Office of the Attorney General
The Office of the Attorney General (OAG) is soliciting applications from sexual assault programs and state sexual assault coalitions that wish to utilize funds for projects that support the primary prevention of sexual violence.
Applicable Funding Source: The source of federal funds includes the Federal Department of Health and Human Services, Injury Prevention and Control Research and State and Community Based Programs, CFDA Number 93.136. The federal funds are used for grant contracts supporting the primary prevention of sexual violence. All funding is contingent upon the appropriation of funds by the United States Congress and the Texas Legislature. The OAG makes no commitment that an application, once submitted, or a grant, once funded, will receive subsequent funding.
Eligibility Requirements: To be eligible for this grant opportunity, the Applicant must be the state sexual assault coalition or a sexual assault program who is a current FY 2023 SAPCS-Federal grantee. A current SAPCS-Federal grantee is one that has an active SAPCS-Federal grant contract for FY 2023 (February 1, 2023 through January 31, 2024).
Sexual Assault Programs - Any local public or private nonprofit corporation, independent of a law enforcement agency or prosecutor's office, that is operated as an independent program or as part of a municipal, county, or state agency and that provides the following minimum services to adult survivors of stranger and non-stranger sexual assault: 24-hour crisis hotline, crisis intervention, public education, advocacy, and accompaniment to hospitals, law enforcement offices, prosecutor offices, and courts and meets the Minimum Services Standards. Applicant must be a current SAPCS-Federal grantee to apply.
State Sexual Assault Coalitions - A statewide nonprofit organization that has been identified as a state sexual assault coalition by a state or federal agency authorized to make that designation. Applicant must be a current SAPCS-Federal grantee to apply.
Eligibility: The OAG will initially screen each application for eligibility. Applications will be deemed ineligible if the application is submitted by an ineligible applicant; the application is not filed in the manner and form required by the Application Kit; the application is filed after the deadline established in the Application Kit; or the application does not meet other requirements as stated in the RFA and the Application Kit.
How to Obtain Application Kit: The OAG will post the Application Kit on the OAG's website at https://www.texasattorneygeneral.gov/divisions/grants. Updates and other helpful reminders about the application process will also be posted at this location. Potential Applicants are encouraged to refer to the site regularly.
Deadlines and Filing Instructions for the Grant Application:
Create an On-Line Account (for Applicants who did not create an account during the OVAG, VCLG, and SAPCS-PHHS Block grant application cycle): Creating an on-line account in the Grant Offering and Application Lifecycle System (GOALS) is required to apply for a grant. If an on-line account is not created, the Applicant will be unable to apply for funding. To create an on-line account, the Applicant must email the point of contact information to Grants@oag.texas.gov with the following information:
-First Name
-Last Name
-Email Address
-Organization Legal Name
Note: Applicants who created accounts during the Other Victim Assistance Grant (OVAG), Victim Coordinator and Liaison Grant (VCLG), and Sexual Assault Prevention and Crisis Services (SAPCS)-PHHS Block grant application cycle are already registered in GOALS.
-Registered Applicants should access their Grant Programs webpage (homepage) in GOALS and select the green "View Grant Programs" button. If the answers provided on the Eligibility questions matched to the SAPCS-Federal Grant, the application will be available to the Applicant.
Application Deadline: The Applicant must submit its application, including all required attachments, to the OAG by the deadline established in the Application Kit.
Filing Instructions: Strict compliance with the submission instructions, as provided in the Application Kit, is required. The OAG will not consider an Application if it is not submitted by the due date. The OAG will not consider an Application if it is not in the manner and form as stated in the Application Kit.
Minimum and Maximum Amounts of Funding Available: The minimum and maximum amount of funding a sexual assault program may apply for is $105,800 per fiscal year. The minimum and maximum amount of funding a state sexual assault coalition may apply for is $486,824 per fiscal year.
The amount of an award is determined solely by the OAG. The OAG may award grants at amounts above or below the established funding levels and is not obligated to fund a grant at the amount requested.
Start Date and Length of Grant Contract Period: The grant period is from February 1, 2024 through January 31, 2025, subject to and contingent on funding and/or approval by the OAG.
No Match Requirements: There are no match requirements for SAPCS-Federal projects.
Award Criteria: The OAG will make funding decisions that support the efficient and effective use of public funds. Review components will include, but are not limited to, information provided by the applicant on the proposed project activities and budget.
Grant Purpose Area: All grant projects must address one or more of the purpose areas as stated in the Application Kit.
SAPCS-Federal Purpose Area: The purpose of the SAPCS-Federal program is to fund strategies and activities that support the primary prevention of sexual violence and any other purposes consistent with Texas Government Code, Chapter 420.
Staffing: All SAPCS-Federal projects must:
(a) Include a minimum of 75% of an applicant's budget in the personnel and fringe budget categories.
(b) Designate and request funding for a Primary Prevention Coordinator that is responsible for the coordination and implementation of primary prevention efforts. This position must be for a full-time Primary Prevention Coordinator.
In addition, only those staff positions that are directly related to achieving the goals of this project will be funded.
Preference: The OAG reserves the right to consider all other appropriations or funding an applicant currently receives when making funding decisions. The OAG may give priority to applicants that do not receive other sources of funding, including funding that originates from the Texas Compensation to Victims of Crime Fund.
Prohibitions on Use of Grant Funds: OAG grant funds may not be used to support or pay the costs of lobbying; contracting for grant activities that would otherwise be provided by employees of the grantee's organization; any portion of the salary or any other compensation for an elected government official; the purchase of food and beverages except as allowed under Texas State Travel Guidelines; the purchase or lease of vehicles; the purchase of promotional items or recreational activities; costs of travel that are unrelated to the direct delivery of services that support the OAG funded program; the costs for consultants or vendors who participate directly in writing a grant application; or for any unallowable costs set forth in applicable state or federal law, rules, regulations, guidelines, policies, procedures, cost principles, or the Federal Notice of Award for Rape Prevention Education. Grant funds may not be used to purchase any other products or services the OAG identifies as inappropriate or unallowable within this RFA or the Application Kit.
OAG Contact Person: If additional information is needed, contact grants@oag.texas.gov or (512) 936-0792.
TRD-202304099
Austin Kinghorn
General Counsel
Office of the Attorney General
Filed: November 7, 2023
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, specifically the Texas Clean Air Act. 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 comments disclose facts or considerations indicating that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the law.
Case Title and Court: In Re Volkswagen Clean Diesel Litigation: TCAA Enforcement Case; Cause No. D-1-GN-16-000370; in the 200th Judicial District, Travis County, Texas.
Background: Volkswagen Group of America, Inc., Volkswagen Aktiengesellschaft, Volkswagen Group of America Chattanooga Operations, LLC, Audi of America, LLC, Audi Aktiengesellschaft, and Porsche Cars North America, Inc. (collectively, "Volkswagen") are alleged to have violated the State's anti-tampering regulations through the installation of software on affected vehicles driven on Texas roadways. The State, Harris County, and Fort Bend County filed suit to address these alleged violations of the Texas Clean Air Act and rules promulgated thereunder.
Proposed Settlement: The parties propose an Agreed Final Judgment that orders Volkswagen to pay a total of $75,000,000.00 in civil penalties in the following amounts: $56,666,666.70 to Harris County and Fort Bend County to be divided as required by Section 7.107 of the Texas Water Code (Harris County will receive $26,433,333.35, Fort Bend will receive $1,900,000.00, and the State will receive $28,333,333.35); and the State will receive an additional $18,333,333.30. Thirty-one counties that filed lawsuits after the commencement of the suit will each take a portion of $3,000,000 of the total penalties allotted to Harris County. The Agreed Final Judgment also awards the State $10,000,000 in attorney's fees.
For a complete description of the proposed settlement, the agreed 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 David Terry, Assistant Attorney General, Office of the Attorney General of Texas, P.O. Box 12548, MC 066, Austin, Texas 78711-2548; (512) 463-2012; facsimile (512) 320-0911; email David.Terry@oag.texas.gov. Written comments must be received within 30 days of publication of this notice to be considered.
TRD-202304123
Austin Kinghorn
General Counsel
Office of the Attorney General
Filed: November 8, 2023
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003, and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 11/13/23 - 11/19/23 is 18.00% for consumer1 credit.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 11/13/23 - 11/19/23 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-202304116
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: November 8, 2023
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is December 21, 2023. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on December 21, 2023. 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: American Chrome and Chemicals Incorporated; DOCKET NUMBER: 2022-0185-IWD-E; IDENTIFIER: RN100210814; LOCATION: Corpus Christi, Nueces County; TYPE OF FACILITY: chromium chemicals manufacturing plant; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WO0000349000, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; and 30 TAC §305.125(1) and §319.5(b) and TPDES Permit Number WO0000349000, Effluent Limitations and Monitoring Requirements Number 1, by failing to collect and analyze effluent samples at the intervals specified in the permit; PENALTY: $28,545; ENFORCEMENT COORDINATOR: Samantha Smith, (512) 239-2099; REGIONAL OFFICE: 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401-0318, (361) 881-6900.
(2) COMPANY: City of Kennedale; DOCKET NUMBER: 2023-0471-UTL-E; IDENTIFIER: RN101391951; LOCATION: Kennedale, Tarrant County; TYPE OF FACILITY: retail public utility, exempt utility, or provider or conveyor of potable or raw water service that furnishes water service; RULE VIOLATED: TWC, §13.1394(b)(2), by failing to adopt and submit to the TCEQ for approval an emergency preparedness plan that demonstrates the facility's ability to provide emergency operations; PENALTY: $900; ENFORCEMENT COORDINATOR: Christiana McCrimmon, (512) 239-2811; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Comal Independent School District; DOCKET NUMBER: 2022-1186-EAQ-E; IDENTIFIER: RN102766326; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: elementary school; 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: $1,875; ENFORCEMENT COORDINATOR: Mark Gamble, (512) 239-2587; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 492-3096.
(4) COMPANY: DTT LLC; DOCKET NUMBER: 2022-1450-MWD-E; IDENTIFIER: RN106823628; LOCATION: Brownwood, Brown County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1) and (17) and §319.7(d), and Texas Pollutant Discharge Elimination System Permit Number WQ0015096001, Monitoring and Reporting Requirements Number 1, by failing to timely submit monitoring results at intervals specified in the permit; PENALTY: $3,510; ENFORCEMENT COORDINATOR: Laura Draper, (254) 761-3012; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(5) COMPANY: Francis Excavating LLC; DOCKET NUMBER: 2022-0249-WQ-E; IDENTIFIER: RN111405148; LOCATION: Texarkana, Bowie County; TYPE OF FACILITY: aggregate production operation (APO); RULES VIOLATED: 30 TAC §281.25(a)(4), TWC, §26.121, and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge stormwater associated with construction, sand and gravel pit activities; and 30 TAC §342.25(b), by failing to register the site as an APO no later than the tenth business day before the beginning date of regulated activities; PENALTY: $15,000; ENFORCEMENT COORDINATOR: Madison Stringer, (512) 239-1126; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(6) COMPANY: Jarrell Independent School District; DOCKET NUMBER: 2022-1187-EAQ-E; IDENTIFIER: RN101519049; LOCATION: Jarrell, Williamson County; TYPE OF FACILITY: high school; 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: $7,500; ENFORCEMENT COORDINATOR: Mark Gamble, (512) 239-2587; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.
(7) COMPANY: Texas Star Cooperative Gin; DOCKET NUMBER: 2022-0179-AIR-E; IDENTIFIER: RN101948941; LOCATION: Wilson, Lynn County; TYPE OF FACILITY: cotton gin; RULES VIOLATED: 30 TAC §101.4 and §116.115(c), New Source Review Permit Number 32681, Special Conditions Number 3, and Texas Health and Safety Code, §382.085(a) and (b), by failing to prevent nuisance dust conditions; PENALTY: $6,250; ENFORCEMENT COORDINATOR: Mackenzie Mehlmann, (512) 239-2572; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.
TRD-202304092
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: November 7, 2023
An agreed order was adopted regarding Westwood Shores Municipal Utility District, Docket No. 2021‑0025‑MWD‑E on November 7, 2023 assessing $7,490 in administrative penalties with $1,498 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 GPB PETROLEUM, LLC dba Charge Up 29, Docket No. 2021‑0843‑PST‑E on November 7, 2023 assessing $3,375 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Benjamin Pence, 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 SKIDMORE WATER SUPPLY CORPORATION, Docket No. 2022‑0104‑MWD‑E on November 7, 2023 assessing $3,750 in administrative penalties with $750 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 BAILEE CUSTOM HOMES, INC., Docket No. 2022‑0136‑WQ‑E on November 7, 2023 assessing $4,500 in administrative penalties with $900 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 ALVIN FM, LLC dba Alvin Food Mart 2, Docket No. 2022‑0263‑PST‑E on November 7, 2023 assessing $3,494 in administrative penalties with $698 deferred. Information concerning any aspect of this order may be obtained by contacting Tiffany Chu, 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 Ector, Docket No. 2022‑0353‑PWS‑E on November 7, 2023 assessing $250 in administrative penalties with $50 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Rocky Branch Grocery, LLC, Docket No. 2022‑0898‑PST‑E on November 7, 2023 assessing $2,813 in administrative penalties with $562 deferred. Information concerning any aspect of this order may be obtained by contacting Tiffany Chu, 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 SouthWaste Disposal, LLC dba SouthWaste Disposal South Plains Facility, Docket No. 2022‑0975‑MSW‑E on November 7, 2023 assessing $4,000 in administrative penalties with $800 deferred. Information concerning any aspect of this order may be obtained by contacting Courtney Gooris, 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 410 WATER SUPPLY CORPORATION, Docket No. 2022‑1007‑PWS‑E on November 7, 2023 assessing $2,662 in administrative penalties with $532 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.
An agreed order was adopted regarding Fort Bend County Municipal Utility District No. 50, Docket No. 2022‑1053‑WQ‑E on November 7, 2023 assessing $1,575 in administrative penalties with $315 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 Multi-Chem Group, LLC, Docket No. 2023‑0567‑AIR‑E on November 7, 2023 assessing $3,038 in administrative penalties with $607 deferred. Information concerning any aspect of this order may be obtained by contacting Desmond Martin, 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 Roy L. Turner, Docket No. 2023‑0962‑WOC‑E on November 7, 2023 assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Aaren Owens, 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 Iribarren Ink Corp, Docket No. 2023‑0991‑WR‑E on November 7, 2023 assessing $350 in administrative penalties. Information concerning any aspect of this citation 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 Kevin Leon Keck, Docket No. 2022‑0093‑LII‑E on November 7, 2023 assessing $900 in administrative penalties with $180 deferred. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
A field citation was adopted regarding Matthew Flores, Docket No. 2023‑1026‑WOC‑E on November 7, 2023 assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Miles Caston, 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 Stephen Laquey, Docket No. 2023‑1036‑OSI‑E on November 7, 2023 assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
A field citation was adopted regarding Ramsey Woodall, Docket No. 2023‑1037‑WR‑E on November 7, 2023 assessing $350 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
A field citation was adopted regarding MERP LLC, Docket No. 2023‑1070‑WQ‑E on November 7, 2023 assessing $875 in administrative penalties. Information concerning any aspect of this citation 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.
A field citation was adopted regarding Reliance Aeroproducts International, Docket No. 2023‑1071‑WQ‑E on November 7, 2023 assessing $875 in administrative penalties. Information concerning any aspect of this citation 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.
A field citation order was adopted regarding USAR, LLC, Docket No. 2023‑1092‑WQ‑E on November 7, 2023 assessing $875 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
A field citation was adopted regarding Pipeline Plastics, LLC, Docket No. 2023‑1093‑WQ‑E on November 7, 2023 assessing $875 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
A field citation was adopted regarding Grande 2151, LLC, Docket No. 2023‑1094‑WQ‑E on November 7, 2023 assessing $875 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
TRD-202304121
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: November 8, 2023
A default order was adopted regarding IWR Operating, LLC, Docket No. 2018‑0962‑AIR‑E on November 8, 2023, assessing $33,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Clayton Smith, 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 Buckeye Texas Hub LLC, Docket No. 2019‑1364‑AIR‑E on November 8, 2023, assessing $79,351 in administrative penalties with $15,869 deferred. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Mauser USA, LLC, Docket No. 2021‑0426‑AIR‑E on November 8, 2023, assessing $66,503 in administrative penalties with $13,300 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 Stonetown Pleasant Oaks, LLC, Docket No. 2021‑0835‑MWD‑E on November 8, 2023, assessing $30,000 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.
A default order was adopted regarding Jacob Martinez and Maria Chavira, Docket No. 2021‑1246‑MSW‑E on November 8, 2023, assessing $5,250 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Prabha Ratnayake, 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 City of Bridge City, Docket No. 2021‑1536‑MLM‑E on November 8, 2023, assessing $41,741 in administrative penalties with $8,347 deferred. Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding City of Rose City, Docket No. 2022‑0203‑MWD‑E on November 8, 2023, assessing $15,300 in administrative penalties with $3,060 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 RON STURGEON REAL ESTATE, L.P. dba Box Office Warehouse Suites, Docket No. 2022‑0303‑PWS‑E on November 8, 2023, assessing $8,185 in administrative penalties with $1,637 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Higbie Ventures of Texas, Inc., Docket No. 2022‑0340‑WQ‑E on November 8, 2023, assessing $7,988 in administrative penalties with $1,597 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.
A default order was adopted regarding Mark Alvarez, Docket No. 2022‑0444‑AIR‑E on November 8, 2023, assessing $50,625 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting William Hogan, 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 C.V.W.S., Inc., Docket No. 2023‑0403‑PWS‑E on November 8, 2023, assessing $1,750 in administrative penalties. 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.
An agreed order was adopted regarding J & S Materials, LLC, Docket No. 2023‑0418‑AIR‑E on November 8, 2023, assessing $11,812 in administrative penalties with $2,362 deferred. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An order was adopted regarding A S K C-Stores, Inc. dba Amigo Mart, Docket No. 2020-0255-PST-E on November 8, 2023, assessing $14,751 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Benjamin Pence Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
TRD-202304122
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: November 8, 2023
Notice Issued November 2, 2023
APPLICATION AND PRELIMINARY DECISION. The Texas Commission on Environmental Quality (TCEQ) has initiated a minor amendment of the Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0010470002 issued to the City of Temple, 3210 East Avenue H, Building A, Temple, Texas 76501 to authorize a substantial modification to the approved pretreatment program. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 7,500,000 gallons per day (gpd). TCEQ received this application on November 22, 2021.
The facility is located at 2515 East Avenue H, in the City of Temple, Bell County, Texas 76501. The treated effluent is discharged to an unnamed tributary, thence to Little Elm Creek, thence to Big Elm Creek, thence to Little River in Segment No. 1213 of the Brazos River Basin. The unclassified receiving water use is minimal aquatic life use for the unnamed tributary and Little Elm Creek. The designated uses for Segment No. 1213 are primary contact recreation, public water supply, and high aquatic life use. 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=-97.318055,31.077222&level=18
The applicant has applied to the TCEQ for approval of a substantial modification to its approved pretreatment program under the TPDES program. The request for approval complies with both federal and state requirements. The substantial modification will be approved without change if no substantive comments are received within 30 days of notice publication.
Approval of the request for modification to the approved pretreatment program will allow the applicant to revise their technically based local limits, and ordinance which incorporates such revisions, to continue to regulate the discharge of pollutants by industrial users into its treatment works facilities. The following treatment work facilities will be subject to the requirements of the pretreatment program: TPDES Permit No. WQ0010470002. The TCEQ Executive Director has completed the technical review of the pretreatment program substantial modification 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. The Executive Director has also made a preliminary decision that the requested substantial modification to the approved pretreatment program, if approved, meets all statutory and regulatory requirements. The pretreatment program substantial modification, fact sheet and Executive Director's preliminary decision, and draft permit are available for viewing and copying at City of Temple, Department of Public Works, 3210 East Avenue H, Building A, Suites 130, Temple, Texas.
PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request a public meeting about this draft permit or on the application for substantial modification of the pretreatment program. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the draft permit or the application for the substantial modification of the pretreatment program. TCEQ holds a public meeting if the Executive Director determines that there is a significant degree of public interest in the draft permit, the application for substantial modification of the pretreatment program, or if requested by a local legislator. A public meeting is not a contested case hearing. There is no opportunity to request a contested case hearing on the application for substantial modification of the pretreatment program. All written public comments and requests for a public meeting must be submitted to the Office of the Chief Clerk, MC 105, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at www.tceq.texas.gov/goto/comment within 30 days of the date of publication of this notice. After the deadline for public comments, the Executive Director will consider the comments and prepare a response to all relevant and material, or significant public comments. The response to comments will be mailed to everyone who submitted public comments or who requested to be on a mailing list for this application.
MAILING LIST. If you submit public comments, you will be added to the mailing list for this specific 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. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.
INFORMATION AVAILABLE ONLINE. For details about the status of the application, visit the Commissioners' Integrated Database at www.tceq.texas.gov/goto/cid. Search the database using the permit number for this application, which is provided at the top of this notice.
AGENCY CONTACTS AND INFORMATION. Public comments and requests must be submitted either electronically at www.tceq.texas.gov/about/comments.html, 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. Any personal information you submit to the TCEQ will become part of the agency's record; this includes email addresses. For more information about this draft permit, application for substantial modification to the pretreatment program ,or the permitting process, please call the TCEQ Public Education Program, Toll Free, at (800) 687-4040 or visit their website at www.tceq.texas.gov/goto/pep. Si desea información en español, puede llamar al (800) 687-4040.
Further information may also be obtained from City of Temple at the address stated above or by calling Mr. Don Bond, P.E., at (254) 298-5666.
TRD-202304118
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: November 8, 2023
APPLICATION. Champion Concrete Inc, 180 Traders Mine Road, Iron Mountain, Michigan 49801-1447 has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls Registration Number 173865 to authorize the operation of a concrete batch plant. The facility is proposed to be located approximately 5.4 miles East from the intersection of Highway 48 (Brownsville-Port Isabel Highway) and Fishermans Place Road, on the South side of Highway 48, Port Isabel, Cameron County, Texas 78578. This application is being processed in an expedited manner, as allowed by the commission's rules in 30 Texas Administrative Code, Chapter 101, Subchapter J. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. https://gisweb.tceq.texas.gov/LocationMapper/?marker=-97.262292,26.020253&level=13. This application was submitted to the TCEQ on September 7, 2023. The primary function of this plant is to manufacture concrete by mixing materials including (but not limited to) sand, aggregate, cement and water. The executive director has determined the application was technically complete on November 6, 2023.
PUBLIC COMMENT / PUBLIC HEARING. Public written comments about this application may be submitted at any time during the public comment period. The public comment period begins on the first date notice is published and extends to the close of the public hearing. Public comments may be submitted either in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087, or electronically at www14.tceq.texas.gov/epic/eComment/. 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.
A public hearing has been scheduled, that will consist of two parts, an informal discussion period and a formal comment period. During the informal discussion period, the public is encouraged to ask questions of the applicant and TCEQ staff concerning the application, but comments made during the informal period will not be considered by the executive director before reaching a decision on the permit, and no formal response will be made to the informal comments. During the formal comment period, members of the public may state their comments into the official record. Written comments about this application may also be submitted at any time during the hearing. The purpose of a public hearing is to provide the opportunity to submit written comments or an oral statement about the application. The public hearing is not an evidentiary proceeding.
The Public Hearing is to be held:
Wednesday, December 20, 2023, at 6:00 p.m.
Port Isabel Event & Cultural Center
309 East Railroad Avenue
Port Isabel, Texas 78578
RESPONSE TO COMMENTS. A written response to all formal comments will be prepared by the executive director after the comment period closes. The response, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments and the response to comments will be posted in the permit file for viewing.
The executive director shall approve or deny the application not later than 35 days after the date of the public hearing, considering all comments received within the comment period, and base this decision on whether the application meets the requirements of the standard permit.
CENTRAL/REGIONAL OFFICE. The application will be available for viewing and copying at the TCEQ Central Office and the TCEQ Harlingen Regional Office, located at 1804 W Jefferson Ave, Harlingen, Texas 78550-5247, during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, beginning the first day of publication of this notice.
INFORMATION. If you need more information about this permit application or the permitting process, please call the Public Education Program toll free at (800) 687-4040. Si desea información en español, puede llamar al (800) 687-4040.
Further information may also be obtained from Champion Concrete, Inc., 180 Traders Mine Rd, Iron Mountain, Michigan 49801-1447, or by calling Mr. Lucas Zimmerman, Operations Manager at (906) 282-2025.
Notice Issuance Date: November 3, 2023
TRD-202304119
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: November 8, 2023
In the October 6, 2023, issue of the Texas Register (48 TexReg 5839), the Texas Commission on Environmental Quality (commission) published notice of Agreed Orders, specifically Item Number 18, for THOMPSON, WESLEY; Docket Number 2023-1122-MSW-E. The error is as submitted by the commission.
The reference to the Docket Number should be corrected to read: "2023-1122-WOC-E."
For questions concerning these errors, please contact Michael Parrish at (512) 239-2548.
TRD-202304093
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: November 7, 2023
APPLICATION. Texas Coastal Materials, LLC, 9026 Lambright Rd, Houston, Texas 77075-3208 has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit, Registration Number 173296, which would authorize construction of a permanent rock and concrete crusher. The facility is proposed to be located at 5875 Kelley St, Houston, Harris County, Texas 77026. This application is being processed in an expedited manner, as allowed by the commission's rules in 30 Texas Administrative Code, Chapter 101, Subchapter J. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. https://gisweb.tceq.texas.gov/LocationMapper/?marker=-95.30694,29.811062&level=13. This application was submitted to the TCEQ on July 7, 2023. The executive director has determined the application was technically complete on July 31, 2023.
CENTRAL/REGIONAL OFFICE. The application will be available for viewing and copying at the TCEQ Central Office and the TCEQ Houston Regional Office, located at 5425 Polk St, Ste H Houston Texas 77023-1452, during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday.
INFORMATIONAL MEETING. The TCEQ will conduct an informational meeting to answer questions and discuss the application. Formal comments will not be taken at the informational meeting. The meeting will be held:
Thursday, December 7, 2023 at 6:00 p.m.
New Mount Calvary Missionary Baptist Church (Gymnasium)
4711 Kelley Street
Houston, Texas 77026
INFORMATION. Public written comments about this application may be submitted at any time during the public comment period. Public comments may be submitted either in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087, or electronically at www14.tceq.texas.gov/epic/eComment/. Please be aware that any contact information you provide, including your name, phone number, email address and physical address will become part of the agency's public record.
For more information about this permit application or the permitting process, please call the Public Education Program toll free at (800) 687-4040. General information can be found at our web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.
Further information may also be obtained from Texas Coastal Materials, LLC, 9026 Lambright Rd, Houston, Texas 77075-3208, or by calling Mr. Jay Lindholm, Project Manager, Trinity Consultants at (512) 567-8280.
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.
Notice Issuance Date: November 02, 2023
TRD-202304117
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: November 8, 2023
Application. J7 Ready Mix, LLC, has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit, Registration No. 172856, which would authorize construction of a concrete batch plant located at 5428 East Farm-to-Market Road 1187, Burleson, Tarrant County, Texas 76028. AVISO DE IDIOMA ALTERNATIVO. El aviso de idioma alternativo en español está disponible en https://www.tceq.texas.gov/permitting/air/newsourcereview/airpermits-pendingpermit-apps. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. https://gisweb.tceq.texas.gov/LocationMapper/?marker=-97.245393,32.579117&level=13. The proposed facility will emit the following air contaminants: particulate matter including (but not limited to) aggregate, cement, road dust, and particulate matter with diameters of 10 microns or less and 2.5 microns or less.
This application was submitted to the TCEQ on May 22, 2023. The executive director has completed the administrative and technical reviews of the application and determined that the application meets all of the requirements of a standard permit authorized by 30 TAC §116.611, which would establish the conditions under which the plant must operate. The executive director has made a preliminary decision to issue the registration because it meets all applicable rules.
Public Comment/Public Meeting. You may submit public comments to the Office of the Chief Clerk at the address below. The TCEQ will consider all public comments in developing a final decision on the application. 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. At the conclusion of the comment period, all formal comments will be considered before a decision is reached on the permit application. A written response to all formal comments will be prepared by the executive director and 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:
Monday, December 11, 2023, at 7:00 p.m.
Anchora Event Center, LLC
403 E Broad Street
Mansfield, Texas 76063
Information. Members of the public are encouraged to submit written comments anytime during the public meeting or by mail before the close of the public comment period to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at https://www14.tceq.texas.gov/epic/eComment/. If you need more information about the permit application or the permitting process, please call the TCEQ Public Education Program, toll free, at (800) 687-4040. General information can be found at our Web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.
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 link, enter the permit number at the top of this form.
The application, executive director's preliminary decision, and standard permit will be available for viewing and copying at the TCEQ central office, the TCEQ Dallas/Fort Worth regional office, and at Burleson Public Library located at 248 Southwest Johnson Avenue, Burleson, Tarrant County, Texas 76028. The facility's compliance file, if any exists, is available for public review at the TCEQ Dallas/Fort Worth Regional Office, 2309 Gravel Dr, Fort Worth, Texas. Visit www.tceq.texas.gov/goto/cbp to review the standard permit.
Further information may also be obtained from J7 Ready Mix, LLC, 5515 E Highway 67, Alvarado, Texas 76009-6818 or by calling Mr. Chad Nerren, Project Manager at (936) 635-6524.
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.
Notice Issuance Date: November 07, 2023
TRD-202304120
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: November 8, 2023
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on November 28, 2023, at 10:00 a.m., to receive public comments on proposed rule amendments to 1 Texas Administrative Code (1 TAC) §§353.1302, 353.1306, 353.1307, 353.1309, 353.1315, and 353.1320.
This hearing will be conducted online only. There is not a physical location for this hearing. To join the hearing from your computer, tablet, or smartphone, register for the hearing in advance using the following link:
https://attendee.gotowebinar.com/register/34550388919841882
After registering, you will receive a confirmation email containing information about joining the hearing. You can also dial in using your phone by calling +1 (631) 992-3221.
If you are new to GoToWebinar, please download the GoToMeeting app at https://global.gotomeeting.com/install/626873213 before the hearing starts.
A recording of the hearing will be archived and can be accessed on-demand at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings.
Proposal. The rule amendments to 1 Texas Administrative Code §353.1302 concerning the Quality Incentive Payment Program for Nursing Facilities on or after September 1, 2019, §353.1306 concerning the Comprehensive Hospital Increase Reimbursement Program for program periods on or after September 1, 2021, §353.1307 concerning Quality Metrics and Required Reporting Used to Evaluate the Success of the Comprehensive Hospital Increase Reimbursement Program, §353.1309 concerning the Texas Incentives for Physicians and Professional Services, §353.1315 concerning Rural Access to Primary and Preventive Services Program and §353.1320 concerning Directed Payment Program for Behavioral Health Services are proposed to be effective January 2024.
Briefing Packet: Interested parties may obtain a copy of the proposed preambles and rule amendments in the November 17, 2023, issue of the Texas Register at https://www.sos.texas.gov/texreg/index.shtml or by contacting HHSC Provider Finance by telephone at (512) 730-7401, by fax at (512) 730-7475, or by email at PFD_hospitals@hhsc.state.tx.us for CHIRP or RAPPS related questions, PFD_TIPPS@hhs.texas.gov for TIPPS and DPP BHS related questions and PFD-LTSS@hhs.texas.govfor QIPP related questions.
Written Comments. Written comments regarding the proposed rules may be submitted instead of, or in addition to, oral testimony until 11:59 p.m. on December 18, 2023. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Provider Finance at (512) 730-7475; or by email to PFD_hospitals@hhsc.state.tx.us for CHIRP or RAPPS related questions, PFD_TIPPS@hhs.texas.gov for TIPPS and DPP BHS related questions and PFD-LTSS@hhs.texas.gov for QIPP related questions. Please include "Comments on Proposed Rule §353.XXXX" in the subject line. In addition, written comments may be sent by overnight mail to Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, North Austin Complex, 4601 W. Guadalupe St, Austin, Texas 78751.
Contact. Questions regarding the hearing or meeting arrangements should be directed to PFD_hospitals@hhsc.state.tx.us for CHIRP or RAPPS related questions, PFD_TIPPS@hhs.texas.gov for TIPPS and DPP BHS related questions and PFD-LTSS@hhs.texas.govfor QIPP related questions
Persons with disabilities who wish to participate in the hearing and require auxiliary aids or services should contact Provider Finance at (512) 730-7401 at least 72 hours before the hearing so appropriate arrangements can be made.
TRD-202304124
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Filed: November 8, 2023
Star of the Republic Salvage Opportunity
The Star of the Republic Museum in Washington Texas is undergoing major renovations this coming winter. There are several graphic panels that cannot be incorporated into the new design. These panels are attached to the wall and THC is not able to save them due to cost. THC is offering these panels to the public as a salvage opportunity. Below is a detailed summary of what would have to occur for someone to remove these murals at their own expense. Below are the details, and photos have been provided.
This is an opportunity for the salvage "removal and transport" of several graphic exhibit panels attached to the walls and the elevator bank of the main gallery space of the Star of the Republic Museum in Washington, Texas. The graphic exhibit panels illustrate life in Republic-era Washington, Texas and include figurative images and landscapes. Since the museum is to undergo extensive renovation, all the panels will have to be completely removed.
The panels are painted directly onto 5/8" thick sheets of drywall that are affixed to steel studs located directly behind the panels. Exterior windows are located behind the graphic panels attached to the wall. For these panels, removal of the exterior windows would allow for complete access to the graphic panels from the reverse side. The panels located on the elevator bank can be separated into individual units and removed along with the steel studs.
Once the panels are removed, they need to be stabilized with a sturdy substrate to provide stability during transport. The exterior deck area of the museum provides an ideal staging area close to the parking lot, from which the panels can be lowered onto a flatbed truck for transport. All windows removed in the process would have to be replaced. Respondents must have insurance in case of any building damage during the process.
The removal of the panels would have to take place in December 2023 to coordinate with the current renovation schedule. Please contact Laura DeNormandie, Chief Curator, Texas Historical Commission, laura.denormandie@thc.texas.gov
Dates salvage can take place:
November 6, 2023 - December 1, 2023
Location of graphic panels:
Star of the Republic Museum
23200 Park Rd. 12
Washington, Texas 77880
TRD-202304110
Mark Wolfe
Executive Director
Texas Historical Commission
Filed: November 8, 2023
Application for incorporation in the state of Texas for Ensurity Life Insurance Company, a domestic life, accident and/or health company. The home office is in Rockwall, 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-202304114
Justin Beam
Chief Clerk
Texas Department of Insurance
Filed: November 8, 2023
Scratch Ticket Game Number 2509 "SUPER LOTERIA"
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2509 is "SUPER LOTERIA". The play style is "row/column/diagonal".
1.1 Price of Scratch Ticket Game.
A. The price for Scratch Ticket Game No. 2509 shall be $5.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2509.
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: ARMADILLO SYMBOL, BAT SYMBOL, BLUEBONNET SYMBOL, BOAR SYMBOL, CACTUS SYMBOL, CHERRIES SYMBOL, CHILE PEPPER SYMBOL, CORN SYMBOL, COVERED WAGON SYMBOL, COWBOY HAT SYMBOL, COWBOY SYMBOL, FIRE SYMBOL, GUITAR SYMBOL, HEN SYMBOL, HORSE SYMBOL, HORSESHOE SYMBOL, JACKRABBIT SYMBOL, LIZARD SYMBOL, LONE STAR SYMBOL, MARACAS SYMBOL, MOCKINGBIRD SYMBOL, MOONRISE SYMBOL, MORTAR PESTLE SYMBOL, NEWSPAPER SYMBOL, OIL RIG SYMBOL, PECAN TREE SYMBOL, PIÑATA SYMBOL, RATTLESNAKE SYMBOL, ROADRUNNER SYMBOL, SADDLE SYMBOL, SHOES SYMBOL, SPEAR SYMBOL, SPUR SYMBOL, STRAWBERRY SYMBOL, SUNSET SYMBOL, WHEEL SYMBOL, WINDMILL SYMBOL, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $200, $500, $5,000 and $100,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 2509 - 1.2D (.pdf)
E. Serial Number - A unique thirteen (13) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.
F. Bar Code - A twenty-four (24) character interleaved two (2) of five (5) Bar Code which will include a four (4) digit game ID, the seven (7) digit Pack number, the three (3) digit Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.
G. Game-Pack-Ticket Number - A fourteen (14) digit number consisting of the four (4) digit game number (2509), 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: 2509-0000001-001.
H. Pack - A Pack of the "SUPER LOTERIA" Scratch Ticket Game contains 075 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The Packs will alternate. One will show the front of Ticket 001 and back of 075 while the other fold will show the back of Ticket 001 and front of 075.
I. Non-Winning Scratch Ticket - A Scratch Ticket which is not programmed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "SUPER LOTERIA" Scratch Ticket Game No. 2509.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. Each Scratch Ticket contains exactly fifty-two (52) Play Symbols. A prize winner in the "SUPER LOTERIA" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose Play Symbols as follows: PLAYBOARD: 1) The player completely scratches the CALLER'S CARD area to reveal 21 symbols. 2) The player scratches ONLY the symbols on the PLAYBOARD that exactly match the symbols revealed on the CALLER'S CARD. 3) If the player reveals a complete row, column or diagonal line, the player wins the prize for that line. BONUS GAMES: The player scratches ONLY the symbols on the BONUS GAMES that exactly match the symbols revealed on the CALLER'S CARD. If the player reveals 4 symbols in the same GAME, the player wins the PRIZE for that GAME. TABLA DE JUEGO: 1) El jugador raspa completamente la CARTA DEL GRITÓN para revelar 21 símbolos. 2) El jugador SOLAMENTE raspa los símbolos en la TABLA DE JUEGO que son exactamente iguales a los símbolos revelados en la CARTA DEL GRITÓN. 3) Si el jugador revela una línea completa, horizontal, vertical o diagonal, el jugador gana el premio para esa línea. JUEGOS DE BONO: El jugador SOLAMENTE raspa los símbolos de los JUEGOS DE BONO que son exactamente iguales a los símbolos revelados en la CARTA DEL GRITÓN. Si el jugador revela 4 símbolos en el mismo JUEGO, el jugador gana el PREMIO para ese JUEGO. 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 fifty-two (52) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The Scratch Ticket shall be intact;
6. The Serial Number and Game-Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Scratch Ticket;
8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The Scratch Ticket must not be counterfeit in whole or in part;
10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner;
11. The Scratch Ticket must not have been stolen, nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number and Game-Pack-Ticket Number must be right side up and not reversed in any manner;
13. The Scratch Ticket must be complete and not miscut, and have exactly fifty-two (52) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-Ticket Number on the Scratch Ticket;
14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously;
15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the fifty-two (52) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the fifty-two (52) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines.
B. The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. GENERAL: A Ticket can win up to six (6) times in accordance with the prize structure.
B. GENERAL: Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.
C. PLAYBOARD/TABLA DE JUEGO: There will be no matching Play Symbols in the CALLER'S CARD/CARTA DEL GRITÓN play area.
D. PLAYBOARD/TABLA DE JUEGO: At least eight (8), but no more than twelve (12), CALLER'S CARD/CARTA DEL GRITÓN Play Symbols will match a symbol on the PLAYBOARD/TABLA DE JUEGO play area on a Ticket.
E. PLAYBOARD/TABLA DE JUEGO: No matching Play Symbols are allowed on the PLAYBOARD/TABLA DE JUEGO play area.
F. BONUS GAMES/JUEGOS DE BONO: Every BONUS GAMES/JUEGOS DE BONO Grid will match at least one (1) Play Symbol to the CALLER'S CARD/CARTA DEL GRITÓN play area.
2.3 Procedure for Claiming Prizes.
A. To claim a "SUPER LOTERIA" Scratch Ticket Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and 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 physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100, $200 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "SUPER LOTERIA" Scratch Ticket Game prize of $5,000 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 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 "SUPER LOTERIA" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be:
1. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055;
2. in default on a loan made under Chapter 52, Education Code;
3. in default on a loan guaranteed under Chapter 57, Education Code; or
4. delinquent in child support payments in the amount determined by a court or a Title IV-D agency under Chapter 231, Family Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the Scratch Ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "SUPER LOTERIA" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "SUPER LOTERIA" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is not claimed within that period, and in the manner specified in these Game Procedures and on the back of each Scratch Ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of Scratch Tickets ordered. The number of actual prizes available in a game may vary based on number of Scratch Tickets manufactured, testing, distribution, sales and number of prizes claimed. A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed.
3.0 Scratch Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated. If more than one name appears on the back of the Scratch Ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket.
4.0 Number and Value of Scratch Prizes. There will be approximately 30,000,000 Scratch Tickets in Scratch Ticket Game No. 2509. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2509 - 4.0 (.pdf)
A. The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2509 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. 2509, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-202304105
Bob Biard
General Counsel
Texas Lottery Commission
Filed: November 8, 2023
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2539 is "5 TIMES LUCKY". The play style is "key number match".
1.1 Price of Scratch Ticket Game.
A. The price for Scratch Ticket Game No. 2539 shall be $2.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2539.
A. Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket.
C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 5X SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $30.00, $50.00, $100, $500, $1,000 and $30,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 2539 - 1.2D (.pdf)
E. Serial Number - A unique thirteen (13) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.
F. Bar Code - A twenty-four (24) character interleaved two (2) of five (5) Bar Code which will include a four (4) digit game ID, the seven (7) digit Pack number, the three (3) digit Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.
G. Game-Pack-Ticket Number - A fourteen (14) digit number consisting of the four (4) digit game number (2539), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 125 within each Pack. The format will be: 2539-0000001-001.
H. Pack - A Pack of the "5 TIMES LUCKY" Scratch Ticket Game contains 125 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One Ticket will be folded over to expose a front and back of one Ticket on each Pack. Please note the Packs will be in an A, B, C and D configuration.
I. Non-Winning Scratch Ticket - A Scratch Ticket which is not programmed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "5 TIMES LUCKY" Scratch Ticket Game No. 2539.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "5 TIMES LUCKY" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose twenty-two (22) Play Symbols. If a player matches any of the YOUR NUMBERS Play Symbols to either of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If the player reveals a "5X" Play Symbol, the player wins 5 TIMES the prize for that symbol. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.
2.1 Scratch Ticket Validation Requirements.
A. To be a valid Scratch Ticket, all of the following requirements must be met:
1. Exactly twenty-two (22) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The Scratch Ticket shall be intact;
6. The Serial Number and Game-Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Scratch Ticket;
8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The Scratch Ticket must not be counterfeit in whole or in part;
10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner;
11. The Scratch Ticket must not have been stolen, nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number and Game-Pack-Ticket Number must be right side up and not reversed in any manner;
13. The Scratch Ticket must be complete and not miscut, and have exactly twenty-two (22) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-Ticket Number on the Scratch Ticket;
14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously;
15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the twenty-two (22) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the twenty-two (22) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines.
B. The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. A Ticket can win up to ten (10) times in accordance with the approved prize structure.
B. Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.
C. The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or prize structure.
D. Each Ticket will have two (2) different WINNING NUMBERS Play Symbols.
E. Non-winning YOUR NUMBERS Play Symbols will all be different.
F. Non-winning Prize Symbols will never appear more than two (2) times.
G. The 5X (WINX5) Play Symbol will never appear in the WINNING NUMBERS Play Symbol spots.
H. The "5X" (WINX5) Play Symbol will only appear on winning Tickets as dictated by the approved prize structure.
I. Non-winning Prize Symbol(s) will never be the same as the winning Prize Symbol(s).
J. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 10 and $10).
2.3 Procedure for Claiming Prizes.
A. To claim a "5 TIMES LUCKY" Scratch Ticket Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $30.00, $50.00, $100 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and 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 physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $30.00, $50.00, $100 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "5 TIMES LUCKY" Scratch Ticket Game prize of $1,000 or $30,000, 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 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 "5 TIMES LUCKY" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be:
1. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055;
2. in default on a loan made under Chapter 52, Education Code;
3. in default on a loan guaranteed under Chapter 57, Education Code; or
4. delinquent in child support payments in the amount determined by a court or a Title IV-D agency under Chapter 231, Family Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the Scratch Ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "5 TIMES LUCKY" 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 "5 TIMES LUCKY" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is not claimed within that period, and in the manner specified in these Game Procedures and on the back of each Scratch Ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of Scratch Tickets ordered. The number of actual prizes available in a game may vary based on number of Scratch Tickets manufactured, testing, distribution, sales and number of prizes claimed. A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed.
3.0 Scratch Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated. If more than one name appears on the back of the Scratch Ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket.
4.0 Number and Value of Scratch Prizes. There will be approximately 9,120,000 Scratch Tickets in Scratch Ticket Game No. 2539. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2539 - 4.0 (.pdf)
A. The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2539 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. 2539, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-202304104
Bob Biard
General Counsel
Texas Lottery Commission
Filed: November 7, 2023
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2544 is "100X POWER BLITZ". The play style is "key number match".
1.1 Price of Scratch Ticket Game.
A. Tickets for Scratch Ticket Game No. 2544 shall be $10.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2544.
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: ARMORED CAR SYMBOL, ATM CARD SYMBOL, BANK SYMBOL, BAR SYMBOL, BELL SYMBOL, BILL SYMBOL, CHECK SYMBOL, CHERRY SYMBOL, CHIP SYMBOL, CLUB SYMBOL, CROWN SYMBOL, DIAMOND SYMBOL, DOLLAR SYMBOL, HEART SYMBOL, STAR SYMBOL, NECKLACE SYMBOL, REGISTER SYMBOL, RING SYMBOL, SEVEN SYMBOL, SPADE SYMBOL, SUN SYMBOL, VAULT SYMBOL, 01, 02, 03, 04, 05, 06, 07, 08, 09, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, MONEY BAG SYMBOL, 10X SYMBOL, 20X SYMBOL, 50X SYMBOL, 100X SYMBOL, $10.00, $15.00, $20.00, $30.00, $50.00, $100, $200, $500, $1,000, $10,000 and $500,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 2544 - 1.2D (.pdf)
E. Serial Number - A unique thirteen (13) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.
F. Bar Code - A twenty-four (24) character interleaved two (2) of five (5) Bar Code which will include a four (4) digit game ID, the seven (7) digit Pack number, the three (3) digit Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.
G. Game-Pack-Ticket Number - A fourteen (14) digit number consisting of the four (4) digit game number (2544), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 050 within each Pack. The format will be: 2544-0000001-001.
H. Pack - A Pack of "100X POWER BLITZ" Scratch Ticket Game contains 050 Scratch Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 001 and 050 will both be exposed.
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 "100X POWER BLITZ" Scratch Ticket Game No. 2544.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "100X POWER BLITZ" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose sixty-five (65) Play Symbols. POWER $50 SPOT PLAY INSTRUCTIONS: If a player reveals 2 matching Play Symbols in the same POWER $50 SPOT, the player wins $50. POWER $100 SPOT PLAY INSTRUCTIONS: If a player reveals 2 matching Play Symbols in the same POWER $100 SPOT, the player wins $100. 100X POWER BLITZ 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 a player reveals a "MONEY BAG" Play Symbol, the player wins the PRIZE for that symbol instantly. If a player reveals a "10X" Play Symbol, the player wins 10 TIMES the PRIZE for that symbol. If a player reveals a "20X" Play Symbol, the player wins 20 TIMES the PRIZE for that symbol. If a player reveals a "50X" Play Symbol, the player wins 50 TIMES the PRIZE for that symbol. If a player reveals a "100X" Play Symbol, the player wins 100 TIMES the PRIZE for that symbol. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.
2.1 Scratch Ticket Validation Requirements.
A. To be a valid Scratch Ticket, all of the following requirements must be met:
1. Exactly sixty-five (65) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The Scratch Ticket shall be intact;
6. The Serial Number and Game-Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Scratch Ticket;
8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The Scratch Ticket must not be counterfeit in whole or in part;
10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner;
11. The Scratch Ticket must not have been stolen, nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number and Game-Pack-Ticket Number must be right side up and not reversed in any manner;
13. The Scratch Ticket must be complete and not miscut, and have exactly sixty-five (65) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-Ticket Number on the Scratch Ticket;
14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously;
15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the sixty-five (65) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the sixty-five (65) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines.
B. The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. GENERAL: A Ticket can win up to twenty-five (25) times in accordance with the prize structure.
B. GENERAL: Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.
C. GENERAL: The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or prize structure.
D. KEY NUMBER MATCH: Each Ticket will have five (5) different WINNING NUMBERS Play Symbols.
E. KEY NUMBER MATCH: Non-winning YOUR NUMBERS Play Symbols will all be different.
F. KEY NUMBER MATCH: Non-winning Prize Symbols will never appear more than four (4) times.
G. KEY NUMBER MATCH: The "MONEY BAG" (WIN$), "10X" (WINX10), "20X" (WINX20), "50X" (WINX50) and "100X" (WINX100) Play Symbols will never appear in the WINNING NUMBERS Play Symbol spots.
H. KEY NUMBER MATCH: The "MONEY BAG" (WIN$), "10X" (WINX10), "20X" (WINX20), "50X" (WINX50) and "100X" (WINX100) Play Symbols will never appear in any of the POWER SPOT play areas.
I. KEY NUMBER MATCH: The "10X" (WINX10), "20X" (WINX20), "50X" (WINX50) and "100X" (WINX100) Play Symbols will only appear on winning Tickets as dictated by the prize structure.
J. KEY NUMBER MATCH: The $15 Prize Symbol will only appear on winning Tickets when used in a winning combination.
K. KEY NUMBER MATCH: Non-winning Prize Symbols will never be the same as winning Prize Symbol(s).
L. KEY NUMBER MATCH: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 15 and $15).
M. POWER $50 SPOT and POWER $100 SPOT: Matching Play Symbols will only appear as dictated by the prize structure in winning POWER $50 SPOT and POWER $100 SPOT play areas.
N. POWER $50 SPOT and POWER $100 SPOT: A Play Symbol will not be used more than one (1) time per Ticket across the POWER $50 SPOT and POWER $100 SPOT play areas, unless used in a winning combination.
O. POWER $50 SPOT and POWER $100 SPOT: The POWER $50 SPOT and POWER $100 SPOT Play Symbols will never appear in the WINNING NUMBERS or YOUR NUMBERS Play Symbol spots.
P. POWER $50 SPOT and POWER $100 SPOT: In the POWER $50 SPOT and POWER $100 SPOT play areas, non-winning Play Symbols will not be the same as winning Play Symbols.
Q. POWER $50 SPOT and POWER $100 SPOT: The POWER $50 SPOT and POWER $100 SPOT play areas will each be played separately.
2.3 Procedure for Claiming Prizes.
A. To claim a "100X POWER BLITZ" Scratch Ticket Game prize of $10.00, $20.00, $30.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and 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 physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $30.00, $50.00, $100, $200 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "100X POWER BLITZ" Scratch Ticket Game prize of $1,000, $10,000 or $500,000, 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 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 "100X POWER BLITZ" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be:
1. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055;
2. in default on a loan made under Chapter 52, Education Code;
3. in default on a loan guaranteed under Chapter 57, Education Code; or
4. delinquent in child support payments in the amount determined by a court or a Title IV-D agency under Chapter 231, Family Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
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 liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "100X POWER BLITZ" 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 "100X POWER BLITZ" 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 manufactured, testing, distribution, sales and number of prizes claimed. A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed.
2.9 Promotional Second-Chance Drawings. Any Non-Winning "100X POWER BLITZ" Scratch Ticket may be entered into one (1) of five (5) 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 approximately 20,040,000 Scratch Tickets in the Scratch Ticket Game No. 2544. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2544 - 4.0 (.pdf)
A. The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2544 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. 2544, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-202304106
Bob Biard
General Counsel
Texas Lottery Commission
Filed: November 8, 2023
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2545 is "200X POWER BLITZ". The play style is "key number match".
1.1 Price of Scratch Ticket Game.
A. Tickets for Scratch Ticket Game No. 2545 shall be $20.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2545.
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: ARMORED CAR SYMBOL, BANK SYMBOL, BAR SYMBOL, BELL SYMBOL, ATM CARD SYMBOL, CHECK SYMBOL, CHERRY SYMBOL, CHIP SYMBOL, CLUB SYMBOL, CROWN SYMBOL, DIAMOND SYMBOL, HEART SYMBOL, NECKLACE SYMBOL, REGISTER SYMBOL, RING SYMBOL, SEVEN SYMBOL, SPADE SYMBOL, STAR SYMBOL, SUN SYMBOL, VAULT SYMBOL, 01, 02, 03, 04, 05, 06, 07, 08, 09, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, MONEY BAG SYMBOL, 10X SYMBOL, 20X SYMBOL, 50X SYMBOL, 100X SYMBOL, 200X SYMBOL, $20.00, $40.00, $50.00, $100, $200, $500, $2,000, $20,000 and $1,000,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 2545 - 1.2D (.pdf)
E. Serial Number - A unique thirteen (13) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.
F. Bar Code - A twenty-four (24) character interleaved two (2) of five (5) Bar Code which will include a four (4) digit game ID, the seven (7) digit Pack number, the three (3) digit Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.
G. Game-Pack-Ticket Number - A fourteen (14) digit number consisting of the four (4) digit game number (2545), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 025 within each Pack. The format will be: 2545-0000001-001.
H. Pack - A Pack of "200X POWER BLITZ" Scratch Ticket Game contains 025 Scratch Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The Packs will alternate. One will show the front of Ticket 001 and back of 025 while the other fold will show the back of Ticket 001 and front of 025.
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 "200X POWER BLITZ" Scratch Ticket Game No. 2545.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "200X POWER BLITZ" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose seventy-six (76) Play Symbols. POWER $50 SPOT PLAY INSTRUCTIONS: If a player reveals 2 matching Play Symbols in the same POWER $50 SPOT, the player wins $50. POWER $100 SPOT PLAY INSTRUCTIONS: If a player reveals 2 matching Play Symbols in the POWER $100 SPOT, the player wins $100. POWER $200 SPOT PLAY INSTRUCTIONS: If a player reveals 2 matching Play Symbols in the same POWER $200 SPOT, the player wins $200. 200X POWER BLITZ 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 a player reveals a "MONEY BAG" Play Symbol, the player wins the PRIZE for that symbol instantly. If a player reveals a "10X" Play Symbol, the player wins 10 TIMES the PRIZE for that symbol. If a player reveals a "20X" Play Symbol, the player wins 20 TIMES the PRIZE for that symbol. If a player reveals a "50X" Play Symbol, the player wins 50 TIMES the PRIZE for that symbol. If a player reveals a "100X" Play Symbol, the player wins 100 TIMES the PRIZE for that symbol. If a player reveals a "200X" Play Symbol, the player wins 200 TIMES the PRIZE for that symbol. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.
2.1 Scratch Ticket Validation Requirements.
A. To be a valid Scratch Ticket, all of the following requirements must be met:
1. Exactly seventy-six (76) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The Scratch Ticket shall be intact;
6. The Serial Number and Game-Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Scratch Ticket;
8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The Scratch Ticket must not be counterfeit in whole or in part;
10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner;
11. The Scratch Ticket must not have been stolen, nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number and Game-Pack-Ticket Number must be right side up and not reversed in any manner;
13. The Scratch Ticket must be complete and not miscut, and have exactly seventy-six (76) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-Ticket Number on the Scratch Ticket;
14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously;
15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the seventy-six (76) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the seventy-six (76) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines.
B. The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. GENERAL: A Ticket can win up to thirty (30) times in accordance with the prize structure.
B. GENERAL: Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.
C. GENERAL: The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or prize structure.
D. KEY NUMBER MATCH: Each Ticket will have six (6) different WINNING NUMBERS Play Symbols.
E. KEY NUMBER MATCH: Non-winning YOUR NUMBERS Play Symbols will all be different.
F. KEY NUMBER MATCH: Non-winning Prize Symbols will never appear more than four (4) times.
G. KEY NUMBER MATCH: The "MONEY BAG" (WIN$), "10X" (WINX10), "20X" (WINX20), "50X" (WINX50), "100X" (WINX100) and "200X" (WINX200) Play Symbols will never appear in the WINNING NUMBERS Play Symbol spots.
H. KEY NUMBER MATCH: The "MONEY BAG" (WIN$), "10X" (WINX10), "20X" (WINX20), "50X" (WINX50), "100X" (WINX100) and "200X" (WINX200) Play Symbols will never appear in any of the POWER SPOT play areas.
I. KEY NUMBER MATCH: The "10X" (WINX10), "20X" (WINX20), "50X" (WINX50), "100X" (WINX100) and "200X" (WINX200) Play Symbols will only appear on winning Tickets as dictated by the prize structure.
J. KEY NUMBER MATCH: Non-winning Prize Symbols will never be the same as winning Prize Symbol(s).
K. KEY NUMBER MATCH: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 40 and $40).
L. POWER $50 SPOT, POWER $100 SPOT and POWER $200 SPOT: Matching Play Symbols will only appear as dictated by the prize structure in winning POWER $50 SPOT, POWER $100 SPOT and POWER $200 SPOT play areas.
M. POWER $50 SPOT, POWER $100 SPOT and POWER $200 SPOT: A Play Symbol will not be used more than one (1) time per Ticket across the POWER $50 SPOT, POWER $100 SPOT and POWER $200X SPOT play areas, unless used in a winning combination.
N. POWER $50 SPOT, POWER $100 SPOT and POWER $200 SPOT: The POWER $50 SPOT, POWER $100 SPOT and POWER $200 SPOT Play Symbols will never appear in the WINNING NUMBERS or YOUR NUMBERS Play Symbol spots.
O. POWER $50 SPOT, POWER $100 SPOT and POWER $200 SPOT: In the POWER $50 SPOT, POWER $100 SPOT and POWER $200 SPOT play areas, non-winning Play Symbols will not be the same as winning Play Symbols.
P. POWER $50 SPOT, POWER $100 SPOT and POWER $200 SPOT: The POWER $50 SPOT, POWER $100 SPOT and POWER $200 SPOT play areas will each be played separately.
2.3 Procedure for Claiming Prizes.
A. To claim a "200X POWER BLITZ" Scratch Ticket Game prize of $20.00, $40.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and 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 physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $40.00, $50.00, $100, $200 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "200X POWER BLITZ" Scratch Ticket Game prize of $2,000, $20,000 or $1,000,000, 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 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 "200X POWER BLITZ" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be:
1. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055;
2. in default on a loan made under Chapter 52, Education Code;
3. in default on a loan guaranteed under Chapter 57, Education Code; or
4. delinquent in child support payments in the amount determined by a court or a Title IV-D agency under Chapter 231, Family Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
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 liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "200X POWER BLITZ" 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 "200X POWER BLITZ" 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 manufactured, testing, distribution, sales and number of prizes claimed. A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed.
2.9 Promotional Second-Chance Drawings. Any Non-Winning "200X POWER BLITZ" Scratch Ticket may be entered into one (1) of five (5) 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 approximately 10,200,000 Scratch Tickets in the Scratch Ticket Game No. 2545. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2545 - 4.0 (.pdf)
A. The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2545 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. 2545, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.
TRD-202304107
Bob Biard
General Counsel
Texas Lottery Commission
Filed: November 8, 2023
Notice of Contract Award - DART Silver Line TOD Parking Study
Pursuant to the provisions of Government Code, Chapter 2254, the North Central Texas Council of Governments publishes this notice of contract award. The request appeared in the June 30, 2023, issue of the Texas Register (48 TexReg 3550). The selected entity will perform technical and professional work for the DART Silver Line Transit Oriented Development (TOD) Parking Study.
The entity selected for this project is Nelson/Nygaard Consulting Associates, 310 Comal Street, Suite 100, Austin, Texas 78702. The amount of the contract is not to exceed $250,000.
Issued in Arlington, Texas on November 8, 2023.
TRD-202304086
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: November 6, 2023
Notice of a Public Comment Hearing on an Application for a Sand and Gravel Permit
Fort Bend County Levee Improvement District Number 7 (FBCLID7) has applied to the Texas Parks and Wildlife Department (TPWD) for an Individual Permit pursuant to Texas Parks and Wildlife Code, Chapter 86, to remove or disturb up to 1,512 cubic yards of sedimentary material within the Brazos River in Fort Bend County. The purpose of the removal or disturbance is to halt erosion and stabilize the northern bank of the Brazos River within the project area by installing six bendway weirs with riprap at the base of each weir. The bendway weirs are designed to dissipate erosive flow along the northern bank and cause sediment to be deposited along the bank, which is expected to increase bank stability. The location is approximately 7.5 miles downstream of United States 90 Alternate (US 90A) and approximately 1.3 miles upstream of US 59/Interstate Highway 69, and State Highway 99 (Grand Parkway) crosses the Brazos River in the eastern portion of the project area, at 29°35'2.29"N and 95°40'52.37"W. This notice is being published and mailed pursuant to 31 TAC §69.105(d).
TPWD will hold a public comment hearing regarding the application at 11:00 a.m. on Friday, December 15, 2023, 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 Sue Reilly at (512) 389-8622 or at sue.reilly@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: TPWD Sand and Gravel Program by mail: Attn: Sue Reilly, Texas Parks and Wildlife Department, Inland Fisheries Division, 4200 Smith School Road, Austin, Texas 78744; or via e-mail: sand.gravel@tpwd.texas.gov.
TRD-202304109
James Murphy
General Counsel
Texas Parks and Wildlife Department
Filed: November 8, 2023