Office of Consumer Credit Commissioner
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§ 303.003, 303.009, and 304.003, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 10/23/23 - 10/29/23 is 18.00% for consumer1 credit.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 10/23/23 - 10/29/23 is 18.00% for commercial2 credit.
The postjudgment interest rate as prescribed by §304.003 for the period of 11/01/23 - 11/30/23 is 8.50%.
1 Credit for personal, family, or household use.
2 Credit for business, commercial, investment, or other similar purpose.
TRD-202303855
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: October 18, 2023
Application for a Merger or Consolidation
Notice is given that the following application has been filed with the Credit Union Department (Department) and is under consideration.
An application was received from Priority Postal Credit Union (Pasadena) seeking approval to merge with Essential Credit Union (Baton Rouge, LA), with the latter being the surviving credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-202303861
Michael S. Riepen
Commissioner
Credit Union Department
Filed: October 18, 2023
Notice is given that the following application have been filed with the Credit Union Department (Department) and are under consideration.
An application was received from Southwest 66 Credit Union, Odessa, Texas, to expand its field of membership. The proposal would permit members of the Cornerstone Credit Union Foundation, to be eligible for membership in the credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.cud.texas.gov/page/bylaw-charter-applications. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-202303860
Michael S. Riepen
Commissioner
Credit Union Department
Filed: October 18, 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 November 30, 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 30, 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: 4JC PARTNERS, LP; DOCKET NUMBER: 2023-0134-WQ-E; IDENTIFIER: RN110597747; LOCATION: Copperas Cove, Lampasas County; TYPE OF FACILITY: construction site; RULES VIOLATED: 30 TAC §281.25(a)(4) and Texas Pollutant Discharge Elimination System (TPDES) General Permit Number TXR15931T, Part III, Section F.2(a)ii, by failing to properly select, install, and maintain control measures according to the manufacturer's or designer's specifications; and 30 TAC §305.125(1), TWC, §26.121(a), and TPDES General Permit Number TXR15931T, Part III, Section F.6(d), by failing to remove accumulations of sediment at a frequency that minimizes off-site impacts; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Shane Glantz, (325) 698-6124; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(2) COMPANY: Big Sky Municipal Utility District; DOCKET NUMBER: 2023-0358-MWD-E; IDENTIFIER: RN109222414; LOCATION: Krum, Denton 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 WQ0015479001, Interim I Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; and 30 TAC §305.125(1) and (17) and §319.7(d) and TPDES Permit Number WQ0015479001, Monitoring and Reporting Requirements Number 1, by failing to timely submit monitoring results at intervals specified in the permit; PENALTY: $4,800; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $3,840; ENFORCEMENT COORDINATOR: Monica Larina, (361) 881-6965; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: CELANESE LTD.; DOCKET NUMBER: 2021-0113-AIR-E; IDENTIFIER: RN100227016; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §101.201(b)(1)(G) and (H) and §122.143(4), Federal Operating Permit (FOP) Number O1893, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 2.F, and Texas Health and Safety Code (THSC), §382.085(b), by failing to identify all required information on the final record for a reportable emissions event; 30 TAC §101.201(c) and §122.143(4), FOP Number O1893, GTC and STC Number 2.F, and THSC, §382.085(b), by failing to submit a final record for a reportable emissions event no later than two weeks after the end of the emissions event; and 30 TAC §116.115(c) and §122.143(4), New Source Review Permit Numbers 52041, 53313, and 55046, Special Conditions Number 1, FOP Numbers O1893 and O1986, GTC and STC Numbers 20 and 29, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $57,641; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $27,309; ENFORCEMENT COORDINATOR: Johnnie Wu, (512) 239-2524; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(4) COMPANY: City of Austin; DOCKET NUMBER: 2021-1043-MWD-E; IDENTIFIER: RN101607901; LOCATION: Austin, Travis County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), Texas Pollutant Discharge Elimination System Permit Number WQ0010543011, Permit Conditions Number 2.g, by failing to prevent the unauthorized discharge of wastewater into or adjacent to any water in the state; and Texas Health and Safety Code, §361.603(b)(2) and TWC, §5.702, by failing to pay outstanding Voluntary Cleanup Program fees for TCEQ Financial Administration Account Number 0901057 for Fiscal Year 2021; PENALTY: $13,125; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $13,125; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5865; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.
(5) COMPANY: City of Sinton; DOCKET NUMBER: 2021-1301-MWD-E; IDENTIFIER: RN101916740; LOCATION: Sinton, San Patricio County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0010055001, Permit Conditions Number 2.g., by failing to prevent the unauthorized discharge of wastewater into or adjacent to any water in the state; PENALTY: $73,125; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $58,500; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5865; REGIONAL OFFICE: 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78412-5839, (361) 881-6900.
(6) COMPANY: DOUBLE DIAMOND, INCORPORATED; DOCKET NUMBER: 2023-0046-WR-E; IDENTIFIER: RN110900651; LOCATION: Cleburne, Johnson County; TYPE OF FACILITY: golf course and residential home site; RULES VIOLATED: 30 TAC §297.11 and §304.15(a) and (b), and TWC, §11.081 and §11.121, by failing to obtain authorization prior to diverting, impounding, storing, taking, or using state water; PENALTY: $4,550; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5865; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: Halawa View Apartments Gp; DOCKET NUMBER: 2022-0539-PWS-E; IDENTIFIER: RN111472874; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(b)(1) and (e)(3), by failing to provide disinfection facilities for the groundwater supply for the purpose of microbiological control and distribution protection; 30 TAC §290.46(e)(4)(A), by failing to operate the facility under the direct supervision of a water works operator who holds a Class D or higher groundwater license; 30 TAC §290.46(n)(1), by failing to maintain at the public water system accurate and up-to-date detailed as-built plans or record drawings and specifications for each treatment plant, pump station, and storage tank until the facility is decommissioned; and 30 TAC §290.46(n)(3), by failing to keep on file copies of well completion data as defined in 30 TAC §290.41(c)(3)(A) for as long as the well remains in service; PENALTY: $5,440; ENFORCEMENT COORDINATOR: Ronica Rodriguez Scott, (361) 881-6990; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: Joe Bland Construction, L.P.; DOCKET NUMBER: 2022-0995-EAQ-E; IDENTIFIER: RN111447017; LOCATION: Florence, Williamson County; TYPE OF FACILITY: quarry; RULES VIOLATED: 30 TAC §213.4(a)(1), by failing to gain approval of an Edwards Aquifer Protection Plan prior to commencing a regulated activity over the Edwards Aquifer Recharge Zone; PENALTY: $15,000; ENFORCEMENT COORDINATOR: Mark Gamble, (512) 239-2587; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.
(9) COMPANY: North Dallas Honey Company, L.P.; DOCKET NUMBER: 2022-0020-WQ-E; IDENTIFIER: RN111348561; LOCATION: McKinney, Collin County; TYPE OF FACILITY: honey processing facility; RULE VIOLATED: TWC, §26.121(a)(1) and (d), by failing to prevent an unauthorized discharge of industrial waste into or adjancent to any water in the state; PENALTY: $2,438; ENFORCEMENT COORDINATOR: Monica Larina, (361) 881-6965; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(10) COMPANY: Rick Hartcraft; DOCKET NUMBER: 2021-1512-AIR-E; IDENTIFIER: RN109129221; LOCATION: Fredericksburg, Gillespie County; TYPE OF FACILITY: rock crusher; RULES VIOLATED: 30 TAC §116.110(a) and Texas Health and Safety Code, §382.0518(a) and §382.085(b), by failing to obtain authorization prior to constructing or modifying a source of air contaminants; PENALTY: $1,625; ENFORCEMENT COORDINATOR: Amanda Diaz, (713) 422-8912; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 492-3096.
TRD-202303815
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: October 13, 2023
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 Texas State 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 Drive, 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.
Amended Notice Issuance Date: October 13, 2023
TRD-202303867
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 18, 2023
APPLICATION AND PRELIMINARY DECISION. Energy Transfer Petrochemical Holdings, LLC, 8111 Westchester Dr. Suite 600, Dallas, Texas 75225, has applied to the Texas Commission on Environmental Quality (TCEQ) for issuance of proposed State Air Quality Permit 170854, issuance of Prevention of Significant Deterioration (PSD) Air Quality Permit PSDTX1614, issuance of Hazardous Air Pollutant Major Source [FCAA §112(g)] Permit HAP81, and issuance of Greenhouse Gas (GHG) PSD Air Quality Permit GHGPSDTX227 for emissions of GHGs, which would authorize construction of the Energy Transfer Petrochemicals Facility located at 2300 North Twin City Highway, Nederland, Jefferson County, Texas 77627. 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. The proposed facility will emit the following air contaminants in a significant amount: carbon monoxide, nitrogen oxides, organic compounds, particulate matter including particulate matter with diameters of 10 microns or less and 2.5 microns or less, sulfur dioxide, sulfuric acid mist, and greenhouse gases. The proposed facility will emit the following air contaminants which are significant for the FCAA §112(g) action: hazardous air pollutants. In addition, the facility will emit the following air contaminants: hydrogen sulfide and ammonia.
The degree of PSD increment predicted to be consumed by the proposed facility and other increment-consuming sources in the area is as follows:
Degree of PSD Increment (.pdf)
This application was submitted to the TCEQ on October 28, 2022. The executive director has determined that the emissions of air contaminants from the proposed facility which are subject to PSD review will not violate any state or federal air quality regulations and will not have any significant adverse impact on soils, vegetation, or visibility. All air contaminants have been evaluated, and "best available control technology" will be used for the control of these contaminants.
The executive director has completed the technical review of the application and prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The permit application, executive director's preliminary decision, draft permit, and the executive director's preliminary determination summary and executive director's air quality analysis, will be available for viewing and copying at the TCEQ central office, the TCEQ Beaumont regional office, and at Marion and Ed Hughes Public Library, 2712 Nederland Avenue, Nederland, Jefferson County, Texas, beginning the first day of publication of this notice. The facility's compliance file, if any exists, is available for public review at the TCEQ Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas.
INFORMATION AVAILABLE ONLINE. These documents are accessible through the Commission's Web site at www.tceq.texas.gov/goto/cid: the executive director's preliminary decision which includes the draft permit, the executive director's preliminary determination summary, air quality analysis, and, once available, the executive director's response to comments and the final decision on this application. Access the Commissioners' Integrated Database (CID) using the above link and enter the permit number for this application. The public location mentioned above provides public access to the internet. 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=-93.999496,29.993133&level=13.
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 30, 2023 at 7:00 p.m.
Nederland Performing Arts Center at Nederland High School
2101 N 18th Street
Nederland, Texas 77627
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.
OPPORTUNITY FOR A CONTESTED CASE HEARING. You may request a contested case hearing regarding the portions of the application for State Air Quality Permit Number 170854, for PSD Air Quality Permit Number PSDTX1614, and for Hazardous Air Pollutant Major Source [FCAA §112(g)] Permit HAP81. There is no opportunity to request a contested case hearing regarding the portion of the application for GHG PSD Air Quality Permit Number GHGPSDTX227. A contested case hearing is a legal proceeding similar to a civil trial in a state district court. A person who may be affected by emissions of air contaminants, other than GHGs, from the facility is entitled to request a hearing. A contested case hearing request must include the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number; (2) applicant's name and permit number; (3) the statement "I/we request a contested case hearing;" (4) a specific description of how you would be adversely affected by the application and air emissions from the facility in a way not common to the general public; (5) the location and distance of your property relative to the facility; (6) a description of how you use the property which may be impacted by the facility; and (7) a list of all disputed issues of fact that you submit during the comment period. If the request is made by a group or association, one or more members who have standing to request a hearing must be identified by name and physical address. The interests the group or association seeks to protect must also be identified. You may also submit your proposed adjustments to the application/permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing within 30 days following this notice to the Office of the Chief Clerk, at the address provided in the information section below.
A contested case hearing will only be granted based on disputed issues of fact or mixed questions of fact and law that are relevant and material to the Commission's decisions on the application. The Commission may only grant a request for a contested case hearing on issues the requestor submitted in their timely comments that were not subsequently withdrawn. Issues that are not submitted in public comments may not be considered during a hearing.
EXECUTIVE DIRECTOR ACTION. The executive director may issue final approval of the application for the portion of the application for GHG PSD Air Quality Permit GHGPSDTX227. If a timely contested case hearing request is not received or if all timely contested case hearing requests are withdrawn regarding State Air Quality Permit Number 170854, for PSD Air Quality Permit Number PSDTX1614, and for Hazardous Air Pollutant Major Source [FCAA §112(g)] Permit HAP81 the executive director may issue final approval of the application. The response to comments, along with the executive director's decision on the application will be mailed to everyone who submitted public comments or is on a mailing list for this application and will be posted electronically to the CID. If any timely hearing requests are received and not withdrawn, the executive director will not issue final approval of the State Air Quality Permit Number 170854, for PSD Air Quality Permit Number PSDTX1614, Hazardous Air Pollutant Major Source [FCAA §112(g)] Permit HAP81 and will forward the application and requests to the Commissioners for their consideration at a scheduled commission meeting.
MAILING LIST. You may ask to be placed on a mailing list to obtain additional information on this application by sending a request to the Office of the Chief Clerk at the address below.
AGENCY CONTACTS AND INFORMATION. Public comments and requests must be submitted either electronically at www14.tceq.texas.gov/epic/eComment/, or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. Please be aware that any contact information you provide, including your name, phone number, email address and physical address will become part of the agency's public record. For more information about this 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 Energy Transfer Petrochemical Holdings LLC at the address stated above or by calling Ms. Celia Chu, Project Manager, Environmental at (713) 989-6428.
Notice Issuance Date: October 12, 2023
TRD-202303872
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 18, 2023
Notice Issued October 16, 2023
APPLICATION AND PRELIMINARY DECISION. City of Round Rock, City of Cedar Park, and City of Austin, 212 East Main Street, Round Rock, Texas 78664, has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0010264002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 40,000,000 gallons per day. A substantial modification to the approved pretreatment program has been included. TCEQ received this application on November 14, 2022.
This combined notice is being issued because the NORI did not include mention of the substantial modification to the approved pretreatment program. The correction is noted in bold.
The facility is located at 3939 East Palm Valley Boulevard, Round Rock, in Williamson County, Texas 78665. The treated effluent is discharged directly to Brushy Creek in Segment No. 1244 of the Brazos River Basin. The designated uses for Segment No. 1244 are primary contact recreation, public water supply (PWS), aquifer protection, and high aquatic life use. Aquifer protection use applies to the contributing, recharge, and transition zones of the Edwards Aquifer; however, this facility's discharge is not located in any of the listed zones. Portions of Segment No. 1244 that are outside of the contributing, recharge, and transition zones of the Edwards Aquifer no longer have the PWS designation in TCEQ's 2022 TSWQS. The EPA accepted this change in a letter to TCEQ dated April 26, 2023. 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=-97.620833,30.526666&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 ordinances which incorporate such revisions. The following treatment work facilities will be subject to the requirements of the pretreatment program: TPDES Permit Nos. WQ0010264001 and WQ0010264002.
The TCEQ Executive Director has completed the technical review of the application and 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 permit application, Executive Director's preliminary decision, draft permit, and pretreatment program substantial modification are available for viewing and copying at the Utilities and Environmental Services Building, 3400 Sunrise Road, Round Rock, Texas.
PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request a public meeting about this application or the 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 application 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 application or 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.
OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material, or significant public comments. Unless the application is directly referred for a contested case hearing, the response to comments will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the Executive Director's decision. There is no opportunity to request a contested case hearing on the application for substantial modification of the pretreatment program. A contested case hearing is a legal proceeding similar to a civil trial in a state district court.
TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, address, phone number; applicant's name and proposed permit number; the location and distance of your property/activities relative to the proposed facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; a list of all disputed issues of fact that you submit during the comment period; and the statement "[I/we] request a contested case hearing." If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group's representative for receiving future correspondence; identify by name and physical address an individual member of the group who would be adversely affected by the proposed facility or activity; provide the information discussed above regarding the affected member's location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group's purpose. Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
The Commission may only grant a request for a contested case hearing on issues the requestor submitted in their timely comments that were not subsequently withdrawn. If a hearing is granted, the subject of a hearing will be limited to disputed issues of fact or mixed questions of fact and law relating to relevant and material water quality concerns submitted during the comment period. TCEQ may act on an application to renew a permit for discharge of wastewater without providing an opportunity for a contested case hearing if certain criteria are met.
EXECUTIVE DIRECTOR ACTION. The Executive Director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the Executive Director will not issue final approval of the permit and will forward the application and request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director's decision, 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.
All written public comments and public meeting requests 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 from the date of newspaper publication of this notice.
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/goto/comment, 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 permit application, the application for substantial modification of 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 the City of Round Rock, City of Cedar Park, and City of Austin at the address stated above or by calling Mr. Michael Thane, P.E., Director, Utilities and Environmental Services, City of Round Rock, at (512) 218-3236.
TRD-202303868
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 18, 2023
Notice issued October 16, 2023
TCEQ Internal Control No. D-08252023-054; 05 Ranch Investments, LLC, a Texas limited liability company, (Petitioner) filed a petition for creation of Burford Ranch Municipal Utility District (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner holds title to a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 232.00 acres located within Williamson County, Texas; and (4) a portion of the land within the proposed District is within the extraterritorial jurisdiction of the City of Coupland. The remainder of the land to be included within the proposed District is within the unincorporated area of Williamson County and is not within the corporate limits or extraterritorial jurisdiction of any city. The petition further states that the proposed District will: (1) design, construct, acquire, maintain, and operate a waterworks and sanitary sewer system for domestic and commercial purposes; (2) design, construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the proposed District; (3) control, abate, and amend local storm waters or other harmful excesses of waters; (4) design, acquire, construct, finance, issue bonds for, operate, maintain, and convey to the state, county, or a municipality for operation and maintenance, roads or any improvement in aid of the roads; and (5) acquire, own, develop, construct, improve, manage, maintain, and operate parks and recreational facilities, and to accomplish the design, construction, acquisition, improvement, maintenance, and operation of such additional facilities, systems, and plants, and enterprises as shall be consonant with all of the purposes for which the proposed District is created. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioners that the cost of said project will be approximately $8,090,000 ($2,850,000 for water and drainage, $3,640,000 for roads, and $1,600,000 for recreational).
The Property is located partially within the extraterritorial jurisdiction of the City of Coupland, Williamson County, Texas (the "City"). In accordance with Local Government Code §42.042 and Texas Water Code §54.016, the Petition states that the Petitioner submitted a petition to the City, requesting the City's consent to the creation of the District. The Petition states that after more than 90 days passed without receiving consent, the Petitioner submitted a petition to the City to provide water and sewer services to the proposed District. The information provided indicates that the 120-day period for reaching a mutually agreeable contract as established by the Texas Water Code §54.016(c) expired and the Petitioner and the City have not executed a mutually agreeable contract for service. Pursuant to Texas Water Code §54.016(d), failure to execute such an agreement constitutes authorization for the Petitioner to initiate proceedings to include the land within the proposed District.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.texas.gov.
TRD-202303866
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 18, 2023
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). 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 30, 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 each 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 30, 2023. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the DO shall be submitted to the commission in writing.
(1) COMPANY: Gerardo Castaneda; DOCKET NUMBER: 2021-0983-MSW-E; TCEQ ID NUMBER: RN111277158; LOCATION: north of United States Highway 62, 21.1 miles west of the intersection with United States Highway 385 in Seminole, Gaines County; TYPE OF FACILITY: municipal solid waste disposal site; RULES VIOLATED: Texas Health and Safety Code, §371.041, 30 TAC §324.4(2)(B) and (C), and 40 Code of Federal Regulations (CFR) §279.43(a), by failing to prevent an unauthorized discharge of used oil; 30 TAC §§324.1, 324.4(1), and 324.15, and 40 CFR §279.22(d), by failing to clean up and manage properly a release of used oil; and 30 TAC §324.11(2), by failing to register with the commission and the United States Environmental Protection Agency prior to conducting used oil and used oil filter activities; PENALTY: $6,203; STAFF ATTORNEY: Casey Kurnath, Litigation, MC 175, (512) 239-5932; REGIONAL OFFICE: Midland Regional Office, 9900 West Interstate Highway 20, Suite 100, Midland, Texas 79706, (432) 570-1359.
(2) COMPANY: SRC Water Supply Inc; DOCKET NUMBER: 2020-1072-PWS-E; TCEQ ID NUMBER: RN101174894; LOCATION: 22 Christi Lane, Krum, Denton County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.106(e), by failing to provide the results of cyanide sampling to the executive director (ED) for the January 1, 2018 - December 31, 2018 monitoring period; 30 TAC §290.108(e), by failing to provide the results of radionuclides sampling to the ED for the January 1, 2013 - December 31, 2018 monitoring period; 30 TAC §290.106(e), by failing to provide the results of nitrite sampling to the ED for the January 1, 2019 - December 31, 2019 monitoring period; 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a Disinfection Level Quarterly Operating Report to the ED by the tenth day of the month following the end of each quarter for the third quarter of 2019 through the first quarter of 2020; and TWC, §5.702 and 30 TAC §290.51(a)(6), by failing to pay Public Health Service fees and/or any associated late fees for TCEQ Financial Administration Account Number 90610016 for Fiscal Years 2017 - 2019; PENALTY: $1,388; STAFF ATTORNEY: Cynthia Sirois, Litigation, MC 175, (512) 239-3392; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: SRC Water Supply Inc; DOCKET NUMBER: 2021-0327-PWS-E; TCEQ ID NUMBER: RN101240331; LOCATION: the dead end of Silver Ridge Drive, Houston, Harris County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.46(m)(4), by failing to maintain all water treatment units, storage and pressure maintenance facilities, distribution system lines, and related appurtenances in a watertight condition and free of excessive solids; and TWC, §5.702 and 30 TAC §290.51(a)(6), by failing to pay annual Public Health Service fees and/or any associated late fees for TCEQ Financial Administration Account Number 91010877 for Fiscal Years 2017 - 2019; PENALTY: $250; STAFF ATTORNEY: Cynthia Sirois, Litigation, MC 175, (512) 239-3392; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(4) COMPANY: SRC Water Supply Inc; DOCKET NUMBER: 2021-0331-PWS-E; TCEQ ID NUMBER: RN102676764; LOCATION: 21318 Binford Circle near Waller, Harris County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.46(f)(2) and (3)(D)(ii), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director upon request; and TWC, §5.702 and 30 TAC §290.51(a)(6), by failing to pay annual Public Health Service fees and/or any associated late fees for TCEQ Financial Administration Account Number 91011551 for Fiscal Years 2018 - 2020; PENALTY: $300; STAFF ATTORNEY: Cynthia Sirois, Litigation, MC 175, (512) 239-3392; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(5) COMPANY: SRC Water Supply Inc; DOCKET NUMBER: 2021-1047-PWS-E; TCEQ ID NUMBER: RN101225753; LOCATION: 0.8 miles south of the intersection of Wolf Lane and State Highway 6 near Valley Mills, McLennan County; TYPE OF FACILITY: public water system; RULES VIOLATED: Texas Health and Safety Code, §341.0315(c) and 30 TAC §290.46(d)(2)(A) and §290.110(b)(4), by failing to maintain a disinfectant residual of at least 0.2 milligrams per liter of free chlorine throughout the distribution system at all times; 30 TAC §290.46(q)(1), by failing to provide a copy of the boil water notice (BWN) to the executive director (ED) within 24 hours after issuance by the facility and a signed Certificate of Delivery to the ED within ten days after issuance of the BWN; 30 TAC §290.44(d) and §290.46(r) and TCEQ Agreed Order Docket Number 2020-0968-PWS-E, Ordering Provision Number 3.a.i., by failing to operate the system to maintain a minimum pressure of 35 pounds per square inch (psi) throughout the distribution system under normal operating conditions and a minimum pressure of 20 psi during emergencies such as firefighting; TWC, §5.702 and 30 TAC §290.51(a)(6), by failing to pay annual Public Health Service fees and/or any associated late fees for TCEQ Financial Administration Account Number 91550139 for Fiscal Years 2018 - 2021; and TWC, §5.702 and 30 TAC §291.76, by failing to pay regulatory assessment fees for the TCEQ Public Utility Account regarding Certificate of Convenience and Necessity Number 12258 for calendar years 2017 - 2021; PENALTY: $5,400; STAFF ATTORNEY: Cynthia Sirois, Litigation, MC 175, (512) 239-3392; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
TRD-202303847
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: October 17, 2023
The Texas Commission on Environmental Quality (TCEQ) has made available for public comment one draft Total Maximum Daily Load (TMDL) for indicator bacteria in Cotton Bayou Tidal, of the Trinity River Basin, within Chambers County.
The purpose of the meeting is to provide the public an opportunity to comment on the draft TMDL in one assessment unit: Cotton Bayou Tidal 0801C_01.
A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses. The commission requests comments on each of the major components of the TMDL: problem definition, endpoint identification, source analysis, linkage analysis, margin of safety, pollutant load allocation, seasonal variation, public participation, and implementation and reasonable assurance.
After the public comment period, TCEQ may revise the draft TMDL if appropriate. The final TMDL will then be considered by the commission for adoption. Upon adoption, the final TMDL and a response to all comments received will be made available on TCEQ’s website. The TMDL will then be submitted to the United States Environmental Protection Agency (EPA) Region 6 office for final action. Upon approval by EPA, the TMDL will be certified as an update to the State of Texas Water Quality Management Plan.
Public Meeting and Testimony. The public meeting for the draft TMDL will be held at the Sam & Carmena Goss Memorial Branch Library, 1 John Hall Dr., Mont Belvieu, Texas 77580, on November 14, 2023, at 6:00 p.m.
Please periodically check https://www.tceq.texas.gov/waterquality/tmdl/nav/124-cottonbayou-bacteria before the meeting date for meeting related updates.
During this meeting, individuals will have the opportunity to present oral statements. An agency staff member will give a brief presentation at the start of the meeting and will be available to answer questions before and after all oral statements have been received.
Written Comments. Please choose one of the methods provided to submit your written comments. Written comments on the draft TMDL may be submitted to Wyatt Eason, Water Quality Planning Division, Texas Commission on Environmental Quality, MC 203, P.O. Box 13087, Austin, Texas, 78711-3087 or faxed to fax4808@tceq.texas.gov. Electronic comments may be submitted to https://tceq.commentinput.com/. File size restrictions may apply to comments submitted via the TCEQ Public Comments system. All written comments must be received at TCEQ by midnight on November 30, 2023 and should reference One Total Maximum Daily Load for Indicator Bacteria in Cotton Bayou Tidal.
For further information regarding the draft TMDL, please contact Wyatt Eason at Wyatt.Eason@tceq.texas.gov. The draft TMDL can be obtained via TCEQ’s website at https://www.tceq.texas.gov/waterquality/tmdl/nav/124-cottonbayou-bacteria.
Persons with disabilities who have special communication or other accommodation needs who are planning to participate in the meeting should contact Wyatt Eason at Wyatt.Eason@tceq.texas.gov. Requests should be made as far in advance as possible.
TRD-202303830
Charmaine Backens
Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: October 13, 2023
The Texas Commission on Environmental Quality (TCEQ) has made available for public comment two draft Total Maximum Daily Loads (TMDLs) for indicator bacteria in Chocolate Bayou, of the San Jacinto-Brazos Coastal Basin within Brazoria and Fort Bend counties.
The purpose of the meeting is to provide the public an opportunity to comment on the draft TMDLs in two assessment units: Chocolate Bayou Tidal 1107_01 and Chocolate Bayou Above Tidal 1108_01.
A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses. The commission requests comments on each of the major components of the TMDL: problem definition, endpoint identification, source analysis, linkage analysis, margin of safety, pollutant load allocation, seasonal variation, public participation, and implementation and reasonable assurance.
After the public comment period, TCEQ may revise the draft TMDLs if appropriate. The final TMDLs will then be considered by the commission for adoption. Upon adoption, the final TMDLs and a response to all comments received will be made available on TCEQ's website. The TMDLs will then be submitted to the United States Environmental Protection Agency (EPA) Region 6 office for final action. Upon approval by EPA, the TMDLs will be certified as an update to the State of Texas Water Quality Management Plan.
Public Meeting and Testimony. The public meeting for the draft TMDLs will be held at the Alvin Public Library, 105 S Gordon St., Alvin, Texas 77511, on November 13, 2023, at 6:30 p.m.
Please periodically check https://www.tceq.texas.gov/waterquality/tmdl/nav/chocolate-bayou before the meeting date for meeting related updates.
During this meeting, individuals will have the opportunity to present oral statements. An agency staff member will give a brief presentation at the start of the meeting and will be available to answer questions before and after all oral statements have been received.
Written Comments. Please choose one of the methods provided to submit your written comments. Written comments on the draft TMDLs may be submitted to Jazmyn Milford, Water Quality Planning Division, Texas Commission on Environmental Quality, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to fax4808@tceq.texas.gov. Electronic comments may be submitted to https://tceq.commentinput.com/. File size restrictions may apply to comments submitted via the TCEQ Public Comments system. All written comments must be received at TCEQ by midnight on November 30, 2023 and should reference Two Total Maximum Daily Loads for Indicator Bacteria in Chocolate Bayou.
For further information regarding the draft TMDLs, please contact Jazmyn Milford at Jazmyn.Milford@tceq.texas.gov. The draft TMDLs can be obtained via TCEQ's website at https://www.tceq.texas.gov/waterquality/tmdl/nav/chocolate-bayou.
Persons with disabilities who have special communication or other accommodation needs who are planning to participate in the meeting should contact Jazmyn Milford at Jazmyn.Milford@tceq.texas.gov. Requests should be made as far in advance as possible.
TRD-202303831
Charmaine Backens
Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: October 13, 2023
The following notice was issued on October 12, 2023:
The following notice does not require publication in a newspaper. Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087 WITHIN (30) DAYS FROM THE DATE THIS NOTICE IS MAILED.
INFORMATION SECTION
Air Liquide Large Industries U.S. LP, which operates Air Liquide - Nederland Air Separation Unit, an air separation facility, has applied for a minor amendment to Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0001595000 to relocate Outfall 002 to the other side of the receiving water body. The draft permit authorizes the discharge of treated cooling tower blowdown, water treatment wastes, floor drain wastewater (i.e., incidental oil/water from equipment within the compressor building and stormwater from the process equipment near the compressor building), and miscellaneous equipment cooling water at a daily average flow not to exceed 175,000 gallons per day via Outfall 002. The facility is located at 5100 North Twin City Highway, near the City of Nederland, Jefferson County, Texas 77627.
TRD-202303865
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 18, 2023
The following notice was issued on October 17, 2023:
The following notice does not require publication in a newspaper. Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087 WITHIN (10) DAYS FROM THE DATE THIS NOTICE IS MAILED.
INFORMATION SECTION
Travis County Municipal Utility District No. 22 has applied for a minor amendment to the Texas Commission on Environmental Quality permit No. WQ0015201001, to authorize a decrease in the daily average flow from 150,000 gallons per day to 100,000 gallons per day in the Interim II phase. The existing permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 450,000 gallons per day via public access subsurface area drip dispersal system with a minimum total surface area of 104.79 acres. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located 3.2 miles west of the intersection of State Highway 71 and Hamilton Pool Road, in Travis County, Texas 78738.
TRD-202303869
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 18, 2023
The following notice was issued on October 17, 2023:
The following notice does not require publication in a newspaper. Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087 WITHIN (30) DAYS FROM THE DATE THIS NOTICE IS MAILED.
INFORMATION SECTION
Tabor Ranch, LLC, and Beall Legacy Partners, L.P. has applied for a minor amendment to the Texas Pollutant Discharge Elimination System Permit No. WQ0016134001 to authorize the revision of the permitted flow in the Interim I and Interim II phases. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility will be located approximately 460 feet southwest of the intersection of George Owens Road and U.S. Highway 380, in Denton County, Texas 76259.
TRD-202303870
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 18, 2023
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on October 11, 2023, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Ursula Retail, LLC dba Pump N Shop 12; SOAH Docket No. 582-23-13319; TCEQ Docket No. 2021-1579-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Ursula Retail, LLC dba Pump N Shop 12 on a date and time to be determined by the Office of the Chief Clerk. The agenda meeting may be held in person in Room 201S of Building E at the Commission's offices located at 12100 Park 35 Circle in Austin, Texas, virtually, or both in person and virtually. To confirm where and how the meeting will be held, please visit the Commissioners' Agenda webpage at https://www.tceq.texas.gov/goto/agendas eight days before the Agenda. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Mehgan Taack, Office of the Chief Clerk, (512) 239-3300.
TRD-202303871
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 18, 2023
BACKGROUND
The Texas Commission on Environmental Quality (TCEQ or commission) is required under the Texas Solid Waste Disposal Act, Texas Health and Safety Code (THSC), Chapter 361, to identify, to the extent feasible, and evaluate facilities which may constitute an imminent and substantial endangerment to public health and safety or to the environment due to a release or threatened release of hazardous substances into the environment. The first registry identifying these sites was published in the January 16, 1987, issue of the Texas Register (12 TexReg 205). Pursuant to THSC, §361.181, the commission must update the state Superfund registry annually to add new facilities that have been proposed for listing in accordance with THSC, §361.184(a) or listed in accordance with THSC, §361.188(a)(1) (see also 30 Texas Administrative Code (TAC) §335.343) or to remove facilities that have been deleted in accordance with THSC, §361.189 (see also 30 TAC §335.344). The current notice also includes facilities where state Superfund action has ended, or where cleanup is being adequately addressed by other means.
SITES LISTED ON THE STATE SUPERFUND REGISTRY
The state Superfund registry identifying those facilities that are listed and have been determined to pose an imminent and substantial endangerment are set out in descending order of Hazard Ranking System (HRS) scores as follows.
1. Col-Tex Refinery. Located on both sides of Business Interstate Highway 20 (United States Highway 80) in Colorado City, Mitchell County: tank farm and refinery.
2. First Quality Cylinders. Located at 931 West Laurel Street, San Antonio, Bexar County: aircraft cylinder rebuilder.
3. Camtraco Enterprises, Inc. Located at 18823 Amoco Drive in Pearland, Brazoria County: fuel storage/fuel blending/distillation.
4. Pioneer Oil Refining Company. Located at 20280 South Payne Road, outside of Somerset, Bexar County: oil refinery.
5. Precision Machine and Supply. Located at 500 West Olive Street, Odessa, Ector County: chrome plating and machine shop.
6. Voda Petroleum Inc. Located approximately 1.25 miles west of the intersection of Farm-to-Market Road (FM) 2275 (George Richey Road) and FM 3272 (North White Oak Road), 2.6 miles north-northeast of Clarksville City, Gregg County: waste oil recycling.
7. Sonics International, Inc. Located north of Farm Road 101, approximately two miles west of Ranger, Eastland County: industrial waste injection wells.
8. Maintech International. Located at 8300 Old Ferry Road, Port Arthur, Jefferson County: chemical cleaning and equipment hydroblasting.
9. Federated Metals. Located at 9200 Market Street, Houston, Harris County: magnesium dross/sludge disposal, inactive landfill.
10. International Creosoting. Located at 1110 Pine Street, Beaumont, Jefferson County: wood treatment.
11. McBay Oil and Gas. Located approximately three miles northwest of Grapeland on Farm Road 1272, Houston County: oil refinery and oil reclamation plant.
12. Materials Recovery Enterprises (MRE). Located about four miles southwest of Ovalo, near United States Highway 83 and Farm Road 604, Taylor County: Class I industrial waste management.
13. Hu-Mar Chemicals. Located north of McGlothlin Road, between the old Southern Pacific Railroad tracks and 12th Street, Palacios, Matagorda County: pesticide and herbicide formulation.
14. American Zinc. Located approximately 3.5 miles north of Dumas on United States Highway 287 and five miles east of Dumas on Farm Road 119, Moore County: zinc smelter.
15. Toups. Located on the west side of Texas 326, 2.1 miles north of its intersection with Texas 105, in Sour Lake, Hardin County: fencepost treating and municipal waste.
16. Harris Sand Pits. Located at 23340 South Texas 16, approximately 10.5 miles south of San Antonio at Von Ormy, Bexar County: commercial sand and clay pit.
17. JCS Company. Located north of Phalba on County Road 2415, approximately 1.5 miles west of the intersection of County Road 2403 and Texas 198, Van Zandt County: lead-acid battery recycling.
18. Jerrell B. Thompson Battery. Located north of Phalba on County Road 2410, approximately one mile north of the intersection of County Road 2410 and Texas 198, Van Zandt County: lead-acid battery recycling.
19. Ballard Pits. Located at the end of Ballard Road (also known as Ballard Lane), west of its intersection with County Road 73, northwest of Robstown, Nueces County: disposal of oil field drilling muds and petroleum wastes.
20. Spector Salvage Yard. Located at Jackson Avenue and Tenth Street, Orange, Orange County: military surplus and chemical salvage yard.
21. Hayes-Sammons Warehouse. Located at Miller Avenue and East Eighth Street, Mission, Hidalgo County: commercial grade pesticide storage.
22. Jensen Drive Scrap. Located at 3603 Jensen Drive, Houston, Harris County: scrap salvage.
23. State Highway 123 PCE Plume. Located near the intersection of State Highway 123 and Interstate Highway 35 in San Marcos, Hays County: contaminated groundwater plume.
24. Baldwin Waste Oil Company. Located on County Road 44 approximately 0.1 mile west of its intersection with Farm Road 1889, Robstown, Nueces County: waste oil processing.
25. Hall Street. Located north of the intersection of 20th Street East with California Street, north of Dickinson, Galveston County: waste disposal and landfill/open field dumping.
26. Unnamed Plating. Located at 6816 - 6824 Industrial Avenue, El Paso, El Paso County: metals processing and recovery.
27. Bailey Metal Processors, Inc. Located at 509 San Angelo Highway (United States Highway 87), in Brady, McCulloch County: scrap metal dealer, primarily conducting copper and lead reclamation.
28. Tricon America, Inc. Located at 101 East Hampton Road, Crowley, Tarrant County: aluminum and zinc smelting and casting.
29. Mineral Wool Insulation Manufacturing Company. Located on Shaw Road at the northwest corner of the city limits of Rogers, Bell County: mineral wool manufacturing.
SITES PROPOSED FOR LISTING ON THE STATE SUPERFUND REGISTRY
Those facilities that may pose an imminent and substantial endangerment and that have been proposed to the state Superfund registry are set out in descending order of HRS scores as follows.
1. Kingsland. Located in the vicinity of the 2100 and 2400 blocks of FM Road 1431 in the community of Kingsland, Llano County: former coin-operated dry cleaning facility.
2. Angus Road Groundwater Site. Located beneath the 4300 block of Angus Road, west of Odessa, Ector County: groundwater plume of unknown source.
3. Industrial Road/Industrial Metals. Located at 3000 Agnes Street in Corpus Christi, Nueces County: lead acid battery recycling and copper coil salvage.
4. Tenaha Wood Treating. Located at 275 County Road 4382, about a mile and a half south of the city limits and near the intersection of United States Highway 96 and County Road 4382, Tenaha, Shelby County: wood treatment.
5. Poly-Cycle Industries, Inc., Tecula. Located northeast of Tecula on the southeast corner of the intersection of FM 2064 and County Road 4216, Cherokee County: lead acid battery recycling.
6. Process Instrumentation and Electrical (PIE). Located at the northwest corner of 48th Street and Andrews Highway (Highway 385) in Odessa, Ector County: chromium plating.
7. Marshall Wood Preserving. Located at 2700 West Houston Street, Marshall, Harrison County: wood treatment.
8. Avinger Development Company (ADCO). Located on the south side of State Highway 155, approximately 0.25 mile east of the intersection with State Highway 49, Avinger, Cass County: wood treatment.
9. Wigginsville Road Groundwater Plume. Located on the eastern edge of the Conroe Oilfield, southeast of Conroe, Montgomery County: groundwater plume of an unknown origin.
10. Moss Lake Road Groundwater Site. Located approximately 0.25 mile north of the intersection of North Moss Lake Road and Interstate Highway 20, approximately four miles east of Big Spring, Howard County: groundwater plume of an unknown source.
11. Cass County Treating Company. Located at 304 Hall Street within the southeastern city limits of Linden, Cass County: wood treatment.
12. Tucker Oil Refinery/Clinton Manges Oil Refinery. Located on the east side of United States Highway 79 in the rural community of Tucker, Anderson County: oil refinery.
13. City View Road Groundwater Plume. Located northwest of the intersection of Interstate Highway 20 and State Highway 158, Midland County: groundwater contamination plume.
14. Scrub-A-Dubb Barrel Company. Located at 1102 North Ash Avenue, and at 1209 North Ash Avenue, Lubbock, Lubbock County: former drum cleaning and reconditioning business.
CHANGES SINCE THE OCTOBER 2022 SUPERFUND REGISTRY PUBLICATION
The commission listed Bailey Metal Processors, Inc. to the state Superfund registry. There were no sites proposed to or deleted from the state Superfund registry since its last publication, in the Texas Register on October 28, 2022 (47 TexReg 7338).
SITES DELETED FROM THE STATE SUPERFUND REGISTRY
The commission has deleted 57 sites from the state Superfund registry.
Aluminum Finishing Company, Harris County;
Archem Company/Thames Chelsea, Harris County;
Aztec Ceramics, Bexar County;
Aztec Mercury, Brazoria County;
Barlow's Wills Point Plating, Van Zandt County;
Bestplate, Inc., Dallas County;
Butler Ranch, Karnes County;
Cox Road Dump Site, Liberty County;
Crim-Hammett, Rusk County;
Dorchester Refining Company, Titus County;
Double R Plating Company, Cass County;
El Paso Plating Works, El Paso County;
EmChem Corporation, Brazoria County;
Force Road Oil, Brazoria County;
Gulf Metals Industries, Harris County;
Hagerson Road Drum, Fort Bend County;
Harkey Road, Brazoria County;
Hart Creosoting, Jasper County;
Harvey Industries, Inc., Henderson County;
Hicks Field Sewer Corp., Tarrant County;
Higgins Wood Preserving, Angelina County;
Hi-Yield, Hunt County;
Houston Lead, Harris County;
Houston Scrap, Harris County;
J.C. Pennco Waste Oil Service, Bexar County;
James Barr Facility, Brazoria County;
Kingsbury Metal Finishing, Guadalupe County;
LaPata Oil Company, Harris County;
Lyon Property, Kimble County;
McNabb Flying Service, Brazoria County;
Melton Kelly Property, Navarro County;
Munoz Borrow Pits, Hidalgo County;
Newton Wood Preserving, Newton County;
Niagara Chemical, Cameron County;
Old Lufkin Creosoting, Angelina County;
Permian Chemical, Ector County;
Phipps Plating, Bexar County;
PIP Minerals, Liberty County;
Poly-Cycle Industries, Ellis County;
Poly-Cycle Industries, Jacksonville, Cherokee County;
Rio Grande Refinery I, Hardin County;
Rio Grande Refinery II, Hardin County;
Rogers Delinted Cottonseed-Colorado City, Mitchell County;
Rogers Delinted Cottonseed-Farmersville, Collin County;
Sampson Horrice, Dallas County;
SESCO, Tom Green County;
Shelby Wood Specialty, Inc., Shelby County;
Sherman Foundry, Grayson County;
Solvent Recovery Services, Fort Bend County;
South Texas Solvents, Nueces County;
State Marine, Jefferson County;
Stoller Chemical Company, Hale County;
Texas American Oil, Ellis County;
Thompson Hayward Chemical, Knox County;
Waste Oil Tank Services, Harris County;
Woodward Industries, Inc., Nacogdoches County; and
Wortham Lead Salvage, Henderson County.
REMOVAL FROM INCLUSION
The Lindsay Post Company Site, located in Alto, Cherokee County, was removed from inclusion on the registry as a site that was proposed for listing in the January 22, 1988, issue of the Texas Register (13 TexReg 427).
How to Access Agency Records
Agency records for these sites may be accessible for viewing or copying by contacting the TCEQ Central File Room (CFR) Customer Service Center, Building E, North Entrance, at 12100 Park 35 Circle, Austin, Texas 78753, phone number (512) 239-2900, fax (512) 239-1850, or e-mail cfrreq@tceq.texas.gov. CFR Customer Service Center staff will assist with providing program area contacts for records not maintained in the CFR. Accessible parking is available on the east side of Building D, located near building ramps, between Buildings D and E. There is no charge for viewing the files, however, copying of file information is subject to payment of a fee.
Inquiries concerning the agency Superfund program records may also be directed to Superfund staff at the Superfund toll-free line (800) 633-9363 or e-mail superfnd@tceq.texas.gov.
TRD-202303816
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: October 13, 2023
Notice of Public Hearing on Proposed Payment Rates for Medicaid Community Hospice and Physician Services, Effective Retroactive to October 1, 2023; and Rate Actions for Emergency Response Services (ERS) rates under STAR+PLUS non-Home and Community-Based Services (HCBS), STAR+PLUS HCBS, Community First Choice (CFC), and Title XX programs, and STAR Kids/STAR Health Medically Dependent Children Program (MDCP) Out-of-Home Respite rates, effective January 1, 2024.
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on November 14, 2023, at 9:00 a.m. (Central Standard Time or CST) to receive public comments on proposed Medicaid and Non-Medicaid payment rates.
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.
Members of the public may attend the rate hearing in person, which will be held in the Public Hearing Room 1.401 in the North Austin Complex Building, 4601 W. Guadalupe St., Austin, Texas 78751, or they may access a live stream of the meeting at https://hhs.texas.gov/about-hhs/communications-events/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 reimbursements.
Proposal. HHSC proposes rate actions for the following services:
Effective October 1, 2023
Payment Rates for Medicaid Community Hospice and Physician Services
Effective January 1, 2024
ERS rates under STAR+PLUS non-HCBS, STAR+PLUS HCBS, CFC, and Title XX programs
STAR Kids/STAR Health MDCP Out-of-Home Respite
Methodology and Justification. The proposed payment rates for hospice care are authorized by Section 1814(i)(1)(C)(ii) of the Social Security Act, which outlines annual increases in payment rates for hospice care services. Federal fiscal year 2024 payment rates for Medicaid Community Hospice for routine home care, continuous home care, inpatient respite care, general inpatient care services, service intensity add-on, and physician services under the Medicaid Hospice Program, will follow the federal hospice payment regulations in Title 42 of the Code of Federal Regulations (CFR), Part 418, Subpart G, effective retroactive to October 1, 2023.
Payment for Physician Services under the Medicaid Hospice Program is aligned with Medicaid hospice rates calculated using the Medicare hospice methodology. Medicaid contractors pay the hospice an amount equivalent to 100 percent of the physician fee schedule for those Physician Services provided in settings other than Medicaid Community Hospice (42 CFR 418.304(b)).
The Provider Finance Department (PFD) proposes revising ERS rates following rate evaluation for these services and the available methodological documentation as part of the biennial fee review. ERS rates have not been updated since September 1, 2008. The current reimbursement methodology established in Title 1 of the Texas Administrative Code (TAC) §355.510, concerning Reimbursement Methodology for Emergency Response Services (ERS), is not supported by current cost reports. PFD Long-term Services and Supports (LTSS) staff performed an informal market study to evaluate current fees for ERS services and reviewed ERS provider's billing information for two recent state fiscal years.
PFD proposes revising STAR Kids/STAR Health MDCP Out-of-Home Respite rates to accommodate changes to the bill code structure effective December 1, 2022, while also maintaining the current methodology of using 77 percent of Resource Utilization Group (RUG) rates, as required by 1 TAC §355.507. STAR Kids/STAR Health MDCP Out-of-Home Respite rates have not been updated since September 1, 2014. The proposed rates were calculated based on the weighted average methodological RUG III rate for Nursing Facilities (NF) and the methodological rates for ventilator and tracheostomy add-ons. The weighted average methodological RUG III rate was calculated using 2018 NF cost report data inflated to the 2024-2025 biennium. Methodological ventilator and tracheostomy add-ons were calculated using the methodology outlined in 1 TAC §355.307 and 2018 NF cost report data inflated to the 2024-2025 biennium.
Briefing Package. A briefing package describing the proposed payment rates will be available at https://pfd.hhs.texas.gov/rate-packets no later than October 27, 2023. Interested parties may obtain a copy of the briefing package before the hearing by contacting HHSC PFD by telephone at (737) 867-7817; by fax at (512) 730-7475; or by email at PFD LTSS@hhs.texas.gov. The briefing package will also be available at the public hearing.
Written Comments. Written comments regarding the proposed payment rates may be submitted instead of, or in addition to, oral testimony until 5:00 p.m. on 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 Department, 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 LTSS@hhs.texas.gov. In addition, written comments may be sent by overnight mail or hand delivered to the Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, North Austin Complex, 4601 W. Guadalupe St., Austin, Texas 78751.
Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact HHSC PFD by calling (512) 730-7401 at least 72 hours before the hearing so appropriate arrangements can be made.
TRD-202303846
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Filed: October 16, 2023
Meeting of Negotiated Rulemaking Committee on Dual Credit
Date of Meeting: November 3, 2023
Start Time of Meeting: 9:30 a.m.
Location: Meeting will be held via video conference. A link to the video conference will be available at https://www.highered.texas.gov/
Additional Information Obtained From: Laurie Frederick, Convener, Laurie.Frederick@highered.texas.gov
Agenda:
1. Introductions
2. Brief Overview of the Negotiated Rulemaking Process: What it is, What it's not
3. Brief Overview of Roles and Responsibilities
a) Role of Facilitator
b) Role of Sponsor Agency
c) Role of Committee Members
4. Consideration and Possible Action to Approve Facilitator
5. Procedural Issues
a) Consideration and Possible Action to Approve Ground Rules
b) Consideration and Possible Action to Approve Definition of Consensus
6. Discussion of Draft Rule Language on Dual Credit
7. Consideration and Possible Action to Approve Proposed Rule Language on Dual Credit
Individuals who may require auxiliary aids or services for this meeting should contact Glenn Tramel, ADA Coordinator, at (512) 427-6193 at least five days before the meeting so that appropriate arrangements can be made.
All persons requesting to address the Committee regarding an item on this agenda should do so in writing at least 24 hours before the start of the meeting at Laurie.Frederick@highered.texas.gov. A toll-free telephone number, free-of-charge video conference link, or other means will be provided by which to do so.
TRD-202303857
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Filed: October 18, 2023
Date of Meeting: November 6, 2023
Start Time of Meeting: 9:30 a.m.
Location: Meeting will be held via video conference. A link to the video conference will be available at https://www.highered.texas.gov/
Additional Information Obtained From: Laurie Frederick, Convener, Laurie.Frederick@highered.texas.gov
Agenda:
1. Introductions
2. Brief Overview of the Negotiated Rulemaking Process: What it is, What it's not
3. Brief Overview of Roles and Responsibilities
a) Role of Facilitator
b) Role of Sponsor Agency
c) Role of Committee Members
4. Consideration and Possible Action to Approve Facilitator
5. Procedural Issues
a) Consideration and Possible Action to Approve Ground Rules
b) Consideration and Possible Action to Approve Definition of Consensus
6. Discussion of Draft Rule Language on Texas Innovative Adult Career Education Grant Program
7. Consideration and Possible Action to Approve Proposed Rule Language on Texas Innovative Adult Career Education Grant Program
Individuals who may require auxiliary aids or services for this meeting should contact Glenn Tramel, ADA Coordinator, at (512) 427-6193 at least five days before the meeting so that appropriate arrangements can be made.
All persons requesting to address the Committee regarding an item on this agenda should do so in writing at least 24 hours before the start of the meeting at Laurie.Frederick@highered.texas.gov. A toll-free telephone number, free-of-charge video conference link, or other means will be provided by which to do so.
TRD-202303856
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Filed: October 18, 2023
The Texas Department of Housing and Community Affairs (TDHCA) announces the opening of a 15-day public comment period for the State of Texas Draft 2023 Consolidated Plan Annual Performance Report - Reporting on Program Year 2022 (the Report) as required by the U.S. Department of Housing and Urban Development (HUD). The Report is required, as part of the overall requirements, governing the State's consolidated planning process. The Report is submitted in compliance with 24 CFR §91.520, Consolidated Plan Submissions for Community Planning and Development Programs. The 15-day public comment period begins Wednesday, November 1, 2022, and continues until 5:00 p.m. Austin Local Time on Wednesday, November 15, 2022.
The Report gives the public an opportunity to evaluate the performance of the past program year for five HUD programs: the Community Development Block Grant Program (CDBG) administered by the Texas Department of Agriculture (TDA), the Housing Opportunities for Persons with AIDS Program (HOPWA) administered by the Texas Department of State Health Services (DSHS), and the Emergency Solutions Grants (ESG), HOME Investment Partnerships, and National Housing Trust Fund programs, administered by TDHCA. The following information is provided for each of the programs covered in the Report: a summary of program resources and programmatic accomplishments; a series of narrative statements on program performance over the past year; a qualitative analysis of program actions and experiences; and a discussion of program successes in meeting program goals and objectives.
In addition, the report provides a summary and analysis of four new HUD funded programs created in response to and to recover from the COVID-19 Pandemic. These new programs are CDBG-CV, ESG-CV, and HOME-ARP administered by TDHCA and HOPWA-CV administered by DSHS.
Beginning November 1, 2023, the Report will be available on the Department's website at http://www.tdhca.state.tx.us/public-comment.htm. A hard copy can be requested by contacting the Housing Resource Center at P.O. Box 13941, Austin, Texas 78711-3941 or by calling (512) 475-3976.
Written comment should be sent by mail to the Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin, Texas 78711-3941, or by email to info@tdhca.state.tx.us.
TRD-202303849
Bobby Wilkinson
Executive Director
Texas Department of Housing and Community Affairs
Filed: October 17, 2023
Woodcrest Apartments is an 80-unit affordable multifamily complex located at 2550 W 8th Street, Odessa, Texas 79763. The site consists of a five residential structures constructed in 1972. The new property - to be known as Woodcrest Apartments - will be 5 residential buildings consisting of twelve 1-bedroom, forty-eight 2-bedroom, and twenty 3-bedroom units for a total of 80 units. Demolition will be completed in February 2024, and all units are anticipated to be reconstructed by October 2025. It is anticipated that all residents will not be permanently displaced as a result of reconstruction occurring over a 24-month period and temporary housing will not exceed 12-months. Funding is provided through Low Income Housing Tax Credit (LIHTC) equity from 42equity Partners with a potential award of HOME American Rescue Plan (HOME-ARP) funding provided by the Texas Department of Housing and Community Affairs, and deferred developer fee and contractor loyalty contribution. All 80 units will remain lower income dwelling units for 45 years from the date of initial occupancy as recorded in the Development's HOME-ARP and LIHTC Land Use Restriction Agreements.
Public Comment Period
Starts at 8:00 a.m. Austin local time on October 27, 2023.
Ends at 5:00 p.m. Austin local time on November 13, 2023.
Comments received after 5:00 p.m. Austin local time on November 13, 2023, will not be accepted.
Written comments may be submitted to:
Texas Department of Housing and Community Affairs
Attn: Carmen Roldan, Woodcrest Apartments
P.O. Box 13941, Austin, Texas 78711-3941
Email: carmen.roldan@tdhca.state.tx.us
Written comments may be submitted in hard copy or email formats within the designated public comment period. Those making public comment are encouraged to reference the specific rule, policy, or plan related to their comment, as well as a specific reference or cite associated with each comment.
Please be aware that all comments submitted to the TDHCA will be considered public information.
Las personas que no pueden hablar, leer, escribir o entender el idioma inglés pueden llamar al (512) 475-3800 o al número de llamada gratuita 800-525-0657 para solicitar asistencia con la traducción de documentos, eventos u otra información del Departamento de Vivienda y Asuntos Comunitarios de Texas (Texas Department of Housing and Community Affairs).
Quédese en la línea y permanezca en silencio durante nuestras indicaciones automatizadas de voz en inglés hasta que un representante responda. El representante lo pondrá en espera y le comunicará con un intérprete para ayudarle con su llamada.
Texas Department of Housing and Community Affairs
Street Address: 221 East 11th Street, Austin, Texas 78701
Mailing Address: P.O. Box 13941, Austin, Texas 78711-3941
Main Number: (512) 475-3800
Toll Free: 1-800-525-0657
Email: info@tdhca.state.tx.us
Web: www.tdhca.state.tx.us
Location of lower-income dwelling units that will be demolished (.pdf)
TRD-202303873
Bobby Wilkinson
Executive Director
Texas Department of Housing and Community Affairs
Filed: October 18, 2023
Application to do business in the state of Texas for Dorchester Insurance Company, Ltd, an alien fire and/or casualty company. The home office is in St. Thomas, Virgin Islands.
Application to do business in the state of Texas for Independence Pet Insurance Company, a foreign fire and/or casualty company. The home office is in Wilmington, Delaware.
Application for Attorneys' Title Guaranty Fund, Inc., a foreign title company, to change its name to Advocus National Title Insurance Company. The home office is in Chicago, Illinois.
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-202303858
Justin Beam
Chief Clerk
Texas Department of Insurance
Filed: October 18, 2023
The Texas Department of Insurance published proposed amendments to 28 TAC §5.9970 and §5.9771 in the October 13, 2023, issue of the Texas Register (48 TexReg 5953). Due to an error by the Texas Register, the figures included in 28 TAC §5.9770(b) were incorrectly identified. The correct text for subsection (b) is as follows:
(b) The Texas Department of Insurance adopts the 2024 [2021] version of the Consumer Bill of Rights - Personal Automobile
Insurance (Auto Bill of Rights), and the Spanish language translation,
as developed and submitted by the Office of Public Insurance Counsel:
Figure 1: 28 TAC §5.9970(b)
[Figure 1: 28 TAC §5.9970(b)]
Figure 2: 28 TAC §5.9970(b)
[Figure 2: 28 TAC §5.9970(b)]
Additionally, the text of Figure 1 included in 28 TAC §5.9971(b) was incorrect due to an error by the agency. The correct text of Figure 1 is as follows:
Figure 1: 28 TAC §5.9971(b) (.pdf)
TRD-202303863
Notice of Public Comment Hearing
A public hearing to receive comments regarding proposed amendments to 16 TAC §402.200 (General Restrictions on the Conduct of Bingo), §402.203 (Unit Accounting), §402.400 (General Licensing Provisions), §402.401 (Temporary License), §402.404 (License Classes and Fees), §402.405 (Temporary Authorization), §402.413 (Military Service Members, Military Veterans, and Military Spouses), §402.420 (Qualifications and Requirements for Conductor's License), §402.451 (Operating Capital), §402.452 (Net Proceeds), §402.503 (Bingo Gift Certificates), §402.600 (Bingo Reports and Payments), §402.706 (Schedule of Sanctions), and §402.707 (Expedited Administrative Penalty Guideline) will be held on Monday, November 13, 2023 at 10:00 a.m., at 1700 N. Congress Ave., Austin, Texas 78701, Stephen F. Austin State Office Building, Room 170.
Persons requiring any accommodation for disability should notify Dorota Bienkowska at (512) 344-5392 or dorota.bienkowska@lottery.state.tx.us at least 72 hours prior to the public hearing.
TRD-202303837
Bob Biard
General Counsel
Texas Lottery Commission
Filed: October 16, 2023
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2540 is "HIGH ROLLER". The play style is "key number match".
1.1 Price of Scratch Ticket Game.
A. The price for Scratch Ticket Game No. 2540 shall be $5.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2540.
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, 05, 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, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, MONEY BAG SYMBOL, DOLLAR BILL SYMBOL, $5.00, $10.00, $20.00, $50.00, $100, $200, $500, $1,000, $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. 2540 - 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 (2540), 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: 2540-0000001-001.
H. Pack - A Pack of the "HIGH ROLLER" 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 "HIGH ROLLER" Scratch Ticket Game No. 2540.
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 "HIGH ROLLER" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose sixty-seven (67) Play Symbols. GAME 1: If a player matches any of the YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If the player reveals a "MONEY BAG" Play Symbol, the player wins DOUBLE the prize for that symbol. If the player reveals a "DOLLAR BILL" Play Symbol, the player wins 5 TIMES the prize for that symbol. GAME 2: If the 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. 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-seven (67) 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-seven (67) 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-seven (67) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the sixty-seven (67) 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: The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or 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. GAME 1 (Ticket Front) - Key Number Match: A non-winning Prize Symbol will never match a winning Prize Symbol.
D. GAME 1 (Ticket Front) - Key Number Match: A Ticket may have up to three (3) matching non-winning Prize Symbols, unless restricted by other parameters, play action or prize structure.
E. GAME 1 (Ticket Front) - Key Number Match: There will be no matching non-winning YOUR NUMBERS Play Symbols on a Ticket.
F. GAME 1 (Ticket Front) - Key Number Match: There will be no matching WINNING NUMBERS Play Symbols on a Ticket.
G. GAME 1 (Ticket Front) - Key Number Match: The "MONEY BAG" (DBL) Play Symbol will only appear on winning Tickets, as dictated by the prize structure.
H. GAME 1 (Ticket Front) - Key Number Match: The "DOLLAR BILL" (WINX5) Play Symbol will only appear on winning Tickets, as dictated by the prize structure.
I. GAME 1 (Ticket Front) - Key Number Match: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 05 and $5).
J. GAME 2 (Ticket Back) - Key Number Match: A non-winning Prize Symbol will never match a winning Prize Symbol.
K. GAME 2 (Ticket Back) - Key Number Match: A Ticket may have up to two (2) matching non-winning Prize Symbols, unless restricted by other parameters, playaction or prize structure.
L. GAME 2 (Ticket Back) - Key Number Match: There will be no matching non-winning YOUR NUMBERS Play Symbols on a Ticket.
M. GAME 2 (Ticket Back) - Key Number Match: There will be no matching WINNING NUMBERS Play Symbols on a Ticket.
N. GAME 2 (Ticket Back) - Key Number Match: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 50 and $50).
O. GAME 2 (Ticket Back) - Key Number Match: No win(s) will appear in GAME 2 on the Ticket back, unless there is at least one (1) win in GAME 1 on the Ticket front.
2.3 Procedure for Claiming Prizes.
A. To claim a "HIGH ROLLER" Scratch Ticket Game prize of $5.00, $10.00, $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 "HIGH ROLLER" Scratch Ticket Game prize of $1,000, $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 "HIGH ROLLER" 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 "HIGH ROLLER" 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 "HIGH ROLLER" 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 7,080,000 Scratch Tickets in Scratch Ticket Game No. 2540. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2540 - 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. 2540 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. 2540, 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-202303848
Bob Biard
General Counsel
Texas Lottery Commission
Filed: October 17, 2023
Request for Proposals for North Central Texas Regional Transit 2.0 Planning for Year 2050
The North Central Texas Council of Governments (NCTCOG) is requesting written proposals from consultant firms for the North Central Texas Regional Transit 2.0 Planning for Year 2050 project. NCTCOG is working with transportation authorities in the North Texas region to increase communication and collaboration among agencies to address expanding transit services to areas with transit needs. A comprehensive transportation partnership study, "Regional Transit 2.0", is being sought to promote communication on a more aggressive transit legislative program, increasing membership in a transportation authority, collaboration between transportation authority systems, as well as other efforts to better understand and address long-term transit needs in the region.
Proposals must be received in-hand no later than 5:00 p.m., Central Time, on Friday, December 1, 2023, to Michael Morris, P.E., Director of Transportation, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 and electronic submissions to TransRFPs@nctcog.org. The Request for Proposals will be available at www.nctcog.org/rfp by the close of business on Friday, October 27, 2023.
NCTCOG encourages participation by disadvantaged business enterprises and does not discriminate on the basis of age, race, color, religion, sex, national origin, or disability.
TRD-202303864
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: October 18, 2023
Notice of a Public Comment Hearing on an Application for a Sand and Gravel Permit
The H. E. Butt Foundation has applied to the Texas Parks and Wildlife Department (TPWD) for an Individual Permit pursuant to Parks and Wildlife Code, Chapter 86, to remove or disturb 1,130 cubic yards of sedimentary material within the East Frio River in Real County. The purpose is to remove eroded sediment within a recreational impoundment. The location is 12.8 miles upstream of the "First Crossing" at Ranch Road 337 E at coordinates 29.846903, -99.675244. Notice is being published and mailed pursuant to 31 TAC §69.105(b).
TPWD will hold a public comment hearing regarding the application at 1:00 p.m. on Friday, November 17, 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 Beth Bendik at (512) 389-8521 or at beth.bendik@tpwd.texas.gov for information on how to participate in the hearing remotely. The hearing is not a contested case hearing under the Texas Administrative Procedure Act. Oral and written public comment will be accepted during the hearing.
Written comments may be submitted directly to TPWD and must be received no later than 30 days after the date of publication of this notice in the Texas Register. A written request for a contested case hearing from an applicant or a person with a justiciable interest may also be submitted and must be received by TPWD prior to the close of the public comment period. Timely hearing requests shall be referred to the State Office of Administrative Hearings. Submit written comments, questions, requests to review the application, or requests for a contested case hearing to the TPWD Sand and Gravel Program by mail: Attn: Beth Bendik, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; or e-mail sand.gravel@tpwd.texas.gov.
TRD-202303802
James Murphy
General Counsel
Texas Parks and Wildlife Department
Filed: October 12, 2023
Notice is given to the public of an application filed with the Public Utility Commission of Texas on October 13, 2023, to relinquish designations as an eligible telecommunications carrier and eligible telecommunications provider under 16 Texas Administrative Code §26.417 and §26.418.
Docket Title and Number: Application of Brazos Telecommunications, Inc. to Relinquish its Eligible Telecommunications Carrier and Eligible Telecommunications Provider Designations, Docket Number 55686.
The Application: On December 31, 2013, Brazos Telecommunications, Inc., a wholly owned subsidiary of Brazos Telephone Cooperative, Inc. was merged into the cooperative with the cooperative being the remaining entity. On January 31, 2014, Brazos Telecommunications, Inc. and Brazos Telephone Cooperative, Inc. filed a joint application to relinquish Brazos Telecommunications, Inc.'s certificate of convenience and necessity and to amend Brazos Telephone Cooperative, Inc.'s certificate to include the exchanges formerly under Brazos Telecommunications, Inc. On July 11, 2014, the Commission approved Joint Application of Brazos Telephone Cooperative, Inc. and Brazos Telecommunications, Inc. for Approval of Sale, Transfer, or Merger and for Amendment to Certificate of Convenience and Necessity, Docket No. 42210. Brazos Telecommunications, Inc. has not had any customers since the merger and seeks relinquishment of its designations as an eligible telecommunications carrier and eligible telecommunications provider, effective July 11, 2014.
Persons who wish to file a motion to intervene or comments on the application should contact the commission as an intervention deadline will be imposed. A comment or request to intervene should be mailed to P.O. Box 13326, Austin, Texas 78711‑3326, or by phone at (512) 936‑7120 or toll-free at (888) 782-8477. Hearing and speech‑impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 55686.
TRD-202303859
Andrea Gonzalez
Rules Coordinator
Public Utility Commission of Texas
Filed: October 18, 2023
Public Transportation Division - Notice of Call for Projects
The Texas Department of Transportation (department) announces a Call for Projects for:
1. Statewide Planning Assistance - 49 U.S.C. §5304, 43 Texas Administrative Code (TAC) §31.22
2. Rural Transportation Assistance - 49 U.S.C. §5311(b)(3), 43 TAC §31.37
3. Rural Discretionary Program - 49 U.S.C. §5311, 43 TAC §31.36
4. Intercity Bus - 49 U.S.C. §5311(f), 43 TAC §31.36
These public transportation projects will be funded through the Federal Transit Administration (FTA) §5304, §5311(b)(3), §5311, and §5311(f) programs. It is anticipated that multiple projects from multiple funding programs will be selected for State Fiscal Years 2025 and 2026. Project selection will be administered by the Public Transportation Division. Selected projects will be awarded in the form of grants with payments made for allowable reimbursable expenses or for defined deliverables. Successful applicants will become subrecipients of the department.
Information and instructions regarding the call for projects will be posted on the Public Transportation Division website at https://www.txdot.gov/inside-txdot/division/public-transportation/local-assistance.html
Purpose: The Call for Projects invites applications for services to develop, promote, coordinate, or support public transportation. Applications submitted for funding should reflect projects that will:
-assist small urban and rural transit agencies to develop projects and strategies to further meet the transportation needs of local residents using current program resources;
-design and implement training and technical assistance projects and other support services tailored to meet the specific needs of transit operators in rural areas;
-assist public transportation providers in rural areas to provide passenger transportation services to the general public using the most efficient combination of knowledge, materials, resources, and technology; or
-support connections, services, and infrastructure to meet the intercity mobility needs of residents in rural areas.
Eligible Applicants: Eligible applicants may include state agencies, local public bodies and agencies thereof, private nonprofit organizations, operators of public transportation services, state transit associations, transit districts, and private for-profit operators, dependent on federal program. Eligible applicants for each program are defined in the applicable Texas Administrative Code provision listed above.
Key Dates and Deadlines:
October 27, 2023: Opportunity opens in IGX
December 15, 2023: Deadline for submitting written questions
January 19, 2024: Deadline for receipt of applications
June 27, 2024: Target date for presentation of project selection recommendations to the Texas Transportation Commission for action
September 1, 2024: Target date for most year 1 project grant agreements to be executed
Questions: Individuals with questions relating to the Call for Projects should email PTN_ProgramMgmt@txdot.gov.
TRD-202303789
Becky Blewett
Deputy General Counsel
Texas Department of Transportation
Filed: October 11, 2023