IN ADDITION

IN ADDITION

Texas Health and Safety Code and Texas Water Code Settlement Notice

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

Case Title and Court: State of Texas v. ExxonMobil Oil Corporation; Cause No. D-1-GN-20-004302; in the 98th Judicial District, Travis County, Texas.

Background: ExxonMobil Oil Corporation ("ExxonMobil") owns and operates a petroleum refinery located at 1795 Burt Street in Beaumont, Jefferson County, Texas ("Refinery") that processes crude oil into fuels and other petroleum products. The State filed suit to address some 20 recurring instances of unauthorized emissions of air pollutants at the Refinery between January 2017 and June 2020 due to operator errors and equipment failures, in violation of the Texas Clean Air Act and rules promulgated thereunder, as well as permitting and reporting violations.

Proposed Settlement: The parties propose an Agreed Final Judgment and Permanent Injunction that orders ExxonMobil to develop and implement internal measures, polices, and/or procedures to ensure conformity with State reporting requirements; assesses a civil penalty of $1.6 million against ExxonMobil; and awards the State $70,000 in attorney's fees and costs.

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 Phillip Ledbetter, 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 Phillip.Ledbetter@oag.texas.gov. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-202303770

Austin Kinghorn

General Counsel

Office of the Attorney General

Filed: October 10, 2023

Comptroller of Public Accounts

Addendum to Local Sales Tax Rate Changes Effective October 2023 (.pdf)

TRD-202303757

Jenny Burleson

Director, Tax Policy Division

Comptroller of Public Accounts

Filed: October 9, 2023

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 10/16/23 - 10/22/23 is 18.00% for consumer¹ credit.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 10/16/23 - 10/22/23 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-202303772

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: October 11, 2023

Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is November 20, 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 November 20, 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: Break it Down, L.L.C.; DOCKET NUMBER: 2022-0329-AIR-E; IDENTIFIER: RN101493393; LOCATION: Austin, Travis County; TYPE OF FACILITY: recycling and compost facility; RULES VIOLATED: 30 TAC §101.4 and Texas Health and Safety Code, §382.085(a) and (b), by failing to prevent nuisance odor conditions; PENALTY: $22,500; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.

(2) COMPANY: Candelaria Water Supply Corporation; DOCKET NUMBER: 2023-0467-UTL-E; IDENTIFIER: RN101185312; LOCATION: Presidio, Presidio 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: $530; ENFORCEMENT COORDINATOR: Claudia Bartley, (512) 239-1116; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(3) COMPANY: City of Danbury; DOCKET NUMBER: 2021-1082-MWD-E; IDENTIFIER: RN101920676; LOCATION: Danbury, Brazoria County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010158001, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, by failing to comply with permitted effluent limitations; and 30 TAC §305.125(1) and §319.5(b) and TPDES Permit Number WQ0010158001, Effluent Limitations and Monitoring Requirements Number 2, by failing to collect and analyze effluent samples at the intervals specified in the permit; PENALTY: $15,750; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $12,600; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(4) COMPANY: City of Point; DOCKET NUMBER: 2023-0179-UTL-E; IDENTIFIER: RN101391407; LOCATION: Point, Rains 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: $1,400; ENFORCEMENT COORDINATOR: Claudia Bartley, (512) 239-1116; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(5) COMPANY: CLARK WILSON BUILDER GC LLC; DOCKET NUMBER: 2023-1310-WQ-E; IDENTIFIER: RN111763843; LOCATION: Taylor, Williamson County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain authorization to discharge stormwater associated with construction activities; PENALTY: $875; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5865; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.

(6) COMPANY: Far Hills Utility District; DOCKET NUMBER: 2022-0905-MWD-E; IDENTIFIER: RN105234157; LOCATION: Willis, Montgomery County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1) and (5), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0014555002, Permit Condition Number 2.g, by failing to prevent an unauthorized discharge of sewage into or adjacent to any water in the state; PENALTY: $2,888; ENFORCEMENT COORDINATOR: Laura Draper, (254) 761-3012; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(7) COMPANY: GPM Empire, LLC dba GPM Store 22503; DOCKET NUMBER: 2022-0499-PST-E; IDENTIFIER: RN101566842; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks in a manner which will detect a release at a frequency of at least once every 30 days; 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; and 30 TAC §334.74, by failing to investigate and confirm all suspected releases of regulated substances requiring reporting under 30 TAC §334.72 within 30 days; PENALTY: $14,651; ENFORCEMENT COORDINATOR: Courtney Gooris, (817) 588-5863; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: IOC COMPANY LLC; DOCKET NUMBER: 2023-1298-WR-E; IDENTIFIER: RN111731790; LOCATION: San Juan, Hidalgo County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §297.11 and TWC, §11.081 and §11.121, by failing to obtain authorization prior to diverting, storing, impounding, taking, or using state water, or beginning construction of any work designed for the storage, taking, or diversion of water; PENALTY: $350; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(9) COMPANY: J and K EXCAVATION, LLC; DOCKET NUMBER: 2022-0088-WQ-E; IDENTIFIER: RN111127536; LOCATION: Waxahachie, Ellis County; TYPE OF FACILITY: residential construction site; RULES VIOLATED: 30 TAC §281.25(a)(4), TWC, §26.121(a), and Texas Pollutant Discharge Elimination System (TPDES) General Permit Number TXR1533DQ, Part III, Section F.6(d), by failing to remove accumulations of sediment at a frequency that minimizes off-site impacts; 30 TAC §281.25(a)(4), TWC, §26.121(a), and TPDES General Permit Number TXR1533DQ, Part III, Section G.1, by failing to install and maintain best management practices at the site which resulted in a discharge of pollutants into or adjacent to any water in the state; and 30 TAC §281.25(a)(4), TWC, §26.121(a), and TPDES General Permit Number TXR1533DQ, Part III, Section G.2, by failing to initiate stabilization measures where construction activities have temporarily ceased and will not resume within 14 days or where construction activities have permanently ceased; PENALTY: $16,004; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: San Antonio River Authority; DOCKET NUMBER: 2021-1395-MWD-E; IDENTIFIER: RN101514560; LOCATION: Converse, Bexar County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(2), and Texas Pollutant Discharge Elimination System Permit Number WQ0010749001 Permit Conditions Number 2.g., by failing to prevent the unauthorized discharge of wastewater into or adjacent to any water in the state; PENALTY: $12,500; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $12,500; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5865; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 492-3096.

(11) COMPANY: Sebastian Municipal Utility District; DOCKET NUMBER: 2021-0887-MWD-E; IDENTIFIER: RN101702207; LOCATION: Sebastian, Cameron County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0013742001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; and 30 TAC §305.125(1), §319.5(b), and TPDES Permit Number WQ0013742001, Effluent Limitations and Monitoring Requirements Number 1, by failing to collect and analyze effluent samples at the intervals specified in the permit; PENALTY: $16,250; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $13,000; ENFORCEMENT COORDINATOR: Monica Larina, (361) 881-6965; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(12) COMPANY: Southern Montgomery County Municipal Utility District; DOCKET NUMBER: 2021-0767-MWD-E; IDENTIFIER: RN103219028; LOCATION: Spring, Montgomery County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1) and (4), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0011001001, Permit Conditions Number 2, by failing to prevent an unauthorized discharge of effluent into or adjacent to any water in the state; PENALTY: $21,250; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $21,250; ENFORCEMENT COORDINATOR: Madison Stringer, (512) 239-1126; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(13) COMPANY: WIMBERLEY SPRINGS PARTNERS LTD.; DOCKET NUMBER: 2023-0154-MLM-E; IDENTIFIER: RN105473003; LOCATION: Wimberley, Hays County; TYPE OF FACILITY: land investment and development; RULES VIOLATED: 30 TAC 213.23(i) and Edwards Aquifer Protection Plan (EAPP) Number 11-08030301, Standard Condition Number IV, by failing to obtain approval of a modification to an approved EAPP prior to commencing a regulated activity over the Edwards Aquifer Contributing Zone; and 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 activities; PENALTY: $21,762; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5865; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.

TRD-202303765

Gitanjali Yadav

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: October 10, 2023

Enforcement Orders

An agreed order was adopted regarding Josh R. Bratcher, Trustee of Walter and Deloris Bratcher Family Trust; Heath R. Bratcher, Trustee of Walter and Deloris Bratcher Family Trust; and Waldo's Store, LLC, Docket No. 2021‑0512‑PWS‑E on October 10, 2023, assessing $3,950 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ben Warms, 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 Jonathan Dodd, Docket No. 2021‑1193‑WQ‑E on October 10, 2023, assessing $4,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Casey Kurnath, 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 UNION WATER SUPPLY CORPORATION, Docket No. 2022‑0155‑MWD‑E on October 10, 2023, assessing $930 in administrative penalties with $186 deferred. Information concerning any aspect of this order may be obtained by contacting Alyssa Loveday, 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 Grand Harbor Water Supply Corporation, Docket No. 2022‑1311‑UTL‑E on October 10, 2023, assessing $950 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Megan Grace, 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 PARMER/SPECTRUM EAST, L.P., Docket No. 2022‑1431‑EAQ‑E on October 10, 2023, assessing $3,750 in administrative penalties with $750 deferred. Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding PAK NEPAL LLC dba Kwik Stop 1, Docket No. 2023‑0182‑PST‑E on October 10, 2023, assessing $4,651 in administrative penalties with $930 deferred. Information concerning any aspect of this order may be obtained by contacting Karolyn Kent, 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 West Tawakoni, Docket No. 2023‑0232‑UTL‑E on October 10, 2023, assessing $530 in administrative penalties with $106 deferred. Information concerning any aspect of this order may be obtained by contacting Mason Demasi, 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 BUCKEYE KNOLL, INC., Docket No. 2023‑0257‑UTL‑E on October 10, 2023, assessing $510 in administrative penalties with $102 deferred. Information concerning any aspect of this order may be obtained by contacting Miles Wehner, 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 Klippenstein Trailers, LLC, Docket No. 2023‑0615‑AIR‑E on October 10, 2023, assessing $2,675 in administrative penalties with $535 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.

A field citation was adopted regarding MA Mortenson Company, Docket No. 2023‑0880‑WQ‑E on October 10, 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 City of Hillsboro, Docket No. 2023‑0905‑WQ‑E on October 10, 2023, assessing $875 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Heather Lancour, 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 Shieldcoat Technologies Inc., Docket No. 2023‑0921‑WQ‑E on October 10, 2023, assessing $875 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.

A field citation was adopted regarding Harris County WCID 21, Docket No. 2023‑0965‑WQ‑E on October 10, 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.

TRD-202303785

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 11, 2023

Enforcement Orders

An agreed order was adopted regarding Valero Refining-Texas, L.P., Docket No. 2020‑1555‑IWD‑E on October 11, 2023, assessing $28,675 in administrative penalties. 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 JGE Gas Solutions, LP f/k/a American Midstream Gas Solutions, LP, Docket No. 2021‑0187‑AIR‑E on October 11, 2023, assessing $35,983 in administrative penalties with $7,196 deferred. Information concerning any aspect of this order may be obtained by contacting Johnnie Wu, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Jeffrey H. Brennan dba P & B Water, Docket No. 2021‑0629‑PWS‑E on October 11, 2023, assessing $2,625 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.

A default order was adopted regarding James E. Boyd, Docket No. 2021‑0799‑PST‑E on October 11, 2023, assessing $6,562 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Erandi 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 ONEOK Hydrocarbon Southwest, LLC, Docket No. 2021‑1102‑AIR‑E on October 11, 2023, assessing $47,025 in administrative penalties with $9,405 deferred. Information concerning any aspect of this order may be obtained by contacting Mackenzie Mehlmann, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

A default order was adopted regarding Samad Brothers LLC dba Kingsley One Stop Foodmart, Docket No. 2021‑1182‑PST‑E on October 11, 2023, assessing $57,414 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Marilyn Norrod, 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 COWBOY STAR INC. dba Smith Corner, Docket No. 2021‑1447‑PST‑E on October 11, 2023, assessing $10,025 in administrative penalties with $2,005 deferred. Information concerning any aspect of this order may be obtained by contacting Ken Moller, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding Zapata County, Docket No. 2021‑1578‑PWS‑E on October 11, 2023, assessing $9,010 in administrative penalties with $1,802 deferred. Information concerning any aspect of this order may be obtained by contacting Samantha Salas, 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 Laredo Holdings Investments, LLC, Docket No. 2021‑1637‑PWS‑E on October 11, 2023, assessing $1,020 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Erandi 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 INV Nylon Chemicals Americas, LLC, Docket No. 2022‑0126‑AIR‑E on October 11, 2023, assessing $94,952 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Johnnie Wu, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

A default order was adopted regarding John Bednarik, Docket No. 2022‑0154‑MSW‑E on October 11, 2023, assessing $3,750 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 Fossil Rim Wildlife Center, Inc., Docket No. 2022‑0172‑PWS‑E on October 11, 2023, assessing $23,813 in administrative penalties with $4,762 deferred. Information concerning any aspect of this order may be obtained by contacting Miles Wehner, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding THE LUBRIZOL CORPORATION, Docket No. 2022‑0191‑IWD‑E on October 11, 2023, assessing $57,900 in administrative penalties with $11,580 deferred. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding City of Stephenville, Docket No. 2022‑0317‑MLM‑E on October 11, 2023, assessing $18,950 in administrative penalties with $3,790 deferred. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

An agreed order was adopted regarding City of Sinton, Docket No. 2022‑0674‑MWD‑E on October 11, 2023, assessing $27,313 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 SRC Water Supply Inc, Docket No. 2022‑1163‑UTL‑E on October 11, 2023, assessing $500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Megan Grace, 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 Madera Municipal Utility District 1of Denton County, Docket No. 2023‑0846‑DIS on October 11, 2023, assessing $0 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Fernando Martinez, 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 On‑Site Concrete Solutions Llc, Docket No. 2023‑0849‑AIR on October 11, 2023, assessing $0 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Abigail Adkins, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.

TRD-202303787

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 11, 2023

Notice of Application and Public Hearing for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls Proposed Air Quality Registration Number 173955

APPLICATION. Holcim-SOR, Inc., 15900 Dooley Road, Addison, Texas 75001-4243 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 173955 to authorize the operation of a permanent concrete batch plant with enhanced controls. The facility is proposed to be located at the following driving directions: From the intersection of US Highway 289 and Main Street travel approximately 2.5 miles west to the intersection of West Main Street and Wall Street Road and turn right. The site will be located approximately one mile north on the west side of Wall Street Road, Gunter, Grayson County, Texas 75058. 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=-96.78201,33.46951&level=13. This application was submitted to the TCEQ on September 14, 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 October 4, 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, November 15, 2023, at 6:00 p.m.

Van Alstyne Senior Center

148 South Main Drive

Van Alstyne, Texas 75495

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 Dallas/Fort Worth Regional Office, located at 2309 Gravel Dr, Fort Worth, Texas 76118-6951, 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 Holcim - SOR, Inc., 15900 Dooley Road, Addison, Texas 75001-4243, or by calling Ms. Riley Kirby, Environmental Manager at (469) 260-8561.

Notice Issuance Date: October 10, 2023

TRD-202303786

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 11, 2023

Notice of Opportunity to Comment on a Default Order of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Order (DO). The commission staff proposes a DO when the staff has sent the Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is November 20, 2023. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of the proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on November 20, 2023. The commission's attorney is available to discuss the DO and/or the comment procedure at the listed phone number; however, TWC, §7.075, provides that comments on the DO shall be submitted to the commission in writing.

(1) COMPANY: Zenon Soto dba Soto's Paint & Body Shop; DOCKET NUMBER: 2021-1495-AIR-E; TCEQ ID NUMBER: RN111259388; LOCATION: 1206 Clinton Avenue, Fort Worth, Tarrant County; TYPE OF FACILITY: auto body repair and refinishing shop; RULES VIOLATED: Texas Health and Safety Code, §382.085(b) and 30 TAC §115.426(1)(A) and (B), by failing to comply with recordkeeping requirements; PENALTY: $5,000; STAFF ATTORNEY: Taylor Pack Ellis, Litigation, MC 175, (512) 239-6860; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-202303766

Gitanjali Yadav

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: October 10, 2023

Notice of Public Hearing on Assessment of Administrative Penalties and Requiring Certain Actions of Mike McGinnis dba Ranch Water Supply and Cristina Muniz dba Ranch Water Supply SOAH Docket No. 582-24-02636 TCEQ Docket No. 2022-0706-PWS-E

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

10:00 a.m. - November 9, 2023

To join the Zoom meeting via computer or smart device:

https://soah-texas.zoomgov.com

Meeting ID: 161 984 0712

Password: TCEQDC1

To join the Zoom meeting via telephone dial:

+1 (669) 254-5252

Meeting ID: 161 984 0712

Password: 5247869

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed June 12, 2023, concerning assessing administrative penalties against and requiring certain actions of Mike McGinnis dba Ranch Water Supply and Cristina Muniz dba Ranch Water Supply, for violations in Hill County, Texas, of: 30 Texas Administrative Code §§290.106(e), 290.110(e)(4)(A) and (f)(3), and 290.117(c)(2)(A), (e)(2), (h), (i)(1), and (i)(3).

The hearing will allow Mike McGinnis dba Ranch Water Supply and Cristina Muniz dba Ranch Water Supply, the Executive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford Mike McGinnis dba Ranch Water Supply and Cristina Muniz dba Ranch Water Supply, the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of Mike McGinnis dba Ranch Water Supply and Cristina Muniz dba Ranch Water Supply to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may be granted by default. The specific allegations included in the notice are those set forth in the Executive Director's Preliminary Report and Petition, attached hereto and incorporated herein for all purposes. Mike McGinnis dba Ranch Water Supply and Cristina Muniz dba Ranch Water Supply, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

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

Further information regarding this hearing may be obtained by contacting Cynthia Sirois, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information concerning your participation in this hearing may be obtained by contacting Sheldon Wayne, Staff Attorney, Office of Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.

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

In accordance with 1 Texas Administrative Code §155.401(a), Notice of Hearing, "Parties that are not represented by an attorney may obtain information regarding contested case hearings on the public website of the State Office of Administrative Hearings at www.soah.texas.gov, or in printed format upon request to SOAH."

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

Issued: October 6, 2023

TRD-202303782

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 11, 2023

Notice of Public Meeting for an Air Quality Permit Proposed Permit Number: 173539

APPLICATION AND PRELIMINARY DECISION. Keystone Waste Solutions, LLC, 1860 Illinois Street, Rhome, Texas 76078-4280, has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of Proposed Air Quality Permit Number 173539, which would authorize construction of a Waste Bin Preparation and Painting Facility located at 1860 Illinois Street, Rhome, Wise County, Texas 76078. This application was processed in an expedited manner, as allowed by the commission's rules in 30 Texas Administrative Code, Chapter 101, Subchapter J. 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 application was submitted to the TCEQ on August 2, 2023. The proposed facility will emit the following contaminants: exempt solvents, hazardous air pollutants, organic compounds and particulate matter including particulate matter with diameters of 10 microns or less and 2.5 microns or less.

The executive director has completed the technical review of the application submitted to the TCEQ on August 2, 2023, and prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The executive director has made a preliminary decision to issue the permit because it meets all rules and regulations.

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:

Thursday, November 9, 2023 at 7:00 p.m.

Council Chamber at the City of New Fairview

999 Illinois Lane

New Fairview, Texas 76078

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 permit application, executive director's preliminary decision, and draft permit will be available for viewing and copying at the TCEQ central office, the TCEQ Dallas/Fort Worth regional office, and the Rhome Community Library, 265 B.C. Rhome Avenue, Rhome, Wise County. 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. Further information may also be obtained from Keystone Waste Solutions, LLC at the address stated above or by calling Mr. John Boren CHMM, CIH, CSP, PE, Consultant at (615) 261-8081.

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: October 05, 2023

TRD-202303781

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: October 11, 2023

Texas Health and Human Services Commission

Notice of Public Hearing on Proposed Updates to Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on November 14, 2023, at 9:00 a.m., to receive public comments on proposed updates to Medicaid payment rates resulting from Calendar Fee Reviews, Medical Policy Reviews, Healthcare Common Procedure Coding System (HCPCS) Updates, and Special Reviews.

This hearing will be conducted both in-person and as an online event. To join the hearing from your computer, tablet, or smartphone, register for the hearing in advance using the following link:

Registration URL: https://attendee.gotowebinar.com/register/44179910691418972

After registering, you will receive a confirmation email containing information about joining the webinar. Instructions for dialing-in by phone will be provided after you register.

Members of the public may attend the rate hearing in person, which will be held in the Public Hearing Room 1.401, 1.402, 1.403 & 1.404 in the North Austin Complex located at 4601 W Guadalupe Street, Austin, Texas, or they may access a live stream of the meeting at https://www.hhs.texas.gov/about/live-archived-meetings. For the live stream, select the "North Austin Complex Live" tab. A recording of the hearing will be archived and accessible on demand at the same website under the "Archived" tab. The hearing will be held in compliance with Texas Human Resources Code section 32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.

Any updates to the hearing details will be posted on the HHSC website at https://www.hhs.texas.gov/about/meetings-events.

Proposal. The effective date of the proposed payment rates for the topics presented during the rate hearing will be as follows:

Effective April 18, 2023

Special Review:

- COVID-19 End Dated Codes

Effective October 1, 2023

Medical Policy Review:

- Adult Travel Vaccines

Quarterly HCPCS Updates:

- Adult RSV Vaccines

Effective March 1, 2023

Calendar Fee Review:

- Allergy Tests

- Auditory System Surgery

- Autism Services

- Blood Products

- Cardiovascular Services inc Cardiography & Echocardiography

- Cardiovascular Services inc Cardiography & Echocardiography (Hospitals)

- Cardiovascular Services inc Cardiography & Echocardiography (Rural Hospitals)

- Clinical Labs

- Clinical Labs Gapfill

- Dialysis Services

- Dialysis Services E1629

- Ear, Nose, & Throat

- Gastroenterology

- Gastroenterology (Hospitals)

- Gastroenterology (Rural Hospitals)

- IV Treatment and Chemotherapy

- Male Genital System Surgery

- Medicine (Other)

- Musculoskeletal System Surgery

- Noninvasive Vascular Diagnostic Services

- Noninvasive Vascular Diagnostic Services (Hospitals)

- Noninvasive Vascular Diagnostic Services (Rural Hospitals)

- Nuclear Medicine

- Nuclear Medicine (Hospitals)

- Nuclear Medicine (Rural Hospitals)

- Outpatient Behavioral Health

- Pulmonary Services

- Physician Administered Drugs Oncology

- Physician Administered Drugs Vaccines and Toxoids

- Physician Administered Drugs Non-Oncology

- Physician Administered Drugs NDCX

- Q Codes

- Q Codes TOS 9-J-L

- Q Codes Drugs

- Q Codes Hospital Outpatient Imaging

- Q Codes Rural Hospital Outpatient Imaging

- Radiation Oncology

- Radiation Oncology Hospitals

- Radiopharmaceuticals

Medical Policy Review:

-VDP Drug Cleanup

Quarterly HCPCS Updates:

- Q1 HCPCS Drugs

- Q1 HCPCS TOS 1 Non-Drugs

- Q1 HCPCS TOS 9/J/L

- Q2 HCPCS Drugs

- Q2 HCPCS TOS 4-I-T

- Q2 HCPCS TOS 4 (CT 23)

- Q2 HCPCS TOS 4 (Rural)

Special Review:

- Medicaid HCBS-AMH Peer Support Services

Effective March 1, 2024, and September 1, 2024

Calendar Fee Review:

- Clinical Labs COVID-19 Codes

Effective September 1, 2024

HCPCS Quarterly Updates:

- Q1 HCPCS TOS 1 Non-Drugs

- Q1 HCPCS TOS F

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

Section 355.8021, Reimbursement Methodology for Home Health Services;

Section 355.8023, Reimbursement Methodology for Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS);

Section 355.8061, Outpatient Hospital Reimbursement;

Section 355.8085, Reimbursement Methodology for Physicians and Other Practitioners;

Section 355.8091, Reimbursement Methodology to Licensed Professional Counselors, Licensed Clinical Social Workers, and Licensed Marriage and Family Therapists;

Section 355.8241, Reimbursement Methodology for Chemical Dependency Treatment Facilities;

Section 355.8441, Reimbursement Methodologies for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Services (also known as Texas Health Steps);

Section 355.8610, Reimbursement methodology for Clinical Laboratory Services; and

Section 355.8660, Renal Dialysis Reimbursement.

Rate Hearing Packet. A briefing packet describing the proposed payment rates will be made available at https://pfd.hhs.texas.gov/rate-packets on or before November 3, 2023. Interested parties may obtain a copy of the briefing packet on or after that date by contacting Provider Finance by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at PFDAcuteCare@hhs.texas.gov.

Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: 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 e-mail to PFDAcuteCare@hhs.texas.gov. 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 Guadalupe St, Austin, Texas 78751.

Preferred Communication. For quickest response please use e-mail or phone if possible for communication with HHSC related to this rate hearing.

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-202303767

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: October 10, 2023

Department of State Health Services

Licensing Actions for Radioactive Materials (.pdf)

TRD-202303773

Cynthia Hernandez

General Counsel

Department of State Health Services

Filed: October 11, 2023

Texas Department of Insurance

Company Licensing

Application for Amrock Title Insurance Company, a foreign title company, to change its name to Ultra Title Insurance Company. The home office is in Detroit, Michigan.

Application to do business in the state of Texas for Fidelity Security Assurance Company, a foreign fire and/or casualty company. The home office is in Kansas City, Missouri.

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-202303778

Justin Beam

Chief Clerk

Texas Department of Insurance

Filed: October 11, 2023

Texas Lottery Commission

Scratch Ticket Game Number 2534 "WILD 7"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2534 is "WILD 7". The play style is "multiple games".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2534 shall be $5.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2534.

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

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

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 1, 2, 3, 4, 6, 8, 9, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 40, 7 SYMBOL, 5X SYMBOL, 10X SYMBOL, BAR SYMBOL, BELL SYMBOL, CHERRY SYMBOL, CHIP SYMBOL, CLUB SYMBOL, CROWN SYMBOL, DIAMOND SYMBOL, HEART SYMBOL, KEY SYMBOL, LEMON SYMBOL, MONEY BAG SYMBOL, MOON SYMBOL, RING SYMBOL, SPADE SYMBOL, STAR SYMBOL, SUN SYMBOL, $5.00, $10.00, $15.00, $25.00, $50.00, $100, $500, $1,000 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. 2534 - 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 (2534), 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: 2534-0000001-001.

H. Pack - A Pack of the "WILD 7" 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 "WILD 7" Scratch Ticket Game No. 2534.

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 twenty-two (22) times in accordance with the approved prize structure.

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

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

D. GAME 1: The "7" (WIN$) Play Symbol may appear multiple times on winning Tickets, unless restricted by other parameters, play action or prize structure.

E. GAME 1: Non-winning Play Symbols will be different.

F. GAME 1: The "7" (WIN$), "5X" (WINX5) and the "10X" (WINX10) Play Symbols will only appear on winning Tickets as dictated by the prize structure.

G. GAME 1: Non-winning Prize Symbols will never appear more than three (3) times.

H. GAME 1: Non-winning Prize Symbols will never be the same as the winning Prize Symbol(s).

I. GAME 1: No prize amount in a non-winning spot will correspond with the GAME 1 Play Symbol (i.e., 25 and $25).

J. GAME 2: There will be no matching non-winning SPINs on a Ticket. SPINs are considered matching if they have the same Play Symbols in the same spots.

K. GAME 2: No three (3) or more matching non-winning Play Symbols will appear in adjacent positions diagonally or in a column.

L. GAME 2: No more than two (2) matching non-winning Play Symbols will appear in one (1) SPIN.

M. GAME 2: Non-winning Prize Symbols will never appear more than one (1) time.

N. GAME 2: Non-winning Prize Symbols will never be the same as the winning Prize Symbol(s).

2.3 Procedure for Claiming Prizes.

A. To claim a "WILD 7" Scratch Ticket Game prize of $5.00, $10.00, $15.00, $25.00, $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 $25.00, $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 "WILD 7" Scratch Ticket Game prize of $1,000 or $100,000, the claimant must sign the winning Scratch Ticket and may present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall 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 "WILD 7" 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 "WILD 7" 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 "WILD 7" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Scratch Ticket Ownership.

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

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

4.0 Number and Value of Scratch Prizes. There will be approximately 7,200,000 Scratch Tickets in Scratch Ticket Game No. 2534. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2534 - 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. 2534 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. 2534, 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-202303758

Bob Biard

General Counsel

Texas Lottery Commission

Filed: October 9, 2023

Scratch Ticket Game Number 2535 "$85,000,000 EXPLOSION"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2535 is "$85,000,000 EXPLOSION". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2535 shall be $20.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2535.

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.

Figure 1:TAC GAME NO. 2535 - 1.2D (.pdf)

G. Game-Pack-Ticket Number - A fourteen (14) digit number consisting of the four (4) digit game number (2535), 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: 2535-0000001-001.

H. Pack - A Pack of the "$85,000,000 EXPLOSION" Scratch Ticket Game contains 025 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.

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "$85,000,000 EXPLOSION" Scratch Ticket Game No. 2535.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly sixty-eight (68) 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-eight (68) 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;

15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the sixty-eight (68) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the sixty-eight (68) 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.

2.2 Programmed Game Parameters.

A. A Ticket can win up to seven (7) 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 Play Symbols.

C. The top Prize Symbol will appear on every Ticket.

D. Each Ticket will have eight (8) different WINNING NUMBERS Play Symbols.

E. Non-winning YOUR NUMBERS Play Symbols will all be different.

F. The "MONEY BAG" (WIN$) Play Symbol will never appear in the WINNING NUMBERS Play Symbol spots.

G. The "MONEY BAG" (WIN$) Play Symbol will never appear more than two (2) times on winning Tickets.

H. The $100 Prize Symbol will only appear in the $100 YOUR NUMBERS Play Symbol spots.

I. The $200 Prize Symbol will only appear in the $200 YOUR NUMBERS Play Symbol spots.

J. The $300 Prize Symbol will only appear in the $300 YOUR NUMBERS Play Symbol spots.

K. The $1,000 Prize Symbol will only appear in the $1,000 YOUR NUMBERS Play Symbol spots.

2.3 Procedure for Claiming Prizes.

A. To claim a "$85,000,000 EXPLOSION" Scratch Ticket Game prize of $100, $200 or $300, 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 $100, $200 or $300 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 "$85,000,000 EXPLOSION" Scratch Ticket Game prize of $1,000, 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 "$85,000,000 EXPLOSION" 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.