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, §303.005, and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/08/24 - 04/14/24 is 18.00% for consumer1 credit.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/08/24 - 04/14/24 is 18.00% for commercial2 credit.
The monthly ceiling as prescribed by §303.0053 and §303.009 for the period of 04/01/24 - 04/30/24 is 18.00%.
1 Credit for personal, family, or household use.
2 Credit for business, commercial, investment, or other similar purpose.
3 Only for variable rate commercial transactions, as provided by §303.004(a).
TRD-202401391
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: April 3, 2024
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 May 13, 2024. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 13, 2024. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission's enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the AOs shall be submitted to the commission in writing.
(1) COMPANY: 1943 SWEETWATER ROAD, LLC; DOCKET NUMBER: 2022-0601-PWS-E; IDENTIFIER: RN110591138; LOCATION: Port Lavaca, Calhoun County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.45(c)(1)(A)(i) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a well capacity of 1.0 gallons per minute per unit; 30 TAC §290.45(c)(1)(A)(ii) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of ten gallons per unit with a minimum of 220 gallons; and 30 TAC §290.41(c)(3)(A), by failing to submit well completion data for review and approval prior to placing the facility's public drinking water well into service; PENALTY: $550; ENFORCEMENT COORDINATOR: Ronica Rodriguez Scott, (361) 881-6990; REGIONAL OFFICE: 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401, (361) 881-6900.
(2) COMPANY: Aqua Texas, Incorporated; DOCKET NUMBER: 2022-1105-PWS-E; IDENTIFIER: RN100843143; LOCATION: Leander, Travis County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.44(d) and §290.46(r), by failing to provide a minimum pressure of 35 pounds per square inch (psi) throughout the distribution system under normal operating conditions and 20 psi during emergencies such as firefighting; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Corinna Willis, (512) 239-2504; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(3) COMPANY: Aqua Texas, Incorporated; DOCKET NUMBER: 2022-1205-PWS-E; IDENTIFIER: RN102681079; LOCATION: Magnolia, Montgomery County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.44(d) and §290.46(r), by failing to provide a minimum pressure of 35 pounds per square inch (psi) throughout the distribution system under normal operating conditions and 20 psi during emergencies such as firefighting; 30 TAC §290.45(b)(1)(D)(i) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a well capacity of 0.6 gallons per minute per connection; 30 TAC §290.45(b)(1)(D)(iv) and THSC, §341.0315(c), by failing to provide an elevated storage capacity of 100 gallons per connection; 30 TAC §290.46(f)(2) and (3)(A)(iv), and (vi), by failing to maintain water works operation and maintenance records and make them readily available for review by the Executive Director upon request; 30 TAC §290.118(a) and (b), by failing to meet the maximum secondary constituent level for color of 15 color units; and 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the facility will use to comply with the monitoring requirements; PENALTY: $9,939; ENFORCEMENT COORDINATOR: Ashley Lemke, (512) 239-1118; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(4) COMPANY: Aqua Texas, Incorporated; DOCKET NUMBER: 2023-1180-PWS-E; IDENTIFIER: RN101233534; LOCATION: Baytown, Chambers County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.45(b)(1)(D)(iv) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide an elevated storage capacity of 100 gallons per connection; 30 TAC §290.46(d)(2)(B) and §290.110(b)(4) and THSC, §341.0315(c), by failing to maintain a disinfectant residual of at least 0.5 milligrams per liter of chloramine throughout the distribution system at all times; and 30 TAC §290.46(e)(4)(c) and THSC, §341.033(a), by failing to operate the facility under the direct supervision of at least two water works operators who hold a Class C or higher groundwater license who work at least 16 hours per month; PENALTY: $13,466; ENFORCEMENT COORDINATOR: Christiana McCrimmon, (512) 239-2811; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(5) COMPANY: Aqua Texas, Incorporated; DOCKET NUMBER: 2022-0862-PWS-E; IDENTIFIER: RN102678968; LOCATION: Fresno, Fort Bend County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(j) and Texas Health and Safety Code, §341.0351, by failing to notify the Executive Director prior to making any significant change or addition to the system's production, treatment, storage, pressure maintenance, or distribution facilities; PENALTY: $3,060; ENFORCEMENT COORDINATOR: Wyatt Throm, (512) 239-1120; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(6) COMPANY: City of Bogata; DOCKET NUMBER: 2022-1592-MWD-E; IDENTIFIER: RN101721157; LOCATION: Bogata, Red River 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 WQ0010065001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $3,188; ENFORCEMENT COORDINATOR: Kolby Farren, (512) 239-2098; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(7) COMPANY: City of Dumas; DOCKET NUMBER: 2022-0783-MWD-E; IDENTIFIER: RN101921005; LOCATION: Dumas, Moore 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 WQ0015273001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $42,625; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $34,100; ENFORCEMENT COORDINATOR: Taylor Williamson, (512) 239-2097; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(8) COMPANY: City of Gorman; DOCKET NUMBER: 2023-1188-PWS-E; IDENTIFIER: RN101198794; LOCATION: Gorman, Eastland County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.080 milligrams per liter for total trihalomethanes, based on the locational running annual average; PENALTY: $3,300; ENFORCEMENT COORDINATOR: Dalton Wallace, (512) 239-6704; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(9) COMPANY: City of Maud; DOCKET NUMBER: 2021-0991-MWD-E; IDENTIFIER: RN103138202; LOCATION: Maud, Bowie County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0014025001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $15,187; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $12,150; ENFORCEMENT COORDINATOR: Samantha Smith, (512) 239-2099; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(10) COMPANY: City of Rose City; DOCKET NUMBER: 2022-0017-PWS-E; IDENTIFIER: RN102676269; LOCATION: Rose City, Orange County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.41(c)(3)(O), by failing to protect all well units with an intruder-resistant fence with a lockable gate or enclose the well in a locked and ventilated well house to exclude possible contamination or damage to the facilities by trespassers; 30 TAC §290.41(e)(2)(C), by failing to establish a restricted zone of 200 feet radius from the raw water intake works prohibiting all recreational activities and trespassing, designated with signs recounting these restrictions; 30 TAC §290.42(d)(3)(A), by failing to have the recycle stream returned to the raw waterline upstream of the raw water sample tap; 30 TAC §290.42(d)(13), by failing to identify the influent, effluent, waste backwash, and chemical feed lines by the use of labels every five feet or various colors of paint; 30 TAC §290.42(e)(3)(F), by failing to provide both pretreatment disinfection and post-disinfection; 30 TAC §290.42(e)(4)(A), by failing to provide a small bottle of fresh ammonia solution for testing for chlorine leakage which is readily accessible outside the chlorinator room and immediately available to the operator in the event of an emergency; 30 TAC §290.42(e)(7)(A)(i), by failing to have the ammonia injection point downstream of the chlorine injection point; 30 TAC §290.42(f)(1)(E)(ii), by failing to provide adequate containment facilities for all liquid chemical storage tanks; 30 TAC §290.42(f)(1)(E)(ii)(IV), by failing to provide separate containment facilities for chemicals that are incompatible; 30 TAC §290.43(c)(2), by failing to ensure that the facility's clearwell hatch remains locked except during inspections and maintenance; 30 TAC §290.45(b)(2)(B), by failing to provide a treatment plant capacity of 0.6 gallons per minute per connection under normal rated design flow; 30 TAC §290.46(d)(2)(B) and §290.110(b)(4) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to maintain a disinfectant residual of at least 0.5 milligrams per liter of total chlorine throughout the distribution system at all times; 30 TAC §290.46(e)(6)(A) and THSC, §341.033(a), by failing to use at least one operator who holds a Class B or higher surface water license who, if used part-time, is completely familiar with the design and operation of the plant and spends at least four consecutive hours at the plant at least once every 14 days and the system also uses an operator who holds a Class C or higher surface water license; 30 TAC §290.46(e)(6)(C), by failing to ensure that each surface water treatment plant has at least one Class C or higher surface water operator on duty at the plant when it is in operation or provide the plant with continuous turbidity and disinfectant residual monitors with automatic plant shutdown and alarms to summon operators so as to ensure that the water produced continues to meet the commission's drinking water standards during periods when the plant is not staffed; 30 TAC §290.46(f)(2) and (3)(A)(i) and (ii)(I), (iii) and (iv), (B)(v), and (C)(iv), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director (ED) upon request; 30 TAC §290.46(i), by failing to adopt an adequate plumbing ordinance, regulations, or service agreement with provisions for proper enforcement to ensure that neither cross-connections nor other unacceptable plumbing practices are permitted; 30 TAC §290.46(j), by failing to complete a Customer Service Inspection certificate prior to providing continuous service to new construction or any existing service when the water purveyor has reason to believe cross-connections or other potential contamination hazards exist, or after any material improvements, corrections or additions to the private water distribution facilities; 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(m)(1)(A), by failing to inspect the facility's elevated storage tank and two clearwells annually; 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; 30 TAC §290.46(m)(6), by failing to maintain all pumps, motors, valves, and other mechanical devices in good working condition; 30 TAC §290.46(p)(2), by failing to provide the ED with a list of all the operators and operating companies that the public water system uses on an annual basis; 30 TAC §290.46(s)(1), by failing to calibrate the raw water, recycled decant, backwash source, and treated water flow meters at least once every 12 months; 30 TAC §290.46(s)(2)(A)(i) and (ii), by failing to calibrate the facility's benchtop pH meter according to the manufacturer specifications at least once each day and check with at least one buffer each time a series of samples is run; 30 TAC §290.46(s)(2)(A)(iii), by failing to calibrate the on-line pH meters at least once every 30 days and check at least once each week with a primary standard or by comparing results from the on-line unit with the results from the properly calibrated benchtop unit; 30 TAC §290.46(s)(2)(B), by failing to properly calibrate benchtop and on-line turbidimeters with primary standards at least once every 90 days; 30 TAC §290.46(s)(2)(C)(i), by failing to verify the accuracy of the manual disinfectant residual analyzer at least once every 90 days using chlorine solutions of known concentrations; 30 TAC §290.46(s)(2)(C)(ii), by failing to verify the accuracy of the facility's continuous disinfectant residual analyzer at least once every seven days with a chlorine solution of known concentration or by comparing the results from the on-line analyzer with the result of approved benchtop method; 30 TAC §290.46(v), by failing to ensure that the electrical wiring is securely installed in compliance with a local or national electrical code; 30 TAC §290.110(c), by failing to monitor the performance of the disinfection facilities at sites designated in the public water system's monitoring plan; 30 TAC §290.110(c)(5), by failing to conduct chloramine effectiveness sampling to ensure that monochloramine is the prevailing chloramine species and that nitrification is controlled; 30 TAC §290.111(d)(2)(A), by failing to measure the disinfection residual, pH, temperature, and flow rate of the water in each disinfection zone at least once each day during a time when peak hourly flow rates are occurring for seven days in the month of October 2021 and one day in the month of November 2021; 30 TAC §290.111(d)(2)(B), by failing to ensure that the disinfection contact time used by the facility is based on tracer study data or a theoretical analysis approved by the ED and the actual flow rate that is occurring at the time that monitoring occurs; 30 TAC §290.111(e)(1)(A) and (h)(1) and THSC, §341.0315(c), by failing to achieve a turbidity level of combined filter effluent (CFE) that is less than 1.0 nephelometric turbidity unit (NTU) and consult with the ED within 24 hours after having a turbidity level exceeding 1.0 NTU in the CFE; 30 TAC §290.111(e)(3)(B), by failing to properly monitor the turbidity level of the CFE at least every four hours that the system serves water to the public; 30 TAC §290.111(e)(3)(C), by failing to continuously monitor the filtered water turbidity at the effluent of each individual filter and record the turbidity every 15 minutes; 30 TAC §290.111(e)(5)(C)(iii), by failing to conduct grab sampling every four hours in the event the facility's continuous turbidity monitoring equipment malfunctions, but not for more than 14 working days; 30 TAC §290.111(h)(2), by failing to submit properly completed Surface Water Monthly Operating Reports with the required turbidity and disinfectant residual data to the ED; 30 TAC §290.119(b)(7), by failing to use an acceptable analytical method for disinfectant analysis; 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the facility will use to comply with monitoring requirements; 30 TAC §290.122(b)(3)(A) and (f), by failing to provide public notification and submit a copy of the public notification, accompanied with a signed Certificate of Delivery, to the ED regarding the failure to comply with the maximum contaminant level for haloacetic acids during the fourth quarter of 2019; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification, accompanied with a signed Certificate of Delivery, to the ED regarding the failure to conduct water quality parameter sampling at each of the facility's entry points and the required distribution sample sites, have the samples analyzed, and report the results to the ED for the January 1, 2019 - June 30, 2019, monitoring period; and 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st for each year, and failing to submit to the TCEQ by July 1st for each year a copy of the annual CCR and certification that the CCR has been; PENALTY: $38,263; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $30,611; ENFORCEMENT COORDINATOR: Samantha Salas, (512) 239-1543; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(11) COMPANY: City of Tahoka; DOCKET NUMBER: 2022-1090-PWS-E; IDENTIFIER: RN101234847; LOCATION: Tahoka, Lynn County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.43(c)(4), by failing to provide the elevated storage tank (EST) with a liquid level indicator calibrated in feet of water; 30 TAC §290.46(m)(1)(A), by failing to inspect the facility's EST annually; and 30 TAC §290.110(c)(5), by failing to conduct chloramine effectiveness sampling to ensure that monochloramine is the prevailing chloramine species and that nitrification is controlled; PENALTY: $797; ENFORCEMENT COORDINATOR: Ronica Rodriguez Scott, (361) 881-6990; REGIONAL OFFICE: 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401, (361) 881-6900.
(12) COMPANY: City of Teague; DOCKET NUMBER: 2024-0126-MWD-E; IDENTIFIER: RN101607935; LOCATION: Teague, Freestone County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §21.4 and TWC, §5.702, by failing to pay associated late fees for TCEQ Financial Administration account Number 23001862; and 30 TAC §305.121(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0010300003, Interim Effluent Limitations and Monitoring Requirements Numbers 1, 3, and 6, by failing to comply with permitted effluent limitations; PENALTY: $15,412; ENFORCEMENT COORDINATOR: Taylor Williamson, (512) 239-2097; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(13) COMPANY: CSWR-Texas Utility Operating Company, LLC; DOCKET NUMBER: 2023-0483-PWS-E; IDENTIFIER: RN101264372; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.106(f)(3)(C) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.100 milligrams per liter for chromium based on a running annual average; PENALTY: $2,550; ENFORCEMENT COORDINATOR: Daphne Greene, (903) 535-5157; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(14) COMPANY: Duval County Conservation and Reclamation District; DOCKET NUMBER: 2022-0937-PWS-E; IDENTIFIER: RN101390672; LOCATION: Benavides, Duval County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.106(f)(3)(C) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.010 milligrams per liter for arsenic based on a running annual average; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Nick Lohret-Froio, (512) 239-4495; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(15) COMPANY: Johnny Baulch Sandpit, L.L.C.; DOCKET NUMBER: 2023-0510-WQ-E; IDENTIFIER: RN104316781; LOCATION: Hitchcock, Galveston County; TYPE OF FACILITY: aggregate production operation (APO); RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to maintain authorization to discharge stormwater associated with industrial activities; and 30 TAC §342.25(d), by failing to renew the APO registration annually as regulated activities continued; PENALTY: $46,000; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $18,400; ENFORCEMENT COORDINATOR: Monica Larina, (361) 881-6965; REGIONAL OFFICE: 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401, (361) 881-6900.
(16) COMPANY: LOVE'S TRAVEL STOPS and COUNTRY STORES, INCORPORATED and SUNNYLAND DEVELOPMENT, INCORPORATED; DOCKET NUMBER: 2023-0701-MWD-E; IDENTIFIER: RN110876042; LOCATION: Winona, Smith 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 WQ0015832001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $12,937; ENFORCEMENT COORDINATOR: Mistie Gonzales, (254) 761-3056; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(17) COMPANY: LUFKIN LLC dba Gas N Go; DOCKET NUMBER: 2022-0619-PST-E; IDENTIFIER: RN102355864; LOCATION: Lufkin, Angelina County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c), §334.50(b)(1)(B) and (2)(A)(i)(III) and TWC, §26.3475(a) and (c)(1), by failing to conduct effective inventory control procedures for all underground storage tanks (USTs) involved in the retail sale of petroleum substances used as motor fuel, and failing to monitor the UST installed on or after January 1, 2009, in a manner which will detect a release at a frequency of at least once every 30 days by using interstitial monitoring, also, failing to test the line leak detector for performance and operational reliability at least once per year; 30 TAC §334.48(g)(1)(A)(ii), (h)(1)(A) and (B) and TWC, §26.3475(c)(1) and (2), by failing to test the spill prevention equipment at least once every three years to ensure that the equipment is liquid tight, also, failing to inspect the overfill prevention equipment at least once every three years to ensure that the overfill prevention equipment is set to activate at the correct level, in addition, failing to conduct a walkthrough inspection of the spill prevention equipment and release detection equipment every 30 days, and furthermore, failing to conduct the annual inspection of the containment sumps for regulated substance releases in the containment sump and the environment; and 30 TAC §334.49(c)(4)(C) and TWC, §26.3475(d), by failing to have the corrosion protection system tested for operability and adequacy of protection at a frequency of at least once every three years; PENALTY: $7,876; ENFORCEMENT COORDINATOR: Tiffany Chu, (817) 588-5891; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(18) COMPANY: Mansfield Service Partners South, LLC; DOCKET NUMBER: 2023-1392-PST-E; IDENTIFIER: RN102042512; LOCATION: Houston, Harris County; TYPE OF FACILITY: fleet fueling facility; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued underground storage tank (UST) delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; and 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the USTs in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $7,875; ENFORCEMENT COORDINATOR: Celicia Garza, (210) 657-8422; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 492-3096.
(19) COMPANY: Samsung Austin Semiconductor, LLC; DOCKET NUMBER: 2021-0934-MLM-E; IDENTIFIER: RN100518026; LOCATION: Austin, Travis County; TYPE OF FACILITY: semiconductor fabrication plant; RULES VIOLATED: 30 TAC §116.110(a) and §122.143(4), Federal Operating Permit Number O4088, General Terms and Conditions, 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; and TWC, §26.121(a)(1), by failing to prevent an unauthorized discharge of industrial wastewater into or adjacent to any water in the state; PENALTY: $186,326; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $93,163; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(20) COMPANY: Stay A While RV Park LLC; DOCKET NUMBER: 2022-0467-PWS-E; IDENTIFIER: RN105374755; LOCATION: Murchison, Henderson County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(l), by failing to compile and maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.44(h)(1)(A), by failing to ensure additional protection was provided at all residences or establishments where an actual or potential contamination hazard exists in the form of an air gap or backflow prevention assembly, as identified in 30 TAC §290.47(f); 30 TAC 290.45(b)(1)(C)(i) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a well capacity of 0.6 gallons per minute (gpm) per connection; 30 TAC §290.45(b)(1)(C)(ii) and THSC, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; 30 TAC §290.45(b)(1)(C)(iii) and THSC, §341.0315(c), by failing to provide two or more pumps having a total capacity of 2.0 gpm per connection at each pump station or pressure plane; 30 TAC §290.45(b)(1)(C)(iv) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 20 gallons per connection; 30 TAC §290.46(e)(4)(A) and THSC, §341.033(a), by failing to operate the facility under the direct supervision of a water works operator who holds a minimum of a Class D or higher groundwater license; 30 TAC §290.46(f)(2) and (3)(A)(iii), (iv), and (vi), by failing to maintain water works operation and maintenance records and make them readily available for review by the Executive Director upon request; 30 TAC §290.46(i), by failing to adopt an adequate plumbing ordinance, regulations, or service agreement with provisions for proper enforcement to ensure that neither cross-connections nor other unacceptable plumbing practices are permitted; 30 TAC §290.46(m)(1)(A), by failing to inspect the facility's ground storage tank annually; 30 TAC §290.46(m)(1)(B), by failing to inspect the facility's pressure tank annually; 30 TAC §290.46(n)(2), by failing to make available an accurate and up-to-date map of the distribution system so that valves and mains can be easily located during emergencies; 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; 30 TAC §290.46(s)(1), by failing to calibrate the facility's well meter at least once every three years; 30 TAC §290.46(s)(2)(C)(i), by failing to verify the accuracy of the manual disinfectant residual analyzer at least once every 90 days using chlorine solutions of known concentrations; and 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the public water system will use to comply with the monitoring requirements; PENALTY: $8,677; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 881-6991; REGIONAL OFFICE: 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401, (361) 881-6900.
(21) COMPANY: Union Buying and Selling Agency LLC dba Sunny Food Store; DOCKET NUMBER: 2022-1559-PST-E; IDENTIFIER: RN101436327; LOCATION: Grand Prairie, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b)(2), by failing to assure that all underground storage tank (UST) recordkeeping requirements are met; and 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $3,344; ENFORCEMENT COORDINATOR: Stephanie McCurley, (512) 239-2607; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
TRD-202401365
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: April 2, 2024
The public meeting previously scheduled for April 9, 2024, regarding 705 Limmerloop JV LLC; Proposed Permit No. WQ0016260001, has been cancelled. The public meeting will be rescheduled for a later date.
TRD-202401322
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 1, 2024
APPLICATION. Gonzalez Brothers Batch Plant, LP, has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit, Registration No. 174578, which would authorize construction of a permanent concrete batch plant located using the following driving directions, from the intersection of Hodgins Road and Central Expressway Service Road, travel South for approximately 0.2 miles to find the site entrance on the right, in Van Alstyne, Grayson County, Texas 75495. 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=-96.604487,33.447852&level=13. The proposed facility will emit the following air contaminants: particulate matter including (but not limited to) aggregate, cement, road dust, and particulate matter with diameters of 10 microns or less and 2.5 microns or less.
This application was submitted to the TCEQ on November 9, 2023. The executive director has completed the administrative and technical reviews of the application and determined that the application meets all of the requirements of a standard permit authorized by 30 TAC § 116.611, which would establish the conditions under which the plant must operate. The executive director has made a preliminary decision to issue the registration because it meets all applicable rules.
PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments to the Office of the Chief Clerk at the address below. The TCEQ will consider all public comments in developing a final decision on the application. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. A public meeting is not a contested case hearing under the Administrative Procedure Act. During the Informal Discussion Period, the public will be encouraged to ask questions of the applicant and TCEQ staff concerning the permit application. The comments and questions submitted orally during the Informal Discussion Period will not be considered before a decision is reached on the permit application, and no formal response will be made. Responses will be provided orally during the Informal Discussion Period. During the Formal Comment Period on the permit application, members of the public may state their formal comments orally into the official record. At the conclusion of the comment period, all formal comments will be considered before a decision is reached on the permit application. A written response to all formal comments will be prepared by the executive director and will be sent to each person who submits a formal comment or who requested to be on the mailing list for this permit application and provides a mailing address. Only relevant and material issues raised during the Formal Comment Period can be considered if a contested case hearing is granted on this permit application.
The Public Meeting is to be held:
Thursday, May 2, 2024 at 7:00 p.m.
Kidd-Key Auditorium
400 Elm Street
Sherman, Texas 75090
INFORMATION. Members of the public are encouraged to submit written comments anytime during the public meeting or by mail before the close of the public comment period to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at https://www14.tceq.texas.gov/epic/eComment/. If you need more information about the permit application or the permitting process, please call the TCEQ Public Education Program, toll free, at (800) 687-4040. General information can be found at our Web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040.
INFORMATION AVAILABLE ONLINE. For details about the status of the application, visit the Commissioners' Integrated Database (CID) at www.tceq.texas.gov/goto/cid. Once you have access to the CID using the link, enter the permit number at the top of this form.
The application, executive director's preliminary decision, and standard permit will be available for viewing and copying at the TCEQ central office, the TCEQ Dallas/Fort Worth regional office, and at Van Alstyne Public Library, 151 West Cooper Street, Van Alstyne, Grayson County, Texas 75495. The facility's compliance file, if any exists, is available for public review at the TCEQ Dallas/Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas. Visit www.tceq.texas.gov/goto/cbp to review the standard permit. Further information may also be obtained from Gonzalez Brothers Batch Plant, LP, P.O. Box 29955, Dallas, Texas 75229-0955 or by calling Ms. Deissy De La Rosa, Administrative Assistant at (214) 991-2130.
Persons with disabilities who need special accommodations at the meeting should call the Office of the Chief Clerk at (512) 239-3300 or (800) RELAY-TX (TDD) at least five business days prior to the meeting.
Notice Issuance Date: March 28, 2024
TRD-202401394
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 3, 2024
An agreed order was adopted regarding Gary Garnett, Docket No. 2022‑1443‑OSS‑E on April 2, 2024, assessing $1,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Georgette Oden, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
TRD-202401398
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 3, 2024
An agreed order was adopted regarding Lazy River RV & Trailer Park, LLC, Docket No. 2020‑0876‑PWS‑E on March 28, 2024 assessing $11,181 in administrative penalties with $2,236 deferred. Information concerning any aspect of this order may be obtained by contacting Daphne Greene, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding SIRBAN USA ENTERPRISE INC dba SK Quick Mart, Docket No. 2021‑0381‑PST‑E on March 28, 2024 assessing $7,875 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ben Warms, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Southern Montgomery County Municipal Utility District, Docket No. 2021‑0767‑MWD‑E on March 28, 2024 assessing $21,250 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Madison Stringer, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding City of Milford, Docket No. 2021‑0886‑MWD‑E on March 28, 2024 assessing $47,400 in administrative penalties with $9,480 deferred. Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding City of Clifton, Docket No. 2021‑1201‑MWD‑E on March 28, 2024 assessing $20,185 in administrative penalties with $4,037 deferred. Information concerning any aspect of this order may be obtained by contacting Mark Gamble, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
A default order was adopted regarding Raymond Lemons, Sr. and Gaynell Lemons, Docket No. 2021‑1300‑MSW‑E on March 28, 2024 assessing $26,250 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Taylor Pack Ellis, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding EAST TEXAS BAPTIST ENCAMPMENT, Docket No. 2022‑0097‑PWS‑E on March 28, 2024 assessing $9,150 in administrative penalties with $5,550 deferred. Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding PERMIAN LODGING ORLA LLC, Docket No. 2022‑0335‑MLM‑E on March 28, 2024 assessing $60,880 in administrative penalties with $12,176 deferred. Information concerning any aspect of this order may be obtained by contacting Samantha Salas, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
A default and shutdown order was adopted regarding PNS Operating, dba Pump N Shop 48, Docket No. 2022‑0459‑PST‑E on March 28, 2024 assessing $3,750 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Marilyn Norrod, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Llano County Municipal Utility District 1, Docket No. 2022‑0561‑PWS‑E on March 28, 2024 assessing $1,462 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ashley Lemke, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding BHULLAR ENTERPRISES LLC dba A Motion Food Mart, Docket No. 2023‑0565‑PST‑E on March 28, 2024 assessing $10,703 in administrative penalties with $2,140 deferred. Information concerning any aspect of this order may be obtained by contacting Tiffany Chu, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding BFS Asset Holdings LLC dba BMC West, Docket No. 2023‑1015‑PST‑E on March 28, 2024 assessing $8,313 in administrative penalties with $1,662 deferred. Information concerning any aspect of this order may be obtained by contacting Eunice Adegelu, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
TRD-202401321
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 1, 2024
NOTICE OF APPLICATION AND PRELIMINARY DECISION FOR TPDES PERMIT FOR MUNICIPAL WASTEWATER STAFF-INITIATED MINOR AMENDMENT AND NOTICE OF A PRETREATMENT PROGRAM SUBSTANTIAL MODIFICATION
PERMIT NO. WQ0010079003
APPLICATION AND PRELIMINARY DECISION. The Texas Commission on Environmental Quality (TCEQ) has initiated a minor amendment of the Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0010079003 issued to City of Denison, P.O. Box 347, Denison, Texas 75020 to authorize a substantial modification to the approved pretreatment program. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 6,000,000 gallons per day (gpd).
The facility is located at 1500 East Sears Street, Denison, in Grayson County, Texas 75021. The treated effluent is discharged directly to the Red River Below Lake Texoma in Segment No. 0202 of the Red River Basin. The designated uses for Segment No. 0202 are primary contact recreation, public water supply, and high aquatic life use. This link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice. For the exact location, refer to the application.
https://tceq.maps.arcgis.com/apps/webappviewer/index.html?id=db5bac44afbc468bbddd360f8168250f&marker=-96.513333%2C33.760833&level=12
The applicant has applied to the TCEQ for approval of a substantial modification to its approved pretreatment program under the TPDES program. The request for approval complies with both federal and state requirements. The substantial modification will be approved without change if no substantive comments are received within 30 days of notice publication.
Approval of the request for modification to the approved pretreatment program will allow the applicant to revise their technically based local limits and ordinance which incorporates such revisions and to continue to regulate the discharge of pollutants by industrial users into its treatment works facilities. The following treatment work facilities will be subject to the requirements of the pretreatment program: TPDES Permit Nos. WQ0010079003 and WQ0010079005.
The TCEQ Executive Director has completed the technical review of the pretreatment program substantial modification and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The Executive Director has also made a preliminary decision that the requested substantial modification to the approved pretreatment program, if approved, meets all statutory and regulatory requirements. The pretreatment program substantial modification, fact sheet and Executive Director's preliminary decision, and draft permit are available for viewing and copying at Denison City Hall, 300 West Main Street, Denison, Texas.
ALTERNATIVE LANGUAGE NOTICE. Alternative language notice in Spanish is available at https://www.tceq.texas.gov/permitting/wastewater/plain-language-summaries-and-public-notices. El aviso de idioma alternativo en español está disponible en https://www.tceq.texas.gov/permitting/wastewater/plain-language-summaries-and-public-notices.
PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request a public meeting about this draft permit or on the application for substantial modification of the pretreatment program. The purpose of a public meeting is to provide the opportunity to submit written or oral comment or to ask questions about the draft permit or the application for the substantial modification of the pretreatment program. Generally, the TCEQ will hold a public meeting if the Executive Director determines that there is a significant degree of public interest in the draft permit, 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. There is no opportunity to request a contested case hearing on the application for substantial modification of the pretreatment program.
All written public comments and requests for a public meeting must be submitted to the Office of the Chief Clerk, MC 105, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at www.tceq.texas.gov/goto/comment within 30 days of the date of publication of this notice.
After the deadline for public comments, the Executive Director will consider the comments and prepare a response to all relevant and material, or significant public comments. The response to comments will be mailed to everyone who submitted public comments or who requested to be on a mailing list for this application.
MAILING LIST. If you submit public comments, you will be added to the mailing list for this specific application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.
INFORMATION AVAILABLE ONLINE. For details about the status of the application, visit the Commissioners' Integrated Database at www.tceq.texas.gov/goto/cid. Search the database using the permit number for this application, which is provided at the top of this notice.
AGENCY CONTACTS AND INFORMATION. Public comments and requests must be submitted either electronically at www.tceq.texas.gov/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 draft permit, application for substantial modification of the pretreatment program, please call the TCEQ Public Education Program, Toll Free, at (800) 687-4040 or visit their website at www.tceq.texas.gov/goto/pep. Si desea información en español, puede llamar al (800) 687-4040.
Further information may also be obtained from City of Denison at the address stated above or by calling Peter Reale, (512) 687-2184.
TRD-202401397
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 3, 2024
Notice issued April 2, 2024
TCEQ Internal Control No. 02082024-008 Mike A. Myers Foundation, Inc., (Petitioner) filed a petition for creation of Harris County Municipal Utility District No. 591 (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 214.256 acres located within Harris County, Texas; and (4) none of the land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any city. The petition further states that the proposed District will: (1) purchase, construct, acquire, improve, extend, maintain and operate a waterworks and wastewater system for domestic and commercial purposes; (2) purchase, 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 helpful excesses of water; and (4) purchase interests in land and purchase, construct, acquire, improve, extend, maintain, and operate improvements, facilities, and equipment for the purpose of providing recreational facilities. The petition also included a request for approval of road powers Pursuant to TWC Section 54.234, approval of road powers may be requested at the time of creation. The engineering report provided with the application included a summary of the estimated costs and a map illustrating the proposed roads. The petition stated that the expression the proposed districts purposes and improvements is not intended to limit the future powers and purposes of the proposed District, or the acquisition, financing, operation and maintenance by the proposed District of such additional facilities, plants, systems, and enterprises as shall be consonant with the purposes for which the proposed District is created under State law. 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 $28,500,000 ($21,250,000 for water, wastewater, and drainage and $7,250,000 for roads).
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-202401396
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 3, 2024
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Order (AO) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AO, the commission shall allow the public an opportunity to submit written comments on the proposed AO. TWC, §7.075, requires that notice of 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 May 13, 2024. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of the proposed AO 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 an AO should be sent to the attorney designated for the AO 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 May 13, 2024. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, TWC, §7.075, provides that comments on an AO shall be submitted to the commission in writing.
(1) COMPANY: APPLIED STANDARDS INSPECTION, INC.; DOCKET NUMBER: 2018-1100-IHW-E; TCEQ ID NUMBER: RN102921160; LOCATION: 4781 Highway 69 South, Beaumont, Jefferson County; TYPE OF FACILITY: piping and casing testing and inspection business; RULES VIOLATED: 30 TAC §335.9(a)(1), by failing to maintain records of all industrial solid waste (ISW) activities; 40 Code of Federal Regulations §262.11 and 30 TAC §§335.62, 335.503(a)(1), and 335.504, by failing to conduct hazardous waste determinations and waste classifications; and 30 TAC §335.6(h), by failing to submit a written notice to the TCEQ which includes the type(s) of ISW or municipal hazardous waste to be recycled, the method of storage prior to recycling, and the nature of the recycling activity 90 days prior to engaging in such activities; PENALTY: $22,312; STAFF ATTORNEY: Taylor Pearson, Litigation, MC 175, (512) 239-5937; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
TRD-202401363
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: April 2, 2024
The following notice was issued on March 28, 2024:
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 ISSUED.
INFORMATION SECTION
BC Humble Enterprises, LLC has applied for a minor amendment to the Texas Pollutant Discharge Elimination System Permit No. WQ0014874001 to authorize the replacement of the existing plant with a decrease of flow from 100,000 gallons per day (gpd) to 50,000 gpd. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located at 14400 Highway 59 North, in the City of Humble, Harris County, Texas 77396.
TRD-202401395
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 3, 2024
Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report, or filing a late report, in reference to the specified filing deadline. If you have any questions, you may contact Dave Guilianelli at (512) 463-5800.
Deadline: Semiannual report due January 16, 2024
#00067512 - Weston Martinez, 14546 Brook Hollow Ste. 312G, San Antonio, Texas 78232
#00086437 - Allan E. Meagher, 915 Colony Ridge Ct., Irving, Texas 75061
#00085801 - Frank A. Ramirez IV, 2105 Clamp Ave., San Antonio, Texas 78221
#00086314 - Kathi A. Marvel, 1115 Gemini St., Box #14, Houston, Texas 77058
#00086009 - LaDale A. Buggs, 2425 N. Central Expressway, Ste. 700, Richardson, Texas 75080
#00086047 - Michael Monreal, 923 10th St. Ste. 110 PMB 288, Floresville, Texas 78114
#00086260 - Kevin A. Morris, P.O. Box 865147, Plano, Texas 75086
#00083902 - Rebecca Moyer DeFelice, P.O. Box 6853, San Antonio, Texas 78209
#00086414 - Jonathan Hildner, 4200 Elms Run Circle Apt A, Killeen, Texas 76542
#00086327 - Daniel G. Surman III, 2301 21st St. N, Texas City, Texas 77590
#00086123 - Carl N. Sanders, 7 Hayes Court, Trophy Club, Texas 76262
#00086307 - Tracy K. Fisher, P.O. Box 282, Coppell, Texas 75019
#00041097 - Eduardo R. Rodriguez, P.O. Box 2436, Austin, Texas 78768
#00086346 - Jesse Ringness, 8700 Stonebrook Pkwy #204, Frisco, Texas 75034
#00086169 - Brittney N. Verdell, 4253 Hunt Dr. #3306, Carrollton, Texas 75010
#00086210 - Jake Collier, 2808 Stearns Ave., Wichita Falls, Texas 76308
#00069817 - Cynthia T. Cavazos, 2423 Lockhill Selma #1406, San Antonio, Texas 78230
#00086404 - Ken Morrow, P.O. Box 571, Gonzales, Texas 78629
#00086236 - Taylor M. Mondick, P.O. Box 121, Fort Worth, Texas 76102
#00086284 - Cameron A. Campbell, 9950 Westpark Dr., Ste. 103B, Houston, Texas 77063
#00082182 - Gina N. Calanni, P.O. Box 6733, Katy, Texas 77491
#00084361 - Johnny J. Betancourt, 3304 S Hill, Amarillo, Texas 79103
#00086262 - Abel R. Longoria, 6 Cadena Dr., Galveston, Texas 77554
#00085592 - Nora Stephanie Morales, 1919 Shadow Bend Dr., Houston, Texas 77043
#00085105 - Graciela Olvera, 435 W. 12th Street, Dallas, Texas 75208
#00085862 - Andrew M. Bayley, 1225 North Loop West, Suite 900, Houston, Texas 77008
#00080467 - George L. Powell, 1602 Washington Avenue, Houston, Texas 77002
#00085313 - Paula K. Knippa, 2121 Lohmans Crossing, Lakeway, Texas 78734
#00085539 - Kimberly N. McTorry, 316 E. Main St., Suite 2B, Humble, Texas 77338
#00087714 - Christopher L. Tolbert Esq., P.O. Box 130895, Dallas, Texas 75313
#00067856 - Stephani A. Walsh, 411 S. Presa, San Antonio, Texas 78205
#00085622 - Samuel L. Milledge II, 2500 East TJ Jester, Ste. 510, Houston, Texas 77008
#00084268 - Brian M. McConnell, P.O. Box 713, Georgetown, Texas 78627
#00080408 - Brent Webster, 500 E. St. Johns Ave., Suite 2.620, Austin, Texas 78752
#00086220 - Amber Cox, 1001 W. 8th Street, Houston, Texas 77007
#00085987 - Kate C. Ferrell, 2500 E. TC Jester #290, Houston, Texas 77008
#00033149 - Teresa J. Hawthorne, 5990 Lindenshire Lane 101, Dallas, Texas 75230
#00084327 - Norma J. Witherspoon, P.O. Box 14209, San Antonio, Texas 78214
#00084071 - John B. Austin, P.O. Box 461021, San Antonio, Texas 78246
#00085290 - Odus E. Evbagharu, P.O. Box 19612, Houston, Texas 77224
#00086261 - Jeremy D. Kohlwes, 1305 US-90 West #423, Castroville, Texas 78009
#00084073 - Leslie A. Peeler, 2221 Justin Rd., Ste. 119-135, Flower Mound, Texas 75028
#00086142 - Joy E. Diaz, P.O. Box 93065, Austin, Texas 78749
#00081604 - Sherry Ann Williams, P.O. Box 407, Sour Lake, Texas 77659
#00085647 - Telisa G. Moore, 1408 N. Riverfront Blvd. #541, Dallas, Texas 75207
#00082590 - Douglas M. Earnest, 20931 Joe Paul Ln., Chandler, Texas 75758
#00020514 - Estate of Michael T. McSpadden, 1701 Hermann Dr. #11, Houston, Texas 77004
#00083845 - Sarah K. Fox, 5830 Granite Parkway, Ste 100-350, Plano, Texas 75024
#00084298 - Lakesha Smith, 4108 SW Green Oaks Blvd., Arlington, Texas 76003
#00082052 - Charles R. Johnson Jr., 815 Walker St. #1047, Houston, Texas 77002
#00084904 - Lisa Uresti-Dasher, P.O. Box 241684, San Antonio, Texas 78224
#00084093 - Lucio A. Del Toro, P.O. Box 787, Round Rock, Texas 78680
#00020288 - Carmen Y. Kelsey, P.O. Box 2537, Universal City, Texas 78148
#00083605 - David R. Wilson, 800 Post Oak Blvd., Suite 82, Houston, Texas 77056
#00068085 - Ray J. Olivarri Jr., P.O. Box 830433, San Antonio, Texas 78283
#00070552 - Marisa Bono, P.O. Box #100086, San Antonio, Texas 78201
#00086277 - Damien Thaddeus Jones, P.O. Box 571422, Houston, Texas 77257
#00084423 - Christopher A. Cox, 6088 Old Decatur Road, Alvord, Texas 76225
#00083872 - Holly Newton, P.O. Box 63, Dripping Springs, Texas 78620
#00084029 - Christopher B. Watt, 1504 Blair St., Houston, Texas 77008
#00086088 - Mark F. Middleton, 365 Country Road 326, Forestburg, Texas 76239
#00069699 - Paul K. Stafford, P.O. Box 710404, Dallas, Texas 75371
#00086389 - Michael A. Vargas, 712 Yoakum Street, San Benito, Texas 78586
#00085809 - Matthew B Poole, 512 Lonestar Park Ln, Ponder, Texas 76259
#00085100 - Rashard S. Davis Baylor, 5102 Westover St., Houston, Texas 77033
#00085819 - Somtoochukwu E. Ik-Ejiofor, 1853 Pearland Pkwy Ste. 123 #304, Pearland, Texas 77581
#00082154 - Clayton R. Hunt, 8550 Glenview Dr., Houston, Texas 77017
#00085650 - Christopher Leal, 400 N Ervay St. #133013, Dallas, Texas 75313
#00084400 - Rowland Garza, 212 Santa Maria Dr., Del Rio, Texas 78840
#00085834 - Aaron M. Sorrells, P.O. Box 161009, Ft. Worth, Texas 76161
#00086043 - Isreal O. Salinas, 103 Mark Avenue, Lake City, Texas 78368
#00067878 - Dexter E. Smith, 2028 Cork St., Dickinson, Texas 77539
#00081706 - Steve Riddell, 1308 Shady Creek Drive, Euless, Texas 76040
#00084342 - Jacorion X. Randle, 60 Ruth St., Beaumont, Texas 77707
#00086453 - Staci D. Childs, 405 Main Street Suite 450, Houston, Texas 77002
#00087369 - Karthik Soora, 2809 Sherwin Street, Houston, Texas 77007
#00051407 - W. Kenneth Paxton Jr., P.O. Box 3476, McKinney, Texas 75070
#00054555 - Jared R. Woodfill, 3 Riverway Suite 750, Houston, Texas 77056
#00086146 - Dinesh Sharma, 603 Pine View Dr., Euless, Texas 76039
Deadline: 30 day pre-election report due February 5, 2024
#00084552 - Jacinto Martinez, 1230 Duke Rd., San Antonio, Texas 78264
#00084310 - Ashton P. Woods, 8419 Hearth Dr. Apt 38, Houston, Texas 77054
#00088349 - Joyce Marie Chatman, 5606 Lufkin St., Houston, Texas 77026
#00088362 - Luther Wayne Martin III, P.O. Box 20791, Beaumont, Texas 77720
#00088406 - Manuel Campos Jr., 1107 Hwy 1431 #270, Marble Falls, Texas 78645
#00088353 - Joshua Feuerstein, 15141 Markout Central, Forney, Texas 75126
#00088424 - Teresa Ramirez Gonzalez, 8051 Berkshire Drive, Fort Worth, Texas 76137
#00086410 - Stephen A. Missick, 611 Thomas Castleberry Dr., Shepard, Texas 77371
#00032740 - Ori T. White, P.O. Box 160, Fort Stockton, Texas 78735
#00085736 - James O. Guillory II, 3906 Brookston St., Houston, Texas 77045
#00088355 - Ferrel C. Bonner, P.O. Box 1063, Fresno, Texas 77545
#00082094 - Aicha Davis, P.O. Box 71, DeSoto, Texas 75123
#00087349 - James T. Matlock, 2400 Stallings Dr. N Suite 14, Nacogdoches, Texas 75964
#00085725 - Denise Brown, 770 South Post Oak Lane Ste 620, Houston, Texas 77056
#00087952 - Davis W. Ford, 1610 S 31st St. Suite 102-110, Temple, Texas 76504
Deadline: 8 day pre-election report due February 26, 2024
#00067897 - Alejandro Dominguez, 855 E. Harrison, Brownsville, Texas 78520
#00087717 - Joe E. Collins III, 2701 W 15th St., Plano Texas 75075
#00087889 - Carlos Lopez, 941 Timberwood Lane, Uvalde, Texas 78801
#00088221 - Joe S. McDaniel, P.O. Box 1476, Kilgore, Texas 75663
#00088303 - Curtis L. Laird, P.O. Box 1150, Grandview, Texas 76050
#00087888 - Jessica Rose Huang, 17424 W. Grand Pkwy S #777, Sugar Land, Texas 77479
#00087955 - Nasir H. Malik, 4008 Louetta Rd. Ste. 606, Spring, Texas 77379
#00088065 - Joseph Aragon, 1307 Nueces St., Austin, Texas 78701
#00088424 - Teresa Ramirez Gonzalez, 8051 Berkshire Drive, Fort Worth, Texas 76137
#00088406 - Manuel Campos Jr., 1107 Hwy 1431 #270, Marble Falls, Texas 78645
#00088362 - Luther Wayne Martin III, P.O. Box 20791, Beaumont, Texas 77720
#00088353 - Joshua Feuerstein, 15141 Markout Central, Forney, Texas 75126
#00088349 - Joyce Marie Chatman, 5606 Lufkin St., Houston, Texas 77026
#00084310 - Ashton P. Woods, 8419 Hearth Dr. Apt 38, Houston, Texas 77054
#00032740 - Ori T. White, P.O. Box 160, Fort Stockton, Texas 78735
#00084552 - Jacinto Martinez, 1230 Duke Rd., San Antonio, Texas 78264
#00088158 - Justice Omar McFarlane, 1710 Juniper Lane, Midlothian, Texas 76065
#00061394 - Vivian R. King, 2202 Alabama St. Ste. A, Houston, Texas 77004
#00088225 - Carol Lynn Sanchez, 301 E. New Hampshire #9, Harlingen, Texas 78586
#00085736 - James O. Guillory II, P.O. Box 451812, Houston, Texas 77245
#00084543 - Angeanette Thibodeaux, 9597 Jones Road Box 161, Houston, Texas 77065
#00086254 - Bianca Gracia, 6443 Fairmont Pkwy. 140-102, Pasadena, Texas 77505
#00087956 - Roderick D. Rodgers, 8190 Barker Cypress Rd. Ste 1900, Cypress, Texas 77433
#00085680 - David O. Lowe, 7424 Park Place Dr., North Richland Hills, Texas 76182
#00088219 - Robert C. Flores, P.O. Box 17161, San Antonio, Texas 78217
#00088321 - Emmanuel Albarado, 317 S. Clements, Gainesville, Texas 76240
#00088024 - Trent Perez, 1 E Greenway Plaza Ste. 225, Houston, Texas 77046
#00088240 - Mark H. Ritchie, P.O. Box 300087, Houston, Texas 77230
TRD-202401310
J.R. Johnson
Executive Director
Texas Ethics Commission
Filed: March 27, 2024
Title IV-B Child and Family Services Plan
The Texas Department of Family and Protective Services (DFPS), as the designated agency to administer Title IV-B programs in the state of Texas, is developing the 2025-2029 Title IV-B Child and Family Services Plan (CFSP) for Texas. Under guidelines issued by the U.S. Department of Health and Human Services, Administration for Children and Families, DFPS is required to review the progress made in the previous year toward accomplishing the goals and objectives identified in the state's five-year CFSP for the period from October 1, 2020, through September 30, 2024.
The CFSP is required for the state to receive its federal allocation for fiscal year 2025 authorized under Title IV-B of the Social Security Act, Subparts 1 and 2, and the Child Abuse Prevention and Treatment Act (CAPTA).
The purpose of this notice is to solicit input in the development of the five-year 2025-2029 Child and Family Services Plan. This input will enable the agency to consider and include any changes in our state plan in order to best meet the needs of the children and families the agency serves. Members of the public can obtain more detailed information regarding the Child and Family Services Plan (CFSP) from the DFPS website at https://www.dfps.texas.gov/About_DFPS/Title_IV-B_State_Plan/. The web site includes a copy of the 2020-2024 CFSP and the 2024 Annual Progress Services Report.
Written comments regarding the CFSP may be faxed or mailed to: Texas Department of Family and Protective Services, Attention: Rosario G. Hernandez at Rosario.hernandez@dfps.texas.gov or P.O. Box 149030, MC W-157; Austin, Texas 78714-9030; telephone (830) 570-1772; fax (512) 339-5927. The comments must be received no later than May 12, 2024.
TRD-202401312
Quyona Gregg
Senior Policy Attorney
Department of Family and Protective Services
Filed: March 28, 2024
On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 26. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of March 25, 2024 to March 29, 2024. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§30.20(f), 30.30(h), and 30.40(e), the public comment period extends 30 days from the date published on the Texas General Land Office web site. The notice was published on the web site on Friday, April 5, 2024. The public comment period for this project will close at 5:00 p.m. on Sunday May 5, 2024.
Federal License and Permit Activities:
Applicant: Coastal Bend Bays & Estuaries Program
Location: The project site is located in Aransas Bay, at Deadman’s Island (the Island) approximately 1.7 miles northwest of San Jose Island and approximately 1,700 feet south of the Gulf Intercoastal Waterway.
Latitude and Longitude: 28.066317, -96.962798
Project Description: The applicant proposes to construct a breakwater and expand the Island for the development of a rookery island. The applicant proposes to construct a 1,750-foot traditional breakwater and fill in approximately 4.63 acres of open water to construct a colonial waterbird rookery. The 1,750-foot breakwater would have a crest elevation of approximately 4.5 feet and would have a 4:1 horizontal to vertical side slope. The breakwater would be constructed with graded riprap that would be approximately 7 feet wide at the crest and have an average width of 60 feet. Approximately 2.09 acres of imported sand fill material would be placed within the breakwater footprint. In addition, approximately 0.90 acre of oyster reef (approximately 45 feet wide by 650 feet long) would be created adjacent to the breakwater footprint. The proposed oyster reef would total approximately 1,700 cubic yards of approximately 6-inch-diameter rock. The applicant has stated that they have avoided and minimized the environmental impacts by avoiding all submerged aquatic vegetation and other special aquatic sites. No mitigation is proposed.
Type of Application: U.S. Army Corps of Engineers permit application #SWG-2023-00562. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.
CMP Project No: 24-1198-F1
Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from the Texas General Land Office Public Information Officer at 1700 N. Congress Avenue, Austin, Texas 78701, or via email at pialegal@glo.texas.gov. Comments should be sent to the Texas General Land Office Coastal Management Program Coordinator at the above address or via email at federal.consistency@glo.texas.gov.
TRD-202401355
Mark Havens
Chief Clerk
General Land Office
Filed: April 1, 2024
Hearing Site. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on April 22, 2024, at 9:00 a.m. in the Winters Building, Room 125W, 701 W. 51st St., Austin, Texas 78751. Building entry and check-in is through security at the main entrance, and parking is available in the visitor's lot located in front of the building.
Purpose. The purpose of the hearing is to receive public comment on the long-range planning for State Supported Living Centers including resident quality of care, services to transition back to the community, and availability of services as required by 533A.032.
Agenda.
1. Welcome and call to order
2. Long-Range Plan
3. Public comment
4. Adjourn
Oral Comments. Oral comments can be provided in person or via video or audio conferencing. Please pre-register.
Written Comments. Written comments may be sent by U.S. mail, overnight mail, special delivery mail, hand delivery, or email:
U.S. Mail
Texas Health and Human Services Commission
State Supported Living Centers
Attention: Office of Laura Cazabon-Braly, Mail Code E619
Winters Building
701 W. 51st St.
Austin, Texas 78751
Overnight mail, special delivery mail, or hand delivery
Texas Health and Human Services Commission
State Supported Living Centers
Attention: Office of Laura Cazabon-Braly, Mail Code E619
Winters Building
701 W. 51st St.
Austin, Texas 78751
SSLCPlanning@hhsc.state.tx.us
This meeting is open to the public. No reservations are required, and there is no cost to attend this meeting.
People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact Lisa Colin at (737) 306-9085 at least 72 hours before the meeting so appropriate arrangements can be made.
TRD-202401399
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Filed: April 3, 2024
The Texas Health and Human Services Commission (HHSC) announces its intent to submit transmittal number 24-0009 to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.
The purpose of this amendment is to remove licensure requirements for Emergency Response Services (ERS) providers of backup systems and supports under the Community First Choice State Plan Option. ERS providers are no longer subject to licensure requirements after Senate Bill 202, 84th Texas Legislature, Regular Session, 2015, repealed Texas Health and Safety Code, Chapter 781. The proposed amendment is effective April 1, 2024.
The proposed amendment is estimated to have no fiscal impact.
To obtain copies of the proposed amendment, interested parties may contact Nicole Hotchkiss, State Plan Coordinator, by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, Texas 78711; by telephone at (512) 438-5035; or by email at Medicaid_Chip_SPA_Inquiries@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the Access and Eligibility Services for local benefit offices.
TRD-202401366
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Filed: April 2, 2024
Licensing Actions for Radioactive Materials
TRD-202401362
Cynthia Hernandez
General Counsel
Department of State Health Services
Filed: April 2, 2024
Application for Catholic Financial Life, a foreign life, accident, and/or health company, to change its name to Trusted Fraternal Life. The home office is in Milwaukee, Wisconsin.
Application for incorporation in the state of Texas for Homebound Insurance Exchange, a domestic reciprocal. The home office is in Dallas, Texas.
Application for Windhaven National Insurance Company, a foreign fire and/or casualty company, to change its name to ODIN Insurance Company. The home office is in Salt Lake City, Utah.
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-202401393
Justin Beam
Chief Clerk
Texas Department of Insurance
Filed: April 3, 2024
The Texas Department of Motor Vehicles (department) proposed amendments to 43 TAC §206.41 and 43 TAC §221.112 in the December 29, 2023, issue of the Texas Register (48 TexReg 8192 and 48 TexReg 8278, respectively). Due to an error by the department, some of the text of the rules was published incorrectly.
For 43 TAC §206.41, the closing punctuation was omitted. The rule should read as follows:
Any interested person may petition the department requesting the
adoption of a rule. The [Such] petition must
be in writing [directed] to the executive director [at
the department's headquarters building in Austin] and [shall]
contain the person's physical address in Texas, [and]
a clear and concise statement of the substance of the requested [proposed] rule, and [together with] a
brief explanation of the purpose of the requested rule [to
be accomplished through such adoption]. Within 60 days after
receipt, the department will either deny the petition in writing,
stating its reasons therefore, or will initiate rulemaking proceedings
in accordance with [the Administrative Procedure Act (]
Government Code, Chapter 2001, Subchapter B[)].
For 43 TAC §221.112(21), the semicolon following "vehicle" and the word "or" were omitted at the end of the paragraph. The paragraph should read as follows:
[(21) dismantles a salvage motor vehicle or a nonrepairable
motor vehicle; or]
TRD-202401364
Laura Moriaty
General Counsel
Texas Department of Motor Vehicles
Filed: April 2, 2024
The Texas State Board of Public Accountancy adopted amendments to 22 TAC §501.62 in the April 5, 2024, issue of the Texas Register (49 TexReg 2193). Due to an error by the Texas Register, the subchapter name was published incorrectly in the print version of this issue. The online versions were not affected by this error.
The correct text is as follows:
Subchapter B. Professional Standards
TRD-202401383
The State Securities Board (Board) proposed amendments to 7 TAC §§109.1 - 109.8, 109.11, 109.13, 109.14 and 109.17 in the March 29, 2024, issue of the Texas Register (49 TexReg 2021). Due to errors by the Texas Register, some of the text of the rules were published incorrectly. The correct text follows.
For 7 TAC §109.11(d):
(d) In lieu of the three requirements in subsections (a)-(c) of this section, the section 4005.023(b)(1) and (b)(2) [section 5.S(1)] guarantee requirements will be satisfied if the option is issued by a clearing corporation recognized by the State Securities
Board as satisfying all the following standards.
For 7 TAC §109.13(a)(2):
(2) Limited Offering Exemptions. The term "Limited Offering
Exemptions" refers to the two limited offering exemptions found in
subsections (a)(1) and (a)(2) of §4005.012 of the Act. The term
"Limited Offering Exemption (a)(1)" refers to the exemption in subsection
(a)(1) of §4005.012 of the Act, and the term "Limited Offering
Exemption (a)(2)" refers to the exemption in subsection (a)(2) of
§4005.012 of the Act. [In determining who is a sophisticated
investor at least the following factors should be considered.]
For 7 TAC §109.13(e):
(e) Other exemptions. The phrase "exempt under another provision
of this subchapter [other provisions of this §5]"
in §4005.012(b)(1) [§5.I(c)] means
exempt under any provisions of the Act, other than the Limited
Offering Exemption (a)(1) [§5.I(a)], and subsections
(k) and (l) of this section.
For 7 TAC §109.13(g):
(g) Sales made under §4005.013 of the Act. [Compensatory
or benefit plan sales.] Only the employer and its participating
subsidiaries, parents, or subsidiaries of such parents, if any, may
offer or sell securities in connection with the employee plan without
registration as dealers. For purposes of §4005.013 of the
Act [the Act, §5.I(b)], the term "issuer" includes
a general partner of a limited partnership with respect to a security
sold or distributed by such limited partnership in a transaction otherwise
meeting the requirements of §4005.013 of the Act [§5.I(b)
]. An employee of the issuer or its participating subsidiary
who aids in offering or selling such securities in connection with
the plan is not required to be registered as an agent provided the
employee meets all of the following conditions:
For 7 TAC §109.13(h):
(h) Section 4005.013 [Compensatory or benefit]
plans for counting purposes. A noncontributory stock ownership plan
or stock ownership trust that holds securities of the issuer for the
benefit of the participants in that issuer’s plan shall be counted
as one security holder under the Limited Offering Exemption (a)(1) [§5.I(a)]. Plan participants in such a stock ownership plan
or trust will not be deemed security holders of the issuer for purposes
of counting security holders under the Limited Offering Exemption
(a)(1) [§5.I(a)] solely because of their participation
in the plan or trust. However, participants receiving distributions
of securities from the plan or trust will be deemed security holders
of the issuer on receipt of securities of the issuer from the plan
or trust.
For 7 TAC §109.13(l)(1):
(1) The sale is made, without the use of any public solicitation or advertisements, as set forth in subsection (a) and subsection (b) of this section to:
For 7 TAC §109.13(l)(7):
(7) This subsection may not be combined with either of the
Limited Offering Exemptions [the Securities Act, §5.I(a)
or §5.I(c)], or subsection (k) of this section to make
sales to more than 35 unaccredited security holders during a 12-month
period. Except for accredited investors who became security holders
pursuant to this subsection, security holders who purchase in sales
made in compliance with this subsection are included in the count
of security holders under the Limited Offering Exemption (a)(1) [§5.I(a)] or purchasers under the Limited Offering
Exemption (a)(2) [§5.I(c)], but this subsection
may be used to exceed the numbers of security holders or purchasers
allowed by such sections over an extended period of time.
For 7 TAC §109.13(l)(10):
(10) Accredited investor security holders who purchase in sales
made under this exemption are not counted as security holders under the Limited Offering Exemption (a)(1) [§5.I(a)]
or purchasers under the Limited Offering Exemption (a)(2) [§5.I(c)] in determining whether any other sales to other
security holders or purchasers are exempt under the Private Offering
Exemptions [§5.I]. That is to say, this exemption
for sales to accredited investors is cumulative with and in addition
to the Private Offering Exemptions [exemptions contained
in §5.I], and sales made under paragraph (1)(B) of this
subsection are not considered in determining whether sales made in
reliance on the exemptions contained in the Private Offering
Exemptions [§5.I] would be within the numerical
limits on the number of security holders or purchasers contained in the Private Offering Exemptions
[§5.I].
For 7 TAC §109.14(a):
(a) It is the intent of the State Securities Board that §109.13(a)-(c)
and (j) of this title (relating to Limited Offering Exemptions) apply
to transactions made pursuant to the Securities Act, §4005.021 [§5.Q], and that the terms defined in §109.13(a)-(c)
and (j) of this title (relating to Limited Offering Exemptions) have
the same meanings for purposes of §4005.021 [§5.Q
] as they do for exemptions set forth in §4005.012
and §4005.013 of the Securities Act[, §5.I].
For 7 TAC §109.14(c):
(c) In addition to sales made under the Securities Act, §4005.021
[§5.Q], the State Securities Board, pursuant
to the Act, §4005.024 [§5.T], exempts
from the registration requirements of the Act, Chapter 4003,
Subchapters A, B, and C [§7], the sale of interests
in and under oil, gas, and mining leases, fees, or titles, or contracts
relating thereto (hereinafter called securities), by the owner itself,
or by a registered dealer acting as agent for the owner, provided
all of the conditions of §109.13(k) or (l) of this title (relating
to Limited Offering Exemptions) are met. The purpose of this subsection
is to provide a mechanism which will allow for sales of the securities
listed herein to accredited investors where the conditions of §109.13(k)
or (l) of this title (relating to Limited Offering Exemptions) are met.
TRD-202401392