1,012 deferred. Information concerning any aspect of this order may be obtained by contacting Monica Larina, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding DTT LLC, Docket No. 2022‑1450‑MWD‑E on January 9, 2024 assessing $3,510 in administrative penalties with $702 deferred. Information concerning any aspect of this order may be obtained by contacting Laura Draper, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding City of Kennedale, Docket No. 2023‑0471‑UTL‑E on January 9, 2024 assessing $900 in administrative penalties with $180 deferred. Information concerning any aspect of this order may be obtained by contacting Christiana McCrimmon, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
A field citation was adopted regarding Olvera Reforestation Services LLC, Docket No. 2023‑1554‑WR‑E on January 9, 2024 assessing $350 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Shane Glantz, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
TRD-202400083
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 10, 2024
A default order was adopted regarding Double Diamond Utilities, Co., Docket No. 2020‑0651‑MWD‑E on January 10, 2024 assessing $42,799 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Taylor Pack Ellis, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Mallard Point WWTP, LLC, Docket No. 2020‑0958‑MWD‑E on January 10, 2024 assessing $18,312 in administrative penalties with $14,712 deferred. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding CELANESE LTD., Docket No. 2021‑0113‑AIR‑E on January 10, 2024 assessing $57,641 in administrative penalties with $3,023 deferred. Information concerning any aspect of this order may be obtained by contacting Johnnie Wu, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Sheldon Road Municipal Utility District, Docket No. 2021‑0775‑MWD‑E on January 10, 2024 assessing $12,751 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Occidental Permian Ltd., Docket No. 2021‑0896‑AIR‑E on January 10, 2024 assessing $150,000 in administrative penalties with $30,000 deferred. Information concerning any aspect of this order may be obtained by contacting Mackenzie Mehlmann, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding City of Austin, Docket No. 2021‑1043‑MWD‑E on January 10, 2024 assessing $13,125 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding City of Danbury, Docket No. 2021‑1082‑MWD‑E on January 10, 2024 assessing $15,750 in administrative penalties with $3,150 deferred. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding City of Sinton, Docket No. 2021‑1301‑MWD‑E on January 10, 2024 assessing $73,125 in administrative penalties with $14,625 deferred. Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding San Antonio River Authority, Docket No. 2021‑1395‑MWD‑E on January 10, 2024 assessing $12,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding City of Hudson, Docket No. 2021‑1501‑MWD‑E on January 10, 2024 assessing $10,000 in administrative penalties with $2,000 deferred. Information concerning any aspect of this order may be obtained by contacting Samantha Smith, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding J & K EXCAVATION, LLC, Docket No. 2022‑0088‑WQ‑E on January 10, 2024 assessing $16,004 in administrative penalties with $3,200 deferred. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Break it Down, L.L.C., Docket No. 2022‑0329‑AIR‑E on January 10, 2024 assessing $22,500 in administrative penalties with $4,500 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding WS CAMPUS HOLDINGS LLC, Docket No. 2022‑0388‑EAQ‑E on January 10, 2024 assessing $8,250 in administrative penalties with $1,650 deferred. Information concerning any aspect of this order may be obtained by contacting Mark Gamble, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding GPM Empire, LLC dba GPM Store 22503, Docket No. 2022‑0499‑PST‑E on January 10, 2024 assessing $14,651 in administrative penalties with $2,930 deferred. Information concerning any aspect of this order may be obtained by contacting Lauren Little, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding LINDEL FARMS, LLC, Docket No. 2022‑1590‑WQ‑E on January 10, 2024 assessing $56,250 in administrative penalties with $11,250 deferred. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
TRD-202400085
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 10, 2024
Marecek Land & Cattle, 2966 Hacienda Wesley, Waco, Texas 76706, Applicant, seeks to amend a portion of Water Use Permit No. 3936 to add places of use for agricultural purposes in McLennan and Falls counties, remove the five authorized diversion points, add three diversion reaches on the Brazos River, amend the upstream limit of Diversion Reach No. 2 on Castleman Creek, and authorize the use of the bed and banks of Castleman Creek to convey groundwater for subsequent diversion for agricultural purposes in McLennan and Falls counties. More information on the application and how to participate in the permitting process is given below. The application and fees were received on April 8, 2021. Additional information was received on June 15,2021. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on July 1, 2021.
The Executive Director completed the technical review of the application and prepared a draft amendment. The draft amendment, if granted, would include special conditions including, but not limited to streamflow restrictions. The application, technical memoranda, and Executive Director's draft amendment are available for viewing on the TCEQ web page at: https://www.tceq.texas.gov/permitting/water_rights/wr-permitting/view-wr-pend-apps.
Alternatively, you may request a copy of the documents by contacting the TCEQ Office of the Chief Clerk by phone at (512) 239-3300 or by mail at TCEQ OCC, Notice Team (MC-105), P.O. Box 13087, Austin, Texas 78711.
Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by January 29, 2024. 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 January 29, 2024. The Executive Director can consider an approval of the application unless a written request for a contested case hearing is filed by January 29, 2024.
To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions for the requested permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments, or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at https://www14.tceq.texas.gov/epic/eComment/ by entering WRPERM 3936 in the search field. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Public Education Program at (800) 687-4040. General information regarding the TCEQ can be found at our web site 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-202400084
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 10, 2024
Notice issued January 10, 2024
TCEQ Internal Control No. D-09282023-038; 45 Williamson LLC, a Texas limited liability company, ("Petitioner") filed a petition for creation of Travis County Municipal Utility District No. 27 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article III, Section 52 and Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority of the assessed value of the land to be included in the proposed District; (2) there is one lienholder on the property to be included in the proposed District, and the lienholder, Susser Bank, has consented to the creation of and inclusion of the property in the District; (3) the proposed District will contain approximately 523.291 acres of land, located within Travis County, Texas; and (4) the land to be included in the proposed District is partially within the corporate limits and partially within the extraterritorial jurisdiction of the City of Creedmoor, Texas (City), and the City has consented to creation of and inclusion of the land within the District. By resolution No. 2023-230518, passed and adopted on May 18, 2023, the City gave its consent to the creation of the proposed District, pursuant to Texas Water Code Chapter 54.016. The petition further states that the proposed District will purchase, construct, acquire, repair, extend and improve land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: (1) provide a water supply for municipal uses, domestic uses and commercial purposes; (2) collect, transport, process, dispose of and control all domestic, industrial, or communal wastes whether in fluid, solid, or composite state; (3) gather, conduct, divert and control local storm water or other local harmful excesses of water in the District and the payment of organization expenses, operational expenses during construction and interest during construction; (4) design, acquire, construct, finance, improve, operate, and maintain macadamized, graveled, or paved roads, or improvements in aid of those roads; (5) purchase, construct, acquire, provide, operate, maintain, repair, improve, extend and develop park and recreational facilities for the inhabitants of the District; and (6) provide such other facilities, systems, plants and enterprises as shall be consonant with the purposes for which the District is created and permitted under state law. According to the petition, a preliminary investigation has been made to determine the cost of purchasing and constructing the project, and it is estimated by the Petitioner, from the information available at this time, that the cost of said project will be approximately $95,000,000, including $59,700,000 for water, wastewater and drainage, $31,230,000 for roads, and $4,070,000 for recreational facilities.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.texas.gov.
TRD-202400082
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 10, 2024
APPLICATION. OurCalling, Inc., P.O. Box 140428, Dallas, Texas 75214, a nonprofit serving the homeless, has applied to the Texas Commission on Environmental Quality (TCEQ) for a new Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0016272001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 90,000 gallons per day. TCEQ received this application on December 12, 2022.
The facility will be located at 231 Wickliffe Road, in Ellis County, Texas 75125. The treated effluent will be discharged to an unnamed tributary, thence to Bear Creek, thence to Red Oak Creek, thence to Upper Trinty River in Segment No. 0805 of the Trinity River Basin. The unclassified receiving water uses are minimal aquatic life use for the unnamed tributary, and high aquatic life use for Bear Creek and Red Oak Creek. The designated uses for Segment No. 0805 are primary contact recreation and high aquatic life use. In accordance with 30 Texas Administrative Code Section 307.5 and the TCEQ's Procedures to Implement the Texas Surface Water Quality Standards (June 2010), an antidegradation review of the receiving waters was performed. A Tier 1 antidegradation review has preliminarily determined that existing water quality uses will not be impaired by this permit action. Numerical and narrative criteria to protect existing uses will be maintained. A Tier 2 review has preliminarily determined that no significant degradation of water quality is expected in Bear Creek or Red Oak Creek, which have been identified as having high aquatic life uses. Existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received. This link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice. For the exact location, refer to the application.
https://gisweb.tceq.texas.gov/LocationMapper/?marker=-96.57302,32.512257&level=18
The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements.
ALTERNATIVE LANGUAGE NOTICE. Alternative language notice in Spanish is available at https://www.tceq.texas.gov/permitting/wastewater/plain-language-summaries-and-public-notices. El aviso de idioma alternativo en español está disponible en https://www.tceq.texas.gov/permitting/wastewater/plain-language-summaries-and-public-notices.
PUBLIC COMMENT / PUBLIC MEETING. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. A public meeting is not a contested case hearing under the Administrative Procedure Act. During the Informal Discussion Period, the public will be encouraged to ask questions of the applicant and TCEQ staff concerning the permit application. The comments and questions submitted orally during the Informal Discussion Period will not be considered before a decision is reached on the permit application and no formal response will be made. Responses will be provided orally during the Informal Discussion Period. During the Formal Comment Period on the permit application, members of the public may state their formal comments orally into the official record. A written response to all timely, relevant and material, or significant comments will be prepared by the Executive Director. All formal comments will be considered before a decision is reached on the permit application. A copy of the written response will be sent to each person who submits a formal comment or who requested to be on the mailing list for this permit application and provides a mailing address. Only relevant and material issues raised during the Formal Comment Period can be considered if a contested case hearing is granted on this permit application.
The Public Meeting is to be held:
Tuesday, February 20, 2024 at 7:00 p.m.
Ferris Junior High School Cafeteria
1002 E. 8th Street
Ferris, Texas 75125
INFORMATION. Members of the public are encouraged to submit written comments anytime during the meeting or by mail before the close of the public comment period to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at www.tceq.texas.gov/goto/comment. If you need more information about the permit application or the permitting process, please call the TCEQ Public Education Program, Toll Free, at (800) 687-4040. Si desea información en español, puede llamar (800) 687-4040. General information about the TCEQ can be found at our web site at https://www.tceq.texas.gov.
The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at Ferris Public Library, 301 East 10th Street, Ferris, Texas. Further information may also be obtained from OurCalling, Inc. at the address stated above or by calling Ms. Victoria Lahr, Project Manager, Authers Building Group, LLC, at (714) 215-0149.
Persons with disabilities who need special accommodations at the meeting should call the Office of the Chief Clerk at (512) 239-3300 or (800) RELAY-TX (TDD) at least five business days prior to the meeting.
Issuance Date: January 05, 2024
TRD-202400081
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 10, 2024
On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 26. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of December 21, 2023 to January 5, 2024. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§30.20(f), 30.30(h), and 30.40(e), the public comment period extends 30 days from the date published on the Texas General Land Office web site. The notice was published on the web site on Friday, January 12, 2024. The public comment period for this project will close at 5:00 p.m. on Sunday February 11, 2024.
Federal License and Permit Activities:
Applicant: Battleground Oil Specialty Terminal Company, LLC
Location: The project site is located in the San Jacinto River, off the Houston Ship Channel, at 1836 Miller Cut Off Road, in La Porte, Harris County, Texas.
Latitude and Longitude: 29.729731, -95.050761
Project Description: The applicant proposes to discharge 202 cubic yards of riprap into 0.13 acre of estuarine emergent wetlands and 551 cubic yards of riprap into 0.34-acre open water to stabilize 1,050 linear feet of shoreline at an existing marine terminal facility. The applicant was previously authorized to discharge fill material into 7.64 acres of ponds on the project site. These ponds are also proposed to be filled as a result of this project. The applicant proposed to mitigate for the proposed impacts by purchasing credits from the Gulf Coastal Plains Wetlands Mitigation Bank to offset proposed impacts to tidal fringe wetlands.
Type of Application: U.S. Army Corps of Engineers permit application #SWG-2011-00011. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.
CMP Project No: 24-1107-F1
Applicant: Coastal Bend Bays & Estuaries Program
Location: The project site is located within open waters of the Corpus Christi Bay, adjacent to the USS Lexington Museum and the community of North Bay, in Corpus Christi, Nueces County, Texas.
Latitude and Longitude: 27.823538, -97.382233
Project Description: The applicant proposes to armor an existing jetty and install breakwater islands. Specifically, the applicant proposes to place 1,000 linear feet of fill (stone) to armor an existing jetty located west of the U.S.S. Lexington Museum and install five (5) breakwater islands east of North Beach consisting of armor stone and beneficial use dredged material (BUDM). Each island is proposed to have a maximum footprint of approximately 1,120-foot long by 650-foot wide. The applicant proposes a total of 81 acres of impacts below the High Tide Line. Fill material to create the breakwater islands is planned to be either harvested from a nearby Dredge Material Placement Area (DMPA) owned by the applicant (DMPA No. 14) or an adjacent dredging project within the Corpus Christi Ship Channel or Inner Harbor. A temporary pipeline will be utilized to transport material from proposed BUDM No. 14 to the project site. Except for the Rincon Channel crossing, the pipeline is proposed to be floating; within the Rincon Channel the pipeline is proposed to be along the seafloor. The applicant anticipates requiring the pipeline to be in place 12 months. The pipeline will be secured by clump weights where floating and anchor collars where submerged. The applicant is amicable to utilizing a floating pipeline in the nearshore environment to decrease potential impacts to sea grass beds and other sensitive resources. The placed material is planned to be graded, shaped, and planted with native vegetation species to provide additional habitat benefits to the project and aid in the stabilization of the material. The applicant has not proposed compensatory mitigation.
Type of Application: U.S. Army Corps of Engineers permit application # SWG-2023-00292. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.
CMP Project No: 24-1112-F1
Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from the Texas General Land Office Public Information Officer at 1700 N. Congress Avenue, Austin, Texas 78701, or via email at pialegal@glo.texas.gov. Comments should be sent to the Texas General Land Office Coastal Management Program Coordinator at the above address or via email at federal.consistency@glo.texas.gov.
TRD-202400067
Mark Havens
Chief Clerk
General Land Office
Filed: January 9, 2024
Application to do business in the state of Texas for Cable Insurance Company, a foreign fire and/or casualty company. The home office is in Fort Lauderdale, Florida.
Application for incorporation in the state of Texas for Porch Insurance Reciprocal Exchange, a domestic reciprocal. The home office is in Irving, Texas.
Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of John Carter, 1601 Congress Ave., Suite 6.900, Austin, Texas 78711.
TRD-202400080
Justin Beam
Chief Clerk
Texas Department of Insurance
Filed: January 10, 2024
The commissioner of insurance has extended the period to submit comments on the proposed amendments to 28 TAC §§3.3038, 3.3702 - 3.3705, 3.3707 - 3.3711, 3.3720, 3.3722, 3.3723; new §3.3712 and §3.3713; and the proposed repeal of §3.3725.
The proposed amendments, new sections, and repeal were published in the December 8, 2023, issue of the Texas Register. The proposal document may also be viewed on TDI's website at www.tdi.texas.gov/rules/2023/documents/33038proposal.pdf.
Notice of the comment period extension was announced during a public hearing on the proposal held by the Texas Department of Insurance (TDI) under Docket No. 2842 in Room 2.035 of the Barbara Jordan State Office Building, 1601 Congress Avenue, Austin, Texas 78701 on January 10, 2024. Notice of the comment period extension was also posted on TDI's website and circulated via email to interested parties.
You may submit your written comments to TDI on or before 5:00 p.m., central time, on January 22, 2024. Send comments to ChiefClerk@tdi.texas.gov or to the Office of the Chief Clerk, MC: GC-CCO, Texas Department of Insurance, P.O. Box 12030, Austin, Texas 78711-2030.
TRD-202400078
Jessica Barta
General Counsel
Texas Department of Insurance
Filed: January 10, 2024
Notice of a Public Comment Hearing on an Application for a Sand and Gravel Permit
Rio Grande Joint Venture has applied to the Texas Parks and Wildlife Department (TPWD) for a General Permit pursuant to Texas Parks and Wildlife Code, Chapter 86, to remove or disturb 148 cubic yards of sedimentary material within Alamito Creek in Presidio County. The purpose is to improve and begin to restore stream habitat in Alamito Creek. The location is approximately 2.5 miles upstream of State Highway 169 (29.9172987, -104.0102843). Notice is being published and mailed pursuant to Title 31 TAC §69.105(b).
TPWD will hold a public comment hearing regarding the application at 11:00 a.m. on Friday, February 16, 2024, at TPWD headquarters, located at 4200 Smith School Road, Austin, Texas 78744. A remote participation option will be available upon request. Potential attendees should contact Beth Bendik at (512) 389-8521 or at beth.bendik@tpwd.texas.gov for information on how to participate in the hearing remotely. The hearing is not a contested case hearing under the Texas Administrative Procedure Act. Oral and written public comment will be accepted during the hearing.
Written comments may be submitted directly to TPWD and must be received no later than 30 days after the date of publication of this notice in the Texas Register. A written request for a contested case hearing from an applicant or a person with a justiciable interest may also be submitted and must be received by TPWD prior to the close of the public comment period. Timely hearing requests shall be referred to the State Office of Administrative Hearings. Submit written comments, questions, requests to review the application, or requests for a contested case hearing to the TPWD Sand and Gravel Program by mail: Attn: Beth Bendik, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; or e-mail sand.gravel@tpwd.texas.gov.
TRD-202400061
James Murphy
General Counsel
Texas Parks and Wildlife Department
Filed: January 8, 2024
Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on September 20, 2022, for true-up of 2020 Federal Universal Service Fund (FUSF) Impacts to the Texas Universal Service Fund (TUSF).
Docket Style and Number: Application of Border to Border Communications, Inc. for True-Up of 2020 Federal Universal Service Fund Impacts to Texas Universal Service Fund, Docket Number 54134.
The Application: Border to Border Communications, Inc. filed a true-up in accordance with findings of fact 17 and 18 of the Notice of Approval in Docket No. 51645. In that docket, the Commission approved Border to Border Communications request to recover $1,201,823 from the TUSF for 2020 to the extent funding is available.
Persons wishing to intervene or comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 54134.
TRD-202400073
Andrea Gonzalez
Rules Coordinator
Public Utility Commission of Texas
Filed: January 10, 2024
Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on December 29, 2023, seeking a determination of need for continued support from the Texas High Cost Universal Service Plan.
Docket Title and Number: Petition of Brightspeed of Texas, Inc. dba Brightspeed and Brightspeed of Eastern Texas, Inc., dba Brightspeed under PURA § 56.023, Docket Number 56074.
Application: Brightspeed of Texas, Inc. dba Brightspeed and Brightspeed of Eastern Texas, Inc. dba Brightspeed filed with the commission a request for a determination of Brightspeed's financial need for continuing support from the Texas High Cost Universal Service Plan (THCUSP), and the establishment of monthly per-line THCUSP support amounts in the exchanges with a financial need for continued support. Under PURA § 56.023 recipients from the THCUSP may petition the commission to initiate a contested case proceeding to determine the company's eligibility to receive continued support under the THCUSP. Brightspeed asserts a financial need for continued support exists in all of its currently supported exchanges.
Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 as a deadline to intervene may be imposed. Hearing and speech‑impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 56074.
TRD-202400036
Andrea Gonzalez
Rules Coordinator
Public Utility Commission of Texas
Filed: January 4, 2024
The Texas Workforce Commission (TWC) proposed amendments to Chapter 801 and Chapter 853 in the January 5, 2024, issue of the Texas Register (49 TexReg 26 and 49 TexReg 29, respectively). Due to an error by TWC, the proposals contained incorrect information regarding the public comment period. The correct information is as follows:
PART V. PUBLIC COMMENTS
Comments on the proposed rules may be submitted to TWCPolicyComments@twc.texas.gov and must be received no later than February 19, 2024.
TRD-202400069
Les Trobman
General Counsel
Texas Workforce Commission
Filed: January 9, 2024