Office of the Attorney General
Texas Water Code and Texas Health and Safety Code Settlement Notice
The State of Texas gives notice of the following proposed resolution of an environmental enforcement action under the Texas Water Code and the Texas Health and Safety Code. Before the State may enter into a voluntary settlement agreement, pursuant to section 7.110 of the Texas Water Code, the State shall permit the public to comment in writing. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreement if the comments disclose facts or considerations indicating that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the law.
Case Title and Court: Harris County, Texas and the State of Texas v. Pasadena Refining System, Inc.; Cause No. 2022-14296, in the 189th Judicial District, Harris County, Texas.
Background: Pasadena Refining System, Inc. (PRSI) owns and operates a petroleum refinery located at 111 Red Bluff Road, Pasadena, Harris County. On August 18, 2020, a fire at the refinery consumed a tank storing petroleum products, releasing plumes of smoke and creating detrimental conditions in the surrounding area. Additional emissions were released during the cleanup phase of the event. Harris County filed suit for PRSI’s violations of Texas Clean Air Act and Texas Commission on Environmental Quality (TCEQ) rules promulgated thereunder. The State of Texas joined on behalf of the TCEQ, a necessary and indispensable party, against PRSI. PRSI implemented corrective actions via a TCEQ Corrective Action Plan, pursuant to TCEQ rules.
Proposed Settlement: The parties propose an Agreed Final Judgment that awards the payment of $1,000,000 in civil penalties and $80,000 in attorney’s fees, to be equally divided between the State and Harris County, and post judgment interest at 8.5% per annum.
For a complete description of the proposed settlement, the Agreed Final Judgment should be reviewed in its entirety. Requests for copies of the proposed judgment and settlement, and written comments on the same, should be directed to Jake Marx, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, MC-066, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911, email: Jake.Marx@oag.texas.gov. Written comments must be received within 30 days of publication of this notice to be considered.
TRD-202401568
Justin Gordon
General Counsel
Office of the Attorney General
Filed: April 12, 2024
The State of Texas gives notice of the following proposed resolution of an environmental enforcement action under the Texas Water Code. Before the State may enter into a voluntary settlement agreement, pursuant to section 7.110 of the Texas Water Code, the State shall permit the public to comment in writing. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreement if the comments disclose facts or considerations indicating that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the law.
Case Title and Court: Harris County, Texas and State of Texas, acting by and through the Texas Commission on Environmental Quality and the Department of State Health Services, Necessary and Indispensable Parties v. Mario Perez and Teresa Perez; Cause No. 2019-63877, in the 55th Judicial District Court, Harris County, Texas.
Background: Defendants Mario Perez and Teresa Perez (collectively "Defendants") owned and operated a non-approved and malfunctioning on-site sewage system located at a residential property in Houston, Texas. Harris County, Texas filed suit against the Defendants for violations of the Texas Health and Safety Code and related regulations. The State of Texas, acting on behalf of the Texas Commission on Environmental Quality and the Department of State Health Services, joined the lawsuit as a necessary and indispensable party.
Proposed Settlement: The parties propose an Agreed Final Judgment, which assesses against the Defendants: $8,000 in civil penalties, to be equally divided between Harris County, Texas and the State of Texas, and $4,500 in attorney's fees to the State of Texas.
For a complete description of the proposed settlement, the Agreed Final Judgment should be reviewed in its entirety. Requests for copies of the proposed judgment and settlement, and written comments on the same, should be directed to Roel Torres, Assistant Attorney General, Office of the Attorney General of Texas, P.O. Box 12548, MC-066, Austin, Texas 78711-2548; (512) 463-2012; facsimile (512) 320-0911; email: roel.torres@oag.texas.gov. Written comments must be received within 30 days of publication of this notice to be considered.
TRD-202401603
Justin Gordon
General Counsel
Office of the Attorney General
Filed: April 15, 2024
Certification of the Average Closing Price of Gas and Oil - March 2024
The Comptroller of Public Accounts, administering agency for the collection of the Oil Production Tax, has determined, as required by Tax Code, §202.058, that the average taxable price of oil for reporting period March 2024 is $46.56 per barrel for the three-month period beginning on December 1, 2023, and ending February 29, 2024. Therefore, pursuant to Tax Code, §202.058, oil produced during the month of March 2024, from a qualified low-producing oil lease, is not eligible for credit on the oil production tax imposed by Tax Code, Chapter 202.
The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined, as required by Tax Code, §201.059, that the average taxable price of gas for reporting period March 2024 is $1.16 per mcf for the three-month period beginning on December 1, 2023, and ending February 29, 2024. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of March 2024, from a qualified low-producing well, is eligible for a 100% credit on the natural gas production tax imposed by Tax Code, Chapter 201.
The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of West Texas Intermediate crude oil for the month of March 2024 is $80.41 per barrel. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall not exclude total revenue received from oil produced during the month of March 2024, from a qualified low-producing oil well.
The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of gas for the month of March 2024 is $1.75 per MMBtu. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall exclude total revenue received from gas produced during the month of March 2024, from a qualified low-producing gas well.
Inquiries should be submitted to Jenny Burleson, Director, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.
Issued in Austin, Texas, on April 17, 2024.
TRD-202401628
Jenny Burleson
Director, Tax Policy
Comptroller of Public Accounts
Filed: April 17, 2024
The Comptroller of Public Accounts, administering agency for the collection of the Coastal Protection Fee, has received certification from the Commissioner of the General Land Office that the balance in the Coastal Protection Fund has fallen below the minimum amount allowed by law.
Pursuant to the Natural Resources Code, §40.155 and §40.156, the comptroller hereby provides notice of the reinstatement of the coastal protection fee effective June 1, 2024.
The fee shall be collected on crude oil transferred to or from a marine terminal on or after June 1, 2024, until notice of the suspension of the fee is published in the Texas Register.
Inquiries should be submitted to Jenny Burleson, Director, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.
TRD-202401627
Jenny Burleson
Director, Tax Policy Division
Comptroller of Public Accounts
Filed: April 17, 2024
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 04/22/24 - 04/28/24 is 18.00% for consumer1 credit.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/22/24 - 04/28/24 is 18.00% for commercial2 credit.
The postjudgment interest rate as prescribed by §304.003 for the period of 05/01/24 - 05/31/24 is 8.50%.
1 Credit for personal, family, or household use.
2 Credit for business, commercial, investment, or other similar purpose.
TRD-202401616
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: April 17, 2024
Application of Out of State Branch
Notice is given that the following applications have been filed with the Credit Union Department (Department) and are under consideration.
An application was received from Essential Credit Union, Baton Rouge, Louisiana to operate a Foreign (out of state) Branch Office to be located in Houston, Texas.
An application was received from Essential Credit Union, Baton Rouge, Louisiana to operate a Foreign (out of state) Branch Office to be located in Pasadena, Texas.
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-202401622
Michael S. Riepen
Commissioner
Credit Union Department
Filed: April 17, 2024
Notice is given that the following applications have been filed with the Credit Union Department (Department) and are under consideration.
An application was received from Members Choice Credit Union #1, Houston, Texas, to expand its field of membership. The proposal would permit persons who live, worship, work, or attend school, and businesses and other legal entities located in Brazoria County, Texas, to be eligible for membership in the credit union.
An application was received from Members Choice Credit Union #2, Houston, Texas, to expand its field of membership. The proposal would permit persons who live, worship, work, or attend school, and businesses and other legal entities located in Montgomery County, Texas, to be eligible for membership in the credit union.
An application was received from Telco Plus Credit Union #1, Longview, Texas, to expand its field of membership. The proposal would permit persons who live or work in Rusk County, Texas, to be eligible for membership in the credit union.
An application was received from Telco Plus Credit Union #2, Longview, Texas, to expand its field of membership. The proposal would permit persons who live or work in Cherokee County, Texas, to be eligible for membership in the credit union.
An application was received from Telco Plus Credit Union #3, Longview, Texas, to expand its field of membership. The proposal would permit persons who live or work in Harrison County, Texas, 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-202401620
Michael S. Riepen
Commissioner
Credit Union Department
Filed: April 17, 2024
In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following applications:
Field of Membership - Approved
Texas Dow Employees Credit Union (Lake Jackson) - See Texas Register dated on January 26, 2024.
Texas Dow Employees Credit Union (Lake Jackson) - See Texas Register dated on February 9, 2024.
TRD-202401619
Michael S. Riepen
Commissioner
Credit Union Department
Filed: April 17, 2024
The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 28, 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 28, 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: Alliance Residential Builders, LP; DOCKET NUMBER: 2023-1478-WQ-E; IDENTIFIER: RN111452124; LOCATION: Fulshear, Fort Bend County; TYPE OF FACILITY: construction site; 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 construction activities; PENALTY: $5,625; ENFORCEMENT COORDINATOR: Monica Larina, (361) 881-6965; REGIONAL OFFICE: 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401, (361) 881-6900.
(2) COMPANY: Brazoria County; DOCKET NUMBER: 2023-0297-PWS-E; IDENTIFIER: RN101267029; LOCATION: Angleton, Brazoria 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: $1,312; ENFORCEMENT COORDINATOR: Miles Caston, (512) 239-4593; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(3) COMPANY: BUCKHORN LAKE RESORT LLC; DOCKET NUMBER: 2024-0351-WR-E; IDENTIFIER: RN111792958; LOCATION: Kerrville, Kerr County; TYPE OF FACILITY: operator; RULE VIOLATED: TWC, §11.053, by failing to prevent any unauthorized diversions or use of state water where water diversion curtailments/suspensions have been ordered by the Executive Director; PENALTY: $420; ENFORCEMENT COORDINATOR: Kolby Farren, (512) 239-2098; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(4) COMPANY: Camden Homes, LLC; DOCKET NUMBER: 2023-1797-WQ-E; IDENTIFIER: RN111810768; LOCATION: Cleveland, Liberty County; TYPE OF FACILITY: construction site; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(C), by failing to obtain authorization to discharge stormwater associated with construction activities; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Madison Stringer, (512) 239-1126; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(5) COMPANY: CENTRAL TRANSPORT LLC; DOCKET NUMBER: 2022-1066-PST-E; IDENTIFIER: RN100702653; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC §334.49(a)(2) and (c)(2)(C) and TWC, §26.3475(d), by failing to ensure the underground storage tank system (UST) corrosion protection system is operated and maintained in a manner that will provide continuous corrosion protection to all underground metal components of the UST system; PENALTY: $3,476; ENFORCEMENT COORDINATOR: Lauren Little, (817) 588-5888; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Charles R. Gilley dba Whispering Oaks Water COOP; DOCKET NUMBER: 2023-0832-MLM-E; IDENTIFIER: RN101212181; LOCATION: Quinlan, Hunt County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §288.20(a) and §288.30(5)(B), and TWC, §11.1272(c), by failing to adopt a drought contingency plan which includes all elements for municipal use by a retail public water supplier; 30 TAC §290.41(c)(1)(F), by failing to obtain a sanitary control easement covering land within 150 feet of the facility's wells; 30 TAC §290.41(c)(3)(K), by failing to seal the wellhead by a gasket or sealing compound and provide a well casing vent for Well Number 2 that is covered with 16-mesh or finer corrosion-resistant screen, facing downward, elevated and located so as to minimize the drawing of contaminants into the well; 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; and 30 TAC §290.46(s)(1), by failing to calibrate the facility's Well Number 1 well meter at least once every three years; PENALTY: $2,032; ENFORCEMENT COORDINATOR: Nick Lohret-Froio, (512) 239-4495; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(7) COMPANY: City of Charlotte; DOCKET NUMBER: 2023-0327-PWS-E; IDENTIFIER: RN101389880; LOCATION: Charlotte, Atascosa County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.43(c)(6), by failing to ensure that clearwells and potable water storage tanks, including associated appurtenances such as valves, pipes, and fittings, are thoroughly tight against leakage; PENALTY: $250; ENFORCEMENT COORDINATOR: Daphne Greene, (903) 535-5157; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(8) COMPANY: City of Cisco; DOCKET NUMBER: 2023-0060-PWS-E; IDENTIFIER: RN101389104; LOCATION: Cisco, Eastland County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(d)(2)(B) and §290.110(b)(4) and Texas Health and Safety Code, §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; PENALTY: $780; ENFORCEMENT COORDINATOR: Dalton Wallace, (512) 239-6704; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(9) COMPANY: CRANFORD, BLAKE AARON; DOCKET NUMBER: 2024-0339-WQ-E; IDENTIFIER: RN110839412; LOCATION: Gary, Panola County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: Mark Gamble, (512) 239-2587; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(10) COMPANY: DASHIELL CORPORATION; DOCKET NUMBER: 2024-0484-WQ-E; IDENTIFIER: RN111877247; LOCATION: Edroy, San Patricio County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain authorization to discharge stormwater associated with construction activities; PENALTY: $875; ENFORCEMENT COORDINATOR: Nancy Sims, (512) 239-5053; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(11) COMPANY: DELHUR INDUSTRIES INCORPORATED; DOCKET NUMBER: 2024-0437-WQ-E; IDENTIFIER: RN111490058; LOCATION: Aspermont, Stonewall County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain authorization to discharge stormwater associated with construction activities; PENALTY: $875; ENFORCEMENT COORDINATOR: Nancy Sims, (512) 239-5053; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(12) COMPANY: FIKES WHOLESALE INCORPORATED; DOCKET NUMBER: 2024-0422-WQ-E; IDENTIFIER: RN111550679; LOCATION: Snyder, Scurry County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain authorization to discharge stormwater associated with construction activities; PENALTY: $875; ENFORCEMENT COORDINATOR: Mark Gamble, (512) 239-2587; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(13) COMPANY: Foxworth-Galbraith Lumber Company; DOCKET NUMBER: 2022-1036-AIR-E; IDENTIFIER: RN111330296; LOCATION: Whitesboro, Grayson County; TYPE OF FACILITY: lumber yard; RULES VIOLATED: 30 TAC §101.4 and Texas Health and Safety Code, §382.085(a) and (b), by failing to prevent nuisance dust conditions; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Mackenzie Mehlmann, (512) 239-2572; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(14) COMPANY: HallCore Construction Services, LLC; DOCKET NUMBER: 2023-1650-WR-E; IDENTIFIER: RN111796421; LOCATION: Magnolia, Montgomery County; TYPE OF FACILITY: construction site; RULES VIOLATED: 30 TAC §297.11 and TWC, §11.081 and §11.121, by failing to obtain authorization prior to diverting, impounding, storing, taking, or using state water; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Nancy Sims, (512) 239-5053; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(15) COMPANY: Inez Convenience Services LLC dba Smitty's; DOCKET NUMBER: 2023-0042-PWS-E; IDENTIFIER: RN111467221; LOCATION: Inez, Victoria County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 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; PENALTY: $510; ENFORCEMENT COORDINATOR: Nick Lohret-Froio, (512) 239-4495; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(16) COMPANY: Isomedix Operations Incorporated; DOCKET NUMBER: 2023-1374-AIR-E; IDENTIFIER: RN100739226; LOCATION: Grand Praire, Tarrant County; TYPE OF FACILITY: sterilization plant; RULES VIOLATED: 30 TAC §101.201(a)(1)(B) and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit an initial notification for a reportable emissions event no later than 24 hours after the discovery of an emissions event; and 30 TAC §116.115(c), New Source Review Permit Number 38690, Special Conditions Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $2,663; ENFORCEMENT COORDINATOR: Trenton White, (903) 535-5155; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(17) COMPANY: J Michael Design and Construction, LLC; DOCKET NUMBER: 2023-1246-WQ-E; IDENTIFIER: RN111363743; LOCATION: Chandler, Henderson County; TYPE OF FACILITY: construction site; 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 construction activities; and TWC, §26.121(a)(2), by failing to prevent an unauthorized discharge of sediment into or adjacent to any water in the state; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Nancy Sims, (512) 239-5053; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(18) COMPANY: Jerry A. Krogsgaard Jr.; DOCKET NUMBER: 2023-0874-WQ-E; IDENTIFIER: RN111585527; LOCATION: Victoria, Victoria County; TYPE OF FACILITY: construction site; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge stormwater associated with construction activities; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Mistie Gonzales, (254) 761-3056; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(19) COMPANY: LMAJ LLC; DOCKET NUMBER: 2024-0359-WQ-E; IDENTIFIER: RN111740163; LOCATION: Muenster, Cooke County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain authorization to discharge stormwater associated with construction activities; PENALTY: $875; ENFORCEMENT COORDINATOR: Nancy Sims, (512) 239-5053; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(20) COMPANY: Motiva Enterprises LLC f/k/a Motiva Chemicals LLC; DOCKET NUMBER: 2022-1680-AIR-E; IDENTIFIER: RN100217389; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(a), 116.715(a), and 122.143(4), Flexible Permit Numbers 16989 and PSDTX794, Special Conditions Number 1, Federal Operating Permit (FOP) Number O1317, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 23, and Texas Health and Safety Code (THSC), §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1)(B) and §122.143(4), FOP Number O1317, GTC and STC Number 2.F, and THSC, §382.085(b), by failing to submit an initial notification for a reportable emissions event no later than 24 hours after the discovery of an emissions event; PENALTY: $28,938; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $14,469; ENFORCEMENT COORDINATOR: Caleb Martin, (512) 239-2091; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(21) COMPANY: NOBLE UNDERGROUND LLC; DOCKET NUMBER: 2024-0567-WR-E; IDENTIFIER: RN111849279; LOCATION: Montgomery, Montgomery County; TYPE OF FACILITY: operator; RULES VIOLATED: TWC, §11.081 and §11.121, by failing to obtain authorization prior to appropriating any state water or beginning construction of any work designed for the storage, taking, or diversion of water; PENALTY: $350; ENFORCEMENT COORDINATOR: Arti Patel, (512) 239-2514; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(22) COMPANY: PROPELL AMERICAN LLC; DOCKET NUMBER: 2024-0504-WQ-E; IDENTIFIER: RN111884201; LOCATION: Granbury, Hood County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit for stormwater discharges; PENALTY: $875; ENFORCEMENT COORDINATOR: Nancy Sims, (512) 239-5053; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(23) COMPANY: ROSE CITY RESOURCES LLC; DOCKET NUMBER: 2024-0443-WR-E; IDENTIFIER: RN111726741; LOCATION: Linden, Cass County; TYPE OF FACILITY: operator; RULES VIOLATED: TWC, §11.081 and §11.121, by failing to obtain authorization prior to appropriating any state water or beginning construction of any work designed for the storage, taking, or diversion of water; PENALTY: $875; ENFORCEMENT COORDINATOR: Arti Patel, (512) 239-2514; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(24) COMPANY: ROSE CITY RESOURCES LLC; DOCKET NUMBER: 2024-0552-WR-E; IDENTIFIER: RN111726725; LOCATION: Linden, Cass County; TYPE OF FACILITY: operator; RULES VIOLATED: TWC, §11.081 and §11.121, by failing to obtain authorization prior to appropriating any state water or beginning construction of any work designed for the storage, taking, or diversion of water; PENALTY: $350; ENFORCEMENT COORDINATOR: Arti Patel, (512) 239-2514; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(25) COMPANY: SANTANA, JUAN GERARDO; DOCKET NUMBER: 2024-0528-WOC-E; IDENTIFIER: RN105015895; LOCATION: Copeville, Collin County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: Nancy Sims, (512) 239-5053; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(26) COMPANY: Shamsuddin N. Khoja dba Chavez Food Mart; DOCKET NUMBER: 2022-0255-PST-E; IDENTIFIER: RN101330827; LOCATION: San Antonio, Bexar 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; 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the UST in a manner which will detect a release at a frequency of at least once every 30 days, and failing to provide release detection for the pressurized piping associated with the UST system; and 30 TAC §334.606, by failing to maintain operator training certification records on-site and make them available for inspectin upon request by agency personnel; PENALTY: $5,969; ENFORCEMENT COORDINATOR: Amy Lane, (512) 239-2614; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(27) COMPANY: TEXAS DEPARTMENT OF TRANSPORTATION; DOCKET NUMBER: 2024-0442-WQ-E; IDENTIFIER: RN111490058; LOCATION: Apermont, Stonewall County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain authorization to discharge stormwater associated with construction activities; PENALTY: $875; ENFORCEMENT COORDINATOR: Nancy Sims, (512) 239-5053; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(28) COMPANY: TGC CUSTOM HOMES LLC; DOCKET NUMBER: 2024-0410-WQ-E; IDENTIFIER: RN111750980; LOCATION: Sanger, Denton County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain authorization to discharge stormwater associated with construction activities; PENALTY: $875; ENFORCEMENT COORDINATOR: Nancy Sims, (512) 239-5053; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(29) COMPANY: The Lubrizol Corporation; DOCKET NUMBER: 2023-1306-AIR-E; IDENTIFIER: RN100221589; LOCATION: Deer Park, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), New Source Review Permit Number 22046, Special Conditions Number 1, Federal Operating Permit Number O1932, General Terms and Conditions and Special Terms and Conditions Number 12, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $13,125; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $5,250; ENFORCEMENT COORDINATOR: Krystina Sepulveda, (956) 430-6045; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(30) COMPANY: TOP ROCKS LLC; DOCKET NUMBER: 2024-0572-WQ-E; IDENTIFIER: RN111455572; LOCATION: Woodlawn, Harrison County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit for stormwater discharges; PENALTY: $875; ENFORCEMENT COORDINATOR: Nancy Sims, (512) 239-5053; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(31) COMPANY: Verdun Oil and Gas LLC, Solaris Oilfield Site Services Operating, LLC, and Universal Pressure Pumping, Incorporated; DOCKET NUMBER: 2022-0972-IHW-E; IDENTIFIER: RN111325437; LOCATION: Falls City, Karnes County; TYPE OF FACILITY: oil and gas production site; RULE VIOLATED: 30 TAC §327.3(g), by failing to immediately notify local emergency authorities of a spill or discharge that created an imminent health threat; PENALTY: $5,206; ENFORCEMENT COORDINATOR: Eresha DeSilva, (512) 239-5084; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(32) COMPANY: Watson Lakes Water Supply Corporation; DOCKET NUMBER: 2023-0294-PWS-E; IDENTIFIER: RN101267326; LOCATION: Huntsville, Walker County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to obtain a sanitary control easement covering land within 150 feet of the facility's Well Numbers G2360024A and G2360024B; PENALTY: $300; ENFORCEMENT COORDINATOR: Kaisie Hubschmitt, (512) 239-1482; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
TRD-202401604
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: April 16, 2024
An agreed order was adopted regarding Equinix LLC, Docket No. 2023‑0131‑AIR‑E on April 12, 2024 assessing $13,703 in administrative penalties with $2,740 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding the City of Round Rock, the City of Cedar Park, and the City of Austin, Docket No. 2020‑0964‑MLM‑E on April 12, 2024 assessing $355,980 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding WIMBERLEY SPRINGS PARTNERS LTD., Docket No. 2023‑0154‑MLM‑E on April 12, 2024 assessing $21,762 in administrative penalties with $4,352 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 Sralla MHP, LP, Docket No. 2021‑1343‑MWD‑E on April 12, 2024 assessing $53,625 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Monica Larina, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding the City of Galveston, Docket No. 2021‑1589‑MWD‑E on April 12, 2024 assessing $20,625 in administrative penalties with $4,125 deferred. Information concerning any aspect of this order may be obtained by Kolby Farren, 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 CNP Utility District, Docket No. 2021‑1550‑MWD‑E on April 12, 2024 assessing $29,975 in administrative penalties with $5,995 deferred. Information concerning any aspect of this order may be obtained by contacting Mark Gamble, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding the City of West, Docket No. 2021‑1643‑MWD‑E on April 12, 2024 assessing $56,250 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 the City of Edna, Docket No. 2022‑0381‑MWD‑E on April 12, 2024 assessing $36,600 in administrative penalties with $7,320 deferred. Information concerning any aspect of this order may be obtained by contacting Taylor Williamson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding the Town of Little Elm, Docket No. 2023‑0339‑MWD‑E on April 12, 2024 assessing $49,000 in administrative penalties with $9,800 deferred. Information concerning any aspect of this order may be obtained by contacting Megan Crinklaw, 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 Quadvest, L.P., Docket No. 2023‑0969‑MWD‑E on April 12, 2024 assessing $11,875 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Monica Larina, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Dorothea Edmonds dba James Mini Mart Exxon, Docket No. 2022‑1554‑PST‑E on April 12, 2024 assessing $10,563 in administrative penalties with $2,112 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 HINO GAS SALES, INCORPORATED dba Hino Gas, Docket No. 2023‑0748‑PST‑E on April 12, 2024 assessing $20,302 in administrative penalties with $4,060 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 Heritage Acres, LLC dba EJ Water and David Michael Chandler dba EJ Water, Docket No. 2021‑1526‑PWS‑E on April 12, 2024 assessing $11,024 in administrative penalties with $2,204 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 Red River Authority of Texas, Docket No. 2022‑0590‑PWS‑E on April 12, 2024 assessing $2,500 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.
TRD-202401554
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 12, 2024
An agreed order was adopted regarding City of Trinity, Docket No. 2021‑0717‑PWS‑E on April 16, 2024 assessing $4,928 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Misty James, 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 Permian Basin Materials, LLC, Docket No. 2022‑0237‑WQ‑E on April 16, 2024 assessing $2,813 in administrative penalties with $562 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 Homestead Enterprises, LLC, Docket No. 2022‑0527‑PWS‑E on April 16, 2024 assessing $6,065 in administrative penalties with $1,213 deferred. Information concerning any aspect of this order may be obtained by contacting Miles Wehner, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding 7461 W. Vickery, LLC, Docket No. 2022‑0761‑PWS‑E on April 16, 2024 assessing $3,250 in administrative penalties with $650 deferred. 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 PALO PINTO WATER SUPPLY CORPORATION, Docket No. 2022‑1048‑PWS‑E on April 16, 2024 assessing $3,250 in administrative penalties with $650 deferred. Information concerning any aspect of this order may be obtained by contacting Ilia Perez-Ramirez, 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 DAVIS MOTOR CRANE SERVICE, INC., Docket No. 2023‑0020‑PST‑E on April 16, 2024 assessing $2,556 in administrative penalties with $511 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 Sai Arya Laxmi Inc dba Corner Mart, Docket No. 2023‑0202‑PST‑E on April 16, 2024 assessing $4,500 in administrative penalties with $900 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.
An agreed order was adopted regarding SUNNY'S HWY 59 CLEVELAND, INC. dba Pit Stop, Docket No. 2023‑0409‑PST‑E on April 16, 2024 assessing $3,493 in administrative penalties with $698 deferred. Information concerning any aspect of this order may be obtained by contacting Tiffany Chu, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding BULLSEYE CONSTRUCTION, INC., Docket No. 2023‑0711‑WQ‑E on April 16, 2024 assessing $5,000 in administrative penalties with $1,000 deferred. Information concerning any aspect of this order may be obtained by contacting Monica Larina, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding BUCK ENERGY SERVICES, L.L.C., Docket No. 2023‑0814‑SLG‑E on April 16, 2024 assessing $5,625 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Haz Mat Special Services LLC and Sysco USA I, Inc., Docket No. 2023‑1051‑MSW‑E on April 16, 2024 assessing $2,648 in administrative penalties with $529 deferred. Information concerning any aspect of this order may be obtained by contacting Ramyia Wendt, 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 Intercontinental Terminals Company LLC, Docket No. 2023‑1149‑AIR‑E on April 16, 2024 assessing $3,900 in administrative penalties with $780 deferred. Information concerning any aspect of this order may be obtained by contacting Christina Ferrara, 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 Western Refining Terminals, LLC, Docket No. 2024‑0175‑AIR‑E on April 16, 2024 assessing $4,500 in administrative penalties with $900 deferred. Information concerning any aspect of this order may be obtained by contacting Christina Ferrara, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
TRD-202401647
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 17, 2024
APPLICATION. Johnson County Pipe Inc, 800 County Road 209, Alvarado, Texas 76009-8028 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 175607 to authorize the operation of a concrete batch plant. The facility is proposed to be located at 800 County Road 209, Alvarado, Johnson County, Texas 76009. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. https://gisweb.tceq.texas.gov/LocationMapper/?marker=-97.157641,32.407483&level=13. This application was submitted to the TCEQ on March 7, 2024. 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 March 27, 2024.
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, May 22, 2024, at 6:00 p.m.
LaQuinta Inn Banquet Hall
1165 W Highway 67
Alvarado, Texas 76009
RESPONSE TO COMMENTS. A written response to all formal comments will be prepared by the executive director after the comment period closes. The response, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments and the response to comments will be posted in the permit file for viewing.
The executive director shall approve or deny the application not later than 35 days after the date of the public hearing, considering all comments received within the comment period, and base this decision on whether the application meets the requirements of the standard permit.
CENTRAL/REGIONAL OFFICE. The application will be available for viewing and copying at the TCEQ Central Office and the TCEQ Dallas/Fort Worth Regional Office, located at 2309 Gravel Dr., Fort Worth, Texas 76118-6951, during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, beginning the first day of publication of this notice.
INFORMATION. If you need more information about this permit application or the permitting process, please call the Public Education Program toll free at (800) 687-4040. Si desea información en español, puede llamar al (800) 687-4040.
Further information may also be obtained from Johnson County Pipe, Inc., 800 County Road 209, Alvarado, Texas 76009-8028, or by calling Ms. Nickolet Blackstock, Environmental, Health and Safety Director at (817) 725-9219.
Notice Issuance Date: April 10, 2024
TRD-202401641
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 17, 2024
APPLICATION. Ingram Readymix No. 1, LLC, 3580 Farm to Market Road 482, New Braunfels, Texas 78132-5012 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 175708 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: drive north on State Highway 707 from the intersection of US Highway 277 and State Highway 707 for 0.86 miles and turn right on an unnamed road and drive 0.44 miles to the site located on the left side of the road, Abilene, Taylor County, Texas 79606. 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=-99.843916,32.387766&level=13 . This application was submitted to the TCEQ on March 18, 2024. 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 April 9, 2024.
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:
Tuesday, May 28, 2024, at 6:00 p.m.
MCM Elegante
Embassy Room
4250 Ridgemont Drive
Abilene, Texas 79606
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 Abilene Regional Office, located at 1977 Industrial Boulevard, Abilene, Texas 79602-7833, 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 Ingram Readymix No. 1, LLC 3580 Farm to Market Road 482, New Braunfels, Texas 78132-5012, or by calling Mr. Gary Johnson, Vice President at (830) 625-9156.
Notice Issuance Date: April 11, 2024
TRD-202401644
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 17, 2024
Notice issued April 11, 2024
TCEQ Internal Control No. D-03202024-041; Boomerang Waxahachie, LLC, a Texas limited liability company (Petitioner), filed a revised petition (petition) for the creation of Palmetto Municipal Utility District No. 1 of Ellis County (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 192 acres of land located within Ellis County, Texas; and (4) none of the land to be included within the proposed District is located within the corporate limits or extraterritorial jurisdiction of any city. On November 20, 2023, the City of Waxahachie (City) granted an "ETJ Release Petition" by adopting Ordinance No. 3425, affirming the release of the property from the City's extraterritorial jurisdiction. The petition further states that the work to be done by the proposed District at the present time is to purchase, construct, acquire, improve, or extend inside or outside of its boundaries any and all works, improvements, facilities, plants, equipment, and appliances necessary or helpful to supply and distribute water for municipal, domestic, and commercial purposes; to collect, transport, process, dispose of and control domestic and commercial wastes; to gather, conduct, divert, abate, amend and control local storm water or other local harmful excesses of water in the District; to design, acquire, construct, finance, improve, operate, and maintain macadamized, graveled, or paved roads and turnpikes, or improvements in aid of those roads; and to purchase, construct, acquire, improve, or extend inside or outside of its boundaries such additional facilities, systems, plants, and enterprises as shall be consonant with the purposes for which the District is created, all as more particularly described in an engineer's report filed simultaneously with the filing of this Petition, to which reference is made for a more detailed description. It is further proposed that the District be granted road powers pursuant to Texas Water Code, Section 54.234. 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 $29,969,306 ($24,017,651 for water, wastewater, and drainage plus $5,951,655 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-202401642
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 17, 2024
Notice issued April 12, 2024
TCEQ Internal Control No. D-12112023-010 Maple Grove Square, LLC, a Texas limited liability company and Maple Park Development, LLC, a Texas limited liability company (Petitioners), filed a petition for the creation of Waller County Municipal Utility District No. 54 (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 Petitioners hold title to a majority in value of the land to be included in the proposed District; (2) Maple Grove Square, LLC represents that there are no lienholders on the property owned by Maple Grove Square, LLC and Maple Park Development, LLC, represents that there is one lienholder, Rosebrook Holdings, LLC, on the property owned by Maple Park Development, LLC and the aforementioned entity has consented to the creation of the District. All (petitioners) land to be included in the proposed District; (3) the proposed District will consist of two (2) land tracts containing approximately 170.523 (total) acres located within Waller County, Texas; and (4) all of the land within the proposed district is located within the extraterritorial jurisdiction of the City of Pattison, Texas and the extraterritorial jurisdiction of the City of Brookshire, Texas. By Ordinance No. 166-2023, passed, approved, and adopted on June 8, 2023, the City of Pattison gave its consent to the creation of the proposed District, pursuant to Texas Water Code §54.016. By Resolution No. 1434, passed and approved, on March 27, 2023, the City of Brookshire gave its consent to the creation of the proposed District, pursuant to Texas Water Code §54.016. The petition further states that the work to be done by the District at the present time is the purchase, design, construction, acquisition, maintenance, ownership, operation, repair, improvement and extension of a waterworks and sanitary sewer system for residential and commercial purposes, and the construction, acquisition, improvement, extension, maintenance and operation of works, improvements, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the District, and to control, abate and amend local storm waters or other harmful excesses of waters, all as more particularly described in an engineer's report filed simultaneously with the filing of this petition, to which reference is hereby made for more detailed description, and such other purchase, construction, acquisition, maintenance, ownership, operation, repair, improvement and extension of such additional facilities, including roads, parks and recreation facilities, systems, plants and enterprises as shall be consistent with all of the purposes for which the District is created (the "Project"). According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioner that the cost of said project will be approximately $46,600,000 ($26,700,000 for water, wastewater, and drainage, $16,200,000 for roads and $3,700,000 for park and recreational facilities).
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.texas.gov.
TRD-202401643
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 17, 2024
Notice issued April 16, 2024
TCEQ Internal Control No. D-03052024-012 Caddo Mills Laguna Land Azure, LLC, a Wyoming limited liability company, ("Petitioner") filed a petition for creation of Mykonos Municipal Utility District of Hunt County (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article II, Section 52 and Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner is the owner of a majority of the assessed value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 216.38 acres of land, located within Hunt County, Texas; (4) none of the land to be included in the proposed District is within the corporate limits of any municipality, but a portion of the land to be included in the proposed District is within the extra-territorial jurisdiction of the City of Caddo Mills, Texas (City), and (5) although the City has not consented to creation of the District, the Petitioner has satisfied the requirements of Texas Water Code Section 54.016(b) and (c) and Texas Local Government Code Section 42.042, so that the authorization for inclusion of the land in the proposed District may be assumed pursuant to the cited statutes. The petition further states that the general nature of the proposed District is (1) the construction of a water distribution system for domestic purposes; (2) the construction of a sanitary sewer system; (3) the control, abatement and amendment of the harmful excess of waters and the reclamation and drainage of overflowed lands within the District; (4) the construction and financing of macadamized, graveled, or paved roads, or improvements in aid of those roads; (5) such other construction, installation, maintenance, purchase and operation of such additional facilities, systems, plants and enterprises as shall be consistent with the purposes for which the District is organized; and (6) it is proposed that the District be granted the authority to design, acquire, construct, finance, issue bonds for, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance, a road or any improvement in aid of the road, pursuant to Texas Water Code, Section 54.234. According to the petition, a preliminary investigation has been made to determine the cost of purchasing and constructing the project, and it is estimated by the Petitioner, from the information available at this time, that the cost of said project will be approximately $80,310,000 ($59,435,000 for water, wastewater and drainage and $20,875,000 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-202401646
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 17, 2024
The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the 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 28, 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 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 28, 2024. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on an AO shall be submitted to the commission in writing.
(1) COMPANY: GREEN ACRES RV PARK & RENTALS LLC; DOCKET NUMBER: 2020-0945-PWS-E; TCEQ ID NUMBER: RN106171119; LOCATION: 1702 United States Highway 90A near Hallettsville, Lavaca County; TYPE OF FACILITY: public water supply; RULES VIOLATED: TCEQ Agreed Order Docket Number 2018-0050-PWS-E, Ordering Provision Number 2.a.ii., by failing to issue public notification and submit a copy of the public notification to the executive director regarding the failure to conduct routine coliform monitoring for the month of January 2016; and 30 TAC §290.109(d)(4)(B), by failing to collect, within 24 hours of notification of the routine distribution total coliform-positive samples on September 17, 2018, and October 11, 2018, at least one raw groundwater source Escherichia coli (or other approved fecal indicator) sample from the active groundwater source in use at the time the distribution coliform-positive samples were collected; PENALTY: $758; STAFF ATTORNEY: William Hogan, Litigation, MC 175, (512) 239-5918; REGIONAL OFFICE: Corpus Christi Regional Office, 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401-0318, (361) 881-6900.
(2) COMPANY: SAGARMATHA GROUP INC. dba Everest Food Mart; DOCKET NUMBER: 2022-0256-PST-E; TCEQ ID NUMBER: RN101874840; LOCATION: 2810 Eastex Freeway, Beaumont, Jefferson County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.48(e), by failing to ensure that all release detection equipment is maintained in good operating condition and functioning in accordance with agency practices and manufacturer's specification; TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every 30 days; TWC, §26.3475(a) and 30 TAC §334.50(b)(2)(A)(i)(III), by failing to provide release detection for the pressurized piping associated with the UST system; TWC, §26.3475(c)(2) and 30 TAC §334.48(g)(1)(A)(ii) and (2)(A)(i), by failing to test the spill prevention equipment and containment sumps at least once every three years; TWC, §26.3475(c)(2) and 30 TAC §334.48(h)(1)(A), by failing to inspect the overfill prevention and release detection equipment at least once every 30 days; TWC, §26.3475(c)(2) and 30 TAC §334.48(g)(1)(B), by failing to inspect the overfill prevention equipment every three years to ensure that overfill prevention equipment is set to activate at the correct level and will activate when a regulated substance reaches that level; and TWC, §26.3475(c)(2) and 30 TAC §334.48(h)(1)(B)(i), by failing to conduct the annual walkthrough inspection of the containment sumps for damage, leaks, or releases to the environment; PENALTY: $5,979; STAFF ATTORNEY: Jennifer Peltier, Litigation, MC 175, (512) 239-0544; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
TRD-202401605
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: April 16, 2024
APPLICATION. Jireten, LLC, P.O. Box 140991, Irving, Texas 75014, has applied to the Texas Commission on Environmental Quality (TCEQ) for a new Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0016336001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 162,000 gallons per day. TCEQ received this application on April 28, 2023.
The facility will be located approximately 590 feet south of the intersection of Butcher Road and South Ring Road, in Ellis County, Texas 75165. The treated effluent will be discharged to an unnamed tributary, thence to an unnamed impoundment, thence to an unnamed tributary, thence to Lake Clopton, thence to an unnamed impoundment, thence to a series of ponds, thence to an unnamed tributary, thence to Red Oak Creek, thence to Upper Trinity River in Segment No. 0805 of the Trinity River Basin. The unclassified receiving water uses are limited aquatic life use for the unnamed tributary and high aquatic life use for Lake Clopton and the unnamed impoundments. The designated uses for Segment No. 0805 are primary contact recreation and high aquatic life use. In accordance with 30 Texas Administrative Code Section 307.5 and the TCEQ's Procedures to Implement the Texas Surface Water Quality Standards (June 2010), an antidegradation review of the receiving waters was performed. A Tier 1 antidegradation review has preliminarily determined that existing water quality uses will not be impaired by this permit action. Numerical and narrative criteria to protect existing uses will be maintained. A Tier 2 review has preliminarily determined that no significant degradation of water quality is expected in Lake Clopton and the unnamed impoundments, which has been identified as having high aquatic life uses. Existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received. This link to an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice. For the exact location, refer to the application.
https://gisweb.tceq.texas.gov/LocationMapper/?marker=-96.806388,32.456666&level=18
The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements.
ALTERNATIVE LANGUAGE NOTICE. Alternative language notice in Spanish is available at https://www.tceq.texas.gov/permitting/wastewater/plain-language-summaries-and-public-notices. El aviso de idioma alternativo en español está disponible en https://www.tceq.texas.gov/permitting/wastewater/plain-language-summaries-and-public-notices.
PUBLIC COMMENT / PUBLIC MEETING. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. A public meeting is not a contested case hearing under the Administrative Procedure Act. During the Informal Discussion Period, the public will be encouraged to ask questions of the applicant and TCEQ staff concerning the permit application. The comments and questions submitted orally during the Informal Discussion Period will not be considered before a decision is reached on the permit application and no formal response will be made. Responses will be provided orally during the Informal Discussion Period. During the Formal Comment Period on the permit application, members of the public may state their formal comments orally into the official record. A written response to all timely, relevant and material, or significant comments will be prepared by the Executive Director. All formal comments will be considered before a decision is reached on the permit application. A copy of the written response will be sent to each person who submits a formal comment or who requested to be on the mailing list for this permit application and provides a mailing address. Only relevant and material issues raised during the Formal Comment Period can be considered if a contested case hearing is granted on this permit application.
The Public Meeting is to be held:
Thursday, May 30, 2024 at 7:00 p.m.
Waxahachie Civic Center
2000 Civic Center Lane
Waxahachie, Texas 75165
INFORMATION. Members of the public are encouraged to submit written comments anytime during the meeting or by mail before the close of the public comment period to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at www.tceq.texas.gov/goto/comment. If you need more information about the permit application or the permitting process, please call the TCEQ Public Education Program, Toll Free, at (800) 687-4040. Si desea información en español, puede llamar (800) 687-4040. General information about the TCEQ can be found at our web site at https://www.tceq.texas.gov.
The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at Nicholas P. Sims Library, 515 West Main Street, Waxahachie, Texas. Further information may also be obtained from Jireten, LLC at the address stated above or by calling Mr. Keith Davis, President, at (469) 616-9322.
Persons with disabilities who need special accommodations at the meeting should call the Office of the Chief Clerk at (512) 239-3300 or (800) RELAY-TX (TDD) at least five business days prior to the meeting.
Issuance Date: April 15, 2024
TRD-202401640
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 17, 2024
Notice mailed on April 11, 2024 Proposed Permit No. 207C
Application. City of Del Rio has applied to the Texas Commission on Environmental Quality (TCEQ) for a permit amendment to authorize the expansion of the existing City of Del Rio landfill. The existing permit boundary and limit of waste will be expanded from 105.6 acres to 180.6 acres and 79 acres to 110.3 acres, respectively. In addition, the top deck of the landfill will be increased from 1113 ft-msl to 1124 ft-msl. The facility is located at 1897 Railway Avenue, Del Rio, 78840, in Val Verde County, Texas. The TCEQ received this application on March 7, 2024. The permit application is available for viewing and copying at the Del Rio Public Works, 114 W Martin Street, Del Rio, 78840, in the County of Val Verde, Texas and may be viewed online at http://www.cpypermits.com. The following link to an electronic map of the site or facility general location is provided as a public courtesy and is not part of the application or notice: https://arcg.is/uTj19. For exact location, refer to application.
Alternative Language Notice/Aviso de idioma alternativo. Alternative language notice in Spanish is available at www.tceq.texas.gov/goto/mswapps. La notificación en otro idioma en español está disponible en www.tceq.texas.gov/goto/mswapps.
Additional Notice. TCEQ's Executive Director has determined the application is administratively complete and will conduct a technical review of the application. After technical review of the application is complete, the Executive Director may prepare a draft permit and will issue a preliminary decision on the application. Notice of the Application and Preliminary Decision will be published and mailed to those who are on the county-wide mailing list and to those who are on the mailing list for this application. That notice will contain the deadline for submitting public comments.
Public Comment/Public Meeting. You may submit public comments or request a public meeting on this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ will hold a public meeting if the Executive Director determines that there is a significant degree of public interest in the application 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, and the Executive Director's decision on the application, 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 reconsideration of the Executive Director's decision and for requesting a contested case hearing. A person who may be affected by the facility is entitled to request a contested case hearing from the commission. A contested case hearing is a legal proceeding similar to a civil trial in 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 permit number; the location and distance of your property/activities relative to the 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 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 that are relevant and material to the Commission's decision on the application submitted during the comment period.
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 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. 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 (CID) at www.tceq.texas.gov/goto/cid. Once you have access to the CID using the above link, enter the permit number for this application, which is provided at the top of this notice.
Agency Contacts and Information. All 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 TCEQ's 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 Del Rio at the mailing address 114 West Martin Street, Del Rio, Texas 78840 or by calling Mr. Alberto Quintanilla, Public Works Director at (830) 774-8525.
TRD-202401645
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: April 17, 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 April 8, 2024 to April 12, 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 19, 2024. The public comment period for this project will close at 5:00 p.m. on Sunday May 19, 2024.
Federal Agency Activities:
Applicant: Bureau of Ocean Energy Management (BOEM)
Location: The Gulf of Mexico (GOM) Outer Continental Shelf (OCS) Wind Energy Area (WEA) Lease Areas consist of OCS-G37962, OCS-G37963, OCS-G37964, and OCS-G37965.
Project Description: BOEM is proposing to issue commercial wind energy leases within WEAs following which site characterization and site assessment activities are expected to take place that would determine whether a lease is suitable for commercial-scale wind energy production. The leases would not authorize the lessee to construct or operate any wind energy project on the GOM OCS. Issuance of leases would allow lessees only the exclusive right to submit plans for BOEM's consideration and approval. The areas proposed for leasing total 410,060 acres.
Type of Application: BOEM proposed commercial wind energy lease sale.
CMP Project No: 24-1216-F2
Federal License and Permit Activities:
Applicant: Port of Port Mansfield
Location: The project site is located in the Port Mansfield Channel from STA 16+000 to STA -4+000, with the approximate 250-acre placement area within the surf zone of the Gulf of Mexico and along the Padre Island National Seashore (PINS) beach from the Port Mansfield North Jetty, extending 10,770 feet north (including all of the existing Corps Placement Area 2A), in Willacy County, Texas.
Latitude and Longitude: 26.563495, -97.276357
Project Description: The applicant proposes to conduct maintenance dredging of approximately 2 million cubic yards of beach quality sand (<1% silt and clay) from within the federal channel entrance (Port Mansfield Channel) performed in accordance with design drawings from USACE SWG-IWW-1175-276, from STA 16+000 to STA -4+000. Specific requested regulated actions include maintenance dredging of the Port of Port Mansfield federal channel entrance; beneficial use and placement of the dredged material within a 1,082-foot by 10,770-foot (approx. 250-acre) portion of PINS extending northward from the north channel jetty (including all of Corps Placement Area 2); and future maintenance dredging and beneficial use for beach nourishment at the beach nourishment placement site.
The sediment from the channel would be hydraulically dredged from the proposed dredge areas and pumped via floating and submerged dredge pipeline to the proposed placement area. Prior to placement, the shoreline would be evaluated to define current conditions and determine the optimal location for placement to best nourish the beach and avoid adverse impacts to species habitats. The fill would be placed in accordance with a preconfigured fill design template (see plan drawings) to avoid impact to sensitive habitats and prevent any escarpments that would be detrimental to sea turtle nesting activities from forming. The beach nourishment template will include a maximum cross shore slope of 5 degrees (~1H:11.4V) placed longshore in 500-yard long sections with 500-yard gaps in between sections, alternating sections for each event. The dredged material would be placed within an approximate 1,082-foot-wide cross-section and overall fill volume would not exceed an estimated 2 million cubic yards. Only beach-compatible material would be transferred to the shoreline.
The dredged material would be transferred from the channel to the placement area via pipeline, and the pipeline outfall would include an energy dissipator or diffuser to slow discharge velocity and prevent scour immediately beneath the discharge point. Dredging and placement would be coordinated with landowners and pertinent agencies and would be conducted in accordance with best practices to protect sea turtles and birds such as Piping Plover, Black Rail, and Rufa Red Knot (and other local species).
Emergency dredging, as needed, may occur outside of the Mid-October to March timeframe and would be smaller in magnitude (approximately 300,000 cubic yards per event), to allow for safe navigation through the channel after observed shoaling has occurred. During these events, PINS monitoring requirements would be followed by the contractor to allow for PINS personnel to be on site daily for monitoring. Beach closure signs shall be installed by the contractor at locations designated by the National Park Service with text approved in advance by PINS.
The applicant is also requesting a maintenance dredging time period of 10 years. No mitigation is proposed for this project.
Type of Application: U.S. Army Corps of Engineers permit application #SWG-2023-00289. 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: 24-1197-F1
Applicant: Bay LTD.
Location: The project site is located in wetlands adjacent to the Intracoastal Waterway in Redfish Bay at 1124 County Road 4692, approximately 1.9 miles southeast of Ingleside, San Patricio County, Texas.
Latitude and Longitude: 27.863995, -97.173830
Project Description: The applicant proposes to expand an existing commercial facility. The proposed expansion project is located on approximately 15.0 acres of land owned by the applicant. Approximately 9.553 acres of wetlands would be filled using a variety of limestone, concrete, and earthen materials totaling approximately 57,653 cubic yards. The purpose of the expansion is to provide area for material storage, parking, and an approximately 300-foot x 100-foot warehouse.
The purpose of the proposed project would be to meet the ongoing and growing needs of the applicant's facility by providing additional parking and storage areas. A conceptual mitigation plan for the project is currently being developed by the applicant. Potential exists to utilize permittee-responsible mitigation for compensatory mitigation for this project. The applicant has access to potential sites that are nearby, but not immediately adjacent to, the existing facility. The type of mitigation used will be determined during discussions with the Corps.
Type of Application: U.S. Army Corps of Engineers permit application #SWG-2023-00817. 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: 24-1213-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-202401602
Mark Havens
Chief Clerk
General Land Office
Filed: April 15, 2024
The Texas Health and Human Services Commission (HHSC) published notice of an administrative rule transfer in the April 12, 2024, issue of the Texas Register (49 TexReg 2321). Due to an error by HHSC, the notice included an incorrect chapter name. The correct chapter name for Title 26, Chapter 300 should be State Authority Responsibilities.
TRD-202401600
Jessica Miller
Director, Rules Coordination Office
Texas Health and Human Services Commission
Filed: April 15, 2024
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 21, 2024, at 9:00 a.m., to receive public comments on proposed updates to Medicaid payment rates resulting from Calendar Fee Reviews, Medical Policy Reviews, Legislative Reviews, and Healthcare Common Procedure Coding System (HCPCS) Reviews.
This hearing will be conducted both in-person and as an online event. To join the hearing from your computer, tablet, or smartphone, register for the hearing in advance using the following link:
Registration URL:
https://attendee.gotowebinar.com/register/8064549891168508245
After registering, you will receive a confirmation email containing information about joining the webinar. Instructions for dialing-in by phone will be provided after you register.
Members of the public may attend the rate hearing in person, which will be held in the Public Hearing Room 1.401, 1.402, 1.403 & 1.404 in the North Austin Complex located at 4601 W Guadalupe Street, Austin, Texas, or they may access a live stream of the meeting at https://www.hhs.texas.gov/about/live-archived-meetings. For the live stream, select the "North Austin Complex Live" tab. A recording of the hearing will be archived and accessible on demand at the same website under the "Archived" tab. The hearing will be held in compliance with Texas Human Resources Code section 32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.
Any updates to the hearing details will be posted on the HHSC website at https://www.hhs.texas.gov/about/meetings-events.
Proposal. The effective date of the proposed payment rates for the topics presented during the rate hearing will be as follows:
Effective January 1, 2024
Calendar Fee Review:
-Indian Health Services (IHS)
-Medical Transportation Program (MTP)
Effective September 1, 2024
Calendar Fee Review:
-Cardiovascular System Surgery
-Digestive System Surgery
-Eye and Ocular Adnexa Surgery
- Financial Management Services Agency (FMSA)
-Physician Administered Drugs - Non-Oncology
-Physician Administered Drugs - Oncology
-Physician Administered Drugs - Vaccines & Toxoids
-Proton Therapy
-R Codes
-Renal Dialysis Medication
-Respiratory System Surgery
-Support Consultation
-T Codes
-Urinary System Surgery
-Vision Devices
Medical Policy Review:
-Colonoscopy Code 45399
-FQHC/RHC Telemonitoring - G0511
-Physician Administered Drugs - Non-Oncology (J0131)
-Q codes - Skin Substitute products
-Renal Dialysis
-THSteps Ortho Dental (D8070 & D8080)
Quarterly HCPCS Updates:
-Q3 HCPCS Drugs
-Q4 HCPCS Drugs
Legislatively Mandated Review:
-Biomarkers (SB989)
Methodology and Justification. The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code:
Section 355.114, Consumer Directed Services Payment Option
Section 355.7001, Reimbursement Methodology for Telemedicine, Telehealth, and Home Telemonitoring Services;
Section 355.8001, Reimbursement for Vision Care Services;
Section 355.8023, Reimbursement Methodology for Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS);
Section 355.8061, Outpatient Hospital Reimbursement;
Section 355.8085, Reimbursement Methodology for Physicians and Other Practitioners;
Section 355.8441, Reimbursement Methodologies for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Services (also known as Texas Health Steps);
Section 355.8561, Billing (Reimbursement Methodology for the Medical Transportation Program);
Section 355.8610, Reimbursement for Clinical Laboratory Services;
Section 355.8620, Reimbursement Methodology for Services provided in Indian Health Service and Tribal Facilities; and
Section 355.8660, Renal Dialysis Reimbursement.
Rate Hearing Packet. A briefing packet describing the proposed payment rates will be made available at https://pfd.hhs.texas.gov/rate-packets on or after May 7, 2024. Interested parties may obtain a copy of the briefing packet on or after that date by contacting Provider Finance by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at PFDAcuteCare@hhs.texas.gov.
Written Comments. Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Provider Finance at (512) 730-7475; or by e-mail to PFDAcuteCare@hhs.texas.gov. In addition, written comments may be sent by overnight mail to Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, North Austin Complex, 4601 Guadalupe St, Austin, Texas 78751.
Preferred Communication. For quickest response please use e-mail or phone if possible for communication with HHSC related to this rate hearing.
Persons with disabilities who wish to participate in the hearing and require auxiliary aids or services should contact Provider Finance at (512) 730-7401 at least 72 hours before the hearing so appropriate arrangements can be made.
TRD-202401613
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Filed: April 16, 2024
HHSC will conduct the next hybrid (in-person and virtual) meeting on May 13th, 2024, to receive public comment on the draft long-range planning report for the Texas State Hospitals. A draft report will be available to the public on the HHS website on May 6th. The report will address:
(1) projected future bed requirements for state hospitals;
(2) documenting the methodology used to develop the projection of future bed requirements;
(3) projected maintenance costs for institutional facilities;
(4) recommended strategies to maximize the use of institutional facilities; and
(5) how each state hospital will:
(A) serve and support the communities and consumers in its service area; and
(B) fulfill statewide needs for specialized services.
The initiatives outlined in this report will guide the Texas State Hospitals for the next six years. This report is developed under the authority of Texas Health and Safety Code §533.032.
What: Meeting on the Texas State Hospitals Long Range Plan
When: Monday, May 13th, 2024, at 10:30 a.m.
Where: John H. Winters Building - Room 125E
701 W. 51st St. Austin, Texas 78751
Virtual: https://www.hhs.texas.gov/about/live-archived-meetings
Virtual Oral Comments
Members of the public must pre-register to provide oral comments virtually during the meeting by completing a Public Comment Registration form for the May 13th public hearing. The form is located at https://forms.office.com/r/DL7fFaUi3t. The form must be completed and submitted no later than noon Friday, May 10th, 2024.
Please mark the correct box on the Public Comment Registration form and provide your name, either the organization you are representing or that you are speaking as a private citizen, and your direct phone number. If you have completed the Public Comment Registration form, you will receive an email the day before the meeting with instructions for providing virtual public comment. Public comment is limited to three minutes. Each speaker providing oral public comments virtually must ensure their face is visible and their voice audible to the other participants while they are speaking. Each speaker must state their name and for whom they are speaking (if anyone). If you pre-register to speak and wish to provide a handout before the meeting, please submit an electronic copy in accessible PDF format that will be distributed to the appropriate HHSC staff. Handouts are limited to two pages (paper size: 8.5" by 11", one side only). Handouts must be emailed to SHS_Central_Administration@hhsc.state.tx.us immediately after pre-registering, but no later than noon Friday, May 10th, 2024 and must include the name of the person who will be commenting. Do not include health or other confidential information in your comments or handouts. Staff will not read handouts aloud during the hearing, but handouts will be provided to the appropriate HHSC staff.
In-Person Oral Comments
Members of the public may provide oral public comment during the hearing in person at the hearing location either by pre-registering using the form above or without pre-registering by completing a form at the entrance to the meeting room. Do not include health or other confidential information in your comments.
Written Comments
A member of the public who wishes to provide written public comments must either email the comments to SHS_Central_Administration@hhsc.state.tx.us no later than noon Friday, May 10th , 2024, or send written comments via U.S. mail, overnight mail, special deliver mail, or hand delivery to the mailing address at the bottom of this notice. Please include your name and the organization you are representing or that you are speaking as a private citizen. Written comments are limited to two pages (paper size: 8.5" by 11", one side only). Do not include health or other confidential information in your comments. Staff will not read written comments aloud during the meeting, but comments will be provided to the appropriate HHSC staff.
Additional Information for Written Comments
Written comments, requests to review comments or both may be sent by U.S. mail, overnight mail, special delivery mail, hand delivery, fax or email.
U.S. Mail
Texas Health and Human Services Commission
Health and Specialty Care System / Texas State Hospitals
Attention: Terina McIntyre, Mail Code 2023
Austin State Hospital
4110 Guadalupe Street, Austin, Texas 78751
Overnight Mail, Special Delivery Mail, or Hand Delivery
Texas Health and Human Services Commission
Health and Specialty Care System / Texas State Hospitals
Attention: Terina McIntyre, Mail Code 2023
Austin State Hospital
4110 Guadalupe Street, Austin, Texas 78751
Terina.McIntyre01@hhs.texas.gov
Contact
If you have any questions, please contact Terina McIntyre at (512) 574-3218 or Terina.McIntyre01@hhs.texas.gov
TRD-202401487
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Filed: April 11, 2024
De acuerdo con los requisitos del Departamento de Salud y Servicios Humanos de los Estados Unidos para el Programa de Asistencia de Energía para Hogares de Bajos Ingresos (LIHEAP) y el Código de Gobierno de Texas, Capítulo 2105, Subcapítulo B, el Departamento de Vivienda y Asuntos Comunitarios de Texas (TDHCA) está abriendo una período de comentarios y realización de cuatro audiencias públicas para solicitar comentarios sobre el Borrador del Plan Estatal LIHEAP 2025.
El Borrador del Plan Estatal LIHEAP 2025 describe el uso y distribución propuestos de los fondos LIHEAP para 2025. LIHEAP proporciona fondos para el Programa Integral de Asistencia Energética (CEAP) y el Programa de Asistencia para la Climatización (WAP).
El Borrador del Plan Estatal LIHEAP 2025 fue presentado y aprobado por la Junta Directiva del TDHCA el 11 de abril de 2024. Como parte de los requisitos de información pública, consulta y audiencia pública para LIHEAP, la División de Asuntos Comunitarios del TDHCA ha publicado el Plan propuesto en el sitio web del TDHCA.
Visite el Centro de comentarios públicos del TDHCA en https://www.tdhca.texas.gov/tdhca-public-comment-center para acceder al Plan. Los documentos también se pueden obtener comunicándose con Gavin Reid en gavin.reid@tdhca.texas.gov o por teléfono al (512) 936-7828.
Las audiencias públicas para el Borrador del Plan Estatal LIHEAP 2025 se llevarán a cabo de la siguiente manera:
- martes, 14 de mayo, 2024, 5:30 pm - 6:00 p.m. en el edifició de Departamento de Vivienda y Asuntos comunitarios de Texas, 221 E. 11th Street, Floor #1, Austin, Texas 78701.
- jueves, 16 de mayo, 2024, 2:00 p.m. - 2:30 p.m. en las oficinas de BakerRipley, 1 piso en el Centro de Educación, 3838 Aberdeen Way, Houston, Texas 77025.
- jueves, 16 de mayo, 2024, 10:00 a.m.- 10:30 a.m. en el Centro Comunitario del Norte, 1100 NW 18th Street, Fort Worth, Texas 76164.
- jueves, 16 de mayo, 2024, 5:30 p.m. - 6:00 p.m. en la oficina de West Texas Opportunities, 1415 East 2nd Street, Odessa, Texas 79761
En cada una de las audiencias, se presentará el borrador del Plan LIHEAP para comentarios del público. Las personas pueden proporcionar comentarios sobre el Plan ya sea a través de testimonios orales o escritos. Un representante del TDHCA estará presente en la audiencia para explicar el proceso de planificación y recibir comentarios de ciudadanos interesados y grupos afectados sobre el Plan.
El período de comentarios públicos para aceptar comentarios sobre el Borrador del Plan LIHEAP estará abierto desde el 26 de abril de 2024 hasta el 21 de mayo de 2024 a las 5:00 p.m. Tiempo central. También se pueden enviar comentarios por escrito sobre los Planes al Departamento de Vivienda y Asuntos Comunitarios de Texas, a la atención de: Gavin Reid, P.O. Box 13941, Austin, Texas 78711-3941, o por correo electrónico a gavin.reid@tdhca.texas.gov. Los comentarios deben enviarse a más tardar a las 5:00 p.m. Hora central, 21 de mayo de 2024.
Cualquier pregunta sobre el proceso de comentarios públicos puede dirigirse a Gavin Reid en la División de Asuntos Comunitarios al (512) 936-7828 o gavin.reid@tdhca.texas.gov.
Las personas que requieran ayuda auxiliar, servicios o intérpretes de lenguaje de señas para las audiencias deben comunicarse con Rita Gonzales-Garza al (512) 475-3905 al menos tres días antes de la audiencia para que se puedan hacer los arreglos apropiados.
Las personas que no hablan inglés y que requieran intérpretes para la audiencia pública deben comunicarse con Rita Gonzales-Garza al (512) 475-3905 o por correo electrónico a rita.garza@tdhca.texas.gov al menos tres días antes de la audiencia para que se puedan hacer los arreglos apropiados hecho.
Personas que hablan español y requieren un intérprete o ayudas auxiliares, favor de llamar a Rita Gonzales-Garza al siguiente número (512) 475-3905 o enviarle un correo electrónico a rita.garza@tdhca.state.tx.us por lo menos tres días antes de la junta para hacer los preparativos apropiados.
TRD-202401575
Bobby Wilkinson
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 15, 2024
In accordance with the U. S. Department of Health and Human Services’ requirement for the Low Income Home Energy Assistance Program (LIHEAP) and Texas Government Code, Chapter 2105, Subchapter B, the Texas Department of Housing and Community Affairs (TDHCA) is opening a public comment period and conducting four public hearings to solicit comments on the Draft 2025 LIHEAP State Plan.
The Draft 2025 LIHEAP State Plan describes the proposed use and distribution of LIHEAP funds for 2025. LIHEAP provides funding for the Comprehensive Energy Assistance Program (CEAP) and the Weatherization Assistance Program (WAP).
The Draft 2025 LIHEAP State Plan was presented and approved by the TDHCA Board of Directors on April 11, 2024. As part of the public information, consultation, and public hearing requirements for LIHEAP, the Community Affairs Division of TDHCA has posted the proposed Plan on the TDHCA website.
Please visit the TDHCA Public Comment Center at https://www.tdhca.texas.gov/tdhca-public-comment-center to access the Plan.
The documents also may be obtained by contacting Gavin Reid at gavin.reid@tdhca.texas.gov or by phone at (512) 936-7828.
Public hearings for the Draft 2025 LIHEAP State Plan will be held as follows:
- Tuesday, May 14, 2024, 5:30 p.m. - 6:00 p.m. at Texas Department of Housing and Community Affairs, 221 East 11th Street, 1st Floor, Austin, Texas 78701.
- Thursday, May 16, 2024, at 2:00 p.m. - 2:30 p.m. at BakerRipley, First Floor Education Center, 3838 Aberdeen Way, Houston, Texas 77025.
- Thursday, May 16, 2024, at 10:00 a.m.- 10:30 a.m. at Northside Community Center, 1100 NW 18th Street, Fort Worth, Texas 76164.
- Thursday, May 16, 2024, at 5:30 p.m. - 6:00 p.m. at West Texas Opportunities, 1415 East 2nd Street, Odessa, Texas 79761.
At each of the hearings, the Draft LIHEAP Plan will be presented for public comment. Persons may provide comment on the Plan either through oral testimony or written testimony. A representative from TDHCA will be present at the hearing to explain the planning process and receive comments from interested citizens and affected groups regarding the Plan.
The public comment period to accept comments regarding the Draft LIHEAP Plan will be open from April 26, 2024 through May 21, 2024 at 5:00 p.m. Central time. Written comments concerning the Plans may also be submitted to the Texas Department of Housing and Community Affairs, Attn: Gavin Reid, P.O. Box 13941, Austin, Texas 78711-3941, or by email to gavin.reid@tdhca.texas.gov. Comments are due no later than 5:00 p.m. Central time, May 21, 2024.
Any questions regarding the public comment process may be directed to Gavin Reid in the Community Affairs Division at (512) 936-7828 or gavin.reid@tdhca.texas.gov.
Individuals who require auxiliary aids, services or sign language interpreters for the hearings should contact Rita Gonzales-Garza, at (512) 475-3905 at least three days before the hearing so that appropriate arrangements can be made.
Non-English speaking individuals who require interpreters for the public hearing should contact Rita Gonzales-Garza at (512) 475-3905 or by email at rita.garza@tdhca.texas.gov at least three days before the hearing so that appropriate arrangements can be made.
Personas que hablan español y requieren un intérprete, favor de llamar a Rita Gonzales-Garza, al siguiente número (512) 475-3905 por lo menos cinco días antes de la junta para hacer los preparativos apropiados.
TRD-202401574
Bobby Wilkinson
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 15, 2024
The Texas Department of Housing and Community Affairs (the Department) announces the availability of $1,000,000 in funding for the Youth and Young Adult Homeless Program funds for the provision of housing and homeless services in Fort Bend County. The funds will be made available to eligible applicants as further described in the NOFA.
Applications for an award of funds may be submitted beginning Friday, April 26, 2024 in accordance with the NOFA. The NOFA will expire the date the Department's Governing Board of Directors awards all of the funds under the NOFA. In no event may funds be awarded after August 31, 2025. Amendments will be published on the TDHCA website.
Information is available on the Department's web site at http://www.tdhca.state.tx.us/nofa.htm. Questions regarding the NOFA may be addressed to the Rosy Falcon via email at rosy.falcon@tdhca.state.tx.us.
TRD-202401576
Bobby Wilkinson
Executive Director
Texas Department of Housing and Community Affairs
Filed: April 15, 2024
Scratch Ticket Game Number 2569 "DOUBLE DOUBLER"
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2569 is "DOUBLE DOUBLER". The play style is "key symbol match".
1.1 Price of Scratch Ticket Game.
A. The price for Scratch Ticket Game No. 2569 shall be $5.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2569.
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: POT OF GOLD SYMBOL, CHERRY SYMBOL, HEART SYMBOL, MOON SYMBOL, CACTUS SYMBOL, LEMON SYMBOL, ELEPHANT SYMBOL, TREE SYMBOL, BANANA SYMBOL, RAINBOW SYMBOL, MELON SYMBOL, WISHBONE SYMBOL, GRAPES SYMBOL, WALLET SYMBOL, SUN SYMBOL, GOLD BAR SYMBOL, HORSESHOE SYMBOL, ANCHOR SYMBOL, SAILBOAT SYMBOL, LIGHTNING BOLT SYMBOL, DICE SYMBOL, SHELL SYMBOL, SPADE SYMBOL, CROWN SYMBOL, PINEAPPLE SYMBOL, BELL SYMBOL, UMBRELLA SYMBOL, DAISY SYMBOL, DIAMOND SYMBOL, HAT SYMBOL, BOOT SYMBOL, BIRD SYMBOL, LADYBUG SYMBOL, BUTTERFLY SYMBOL, APPLE SYMBOL, CAKE SYMBOL, GIFT SYMBOL, BALLOONS SYMBOL, TREASURE CHEST SYMBOL, SAFE SYMBOL, MONEY BAG SYMBOL, $5.00, $10.00, $20.00, $40.00, $100, $200, $1,000 and $100,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 2569 - 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 (2569), 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: 2569-0000001-001.
H. Pack - A Pack of the "DOUBLE DOUBLER" Scratch Ticket Game contains 075 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket 001 will be shown on the front of the Pack; the back of Ticket 075 will be revealed on the back of the Pack. All Packs will be tightly shrink-wrapped. There will be no breaks between the Tickets in a Pack. Every other Pack will reverse; i.e., reverse order will be: the back of Ticket 001 will be shown on the front of the Pack and the front of Ticket 075 will be shown on the back of the Pack.
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 "DOUBLE DOUBLER" Scratch Ticket Game No. 2569.
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 "DOUBLE DOUBLER" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose forty-five (45) Play Symbols. If a player matches any of the YOUR SYMBOLS Play Symbols to any of the LUCKY SYMBOLS Play Symbols that are not in the star, the player wins the prize for that symbol. If the player matches any of the YOUR SYMBOLS Play Symbols to the LUCKY SYMBOL Play Symbol that is in the star, the player wins DOUBLE the prize for that symbol. If the player reveals a "MONEY BAG" Play Symbol, the player wins 4 TIMES the prize for that symbol. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.
2.1 Scratch Ticket Validation Requirements.
A. To be a valid Scratch Ticket, all of the following requirements must be met:
1. Exactly forty-five (45) 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 forty-five (45) 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 forty-five (45) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the forty-five (45) 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. Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.
B. A Ticket can win as indicated by the prize structure.
C. A Ticket can win up to twenty (20) times.
D. On winning and Non-Winning Tickets, the top cash prizes of $1,000 and $100,000 will each appear at least once, except on Tickets winning twenty (20) times and with respect to other parameters, play action or prize structure.
E. No matching non-winning YOUR SYMBOLS Play Symbols will appear on a Ticket.
F. No matching LUCKY SYMBOLS Play Symbols will appear on a Ticket.
G. Non-winning Prize Symbols will not match a winning Prize Symbol on a Ticket.
H. On all Tickets, a Prize Symbol will not appear more than four (4) times, except as required by the prize structure to create multiple wins.
I. On Non-Winning Tickets, the LUCKY SYMBOLS Play Symbols will never match a YOUR SYMBOLS Play Symbol, including the LUCKY SYMBOLS Play Symbol in the star.
J. Tickets winning more than one (1) time will use as many LUCKY SYMBOLS Play Symbols as possible, excluding the LUCKY SYMBOLS Play Symbol in the star to create matches, unless restricted by other parameters, play action or prize structure.
K. On winning and Non-Winning Tickets, there will always be exactly one (1) LUCKY SYMBOLS Play Symbol in the star on a Ticket.
L. The location of the LUCKY SYMBOLS Play Symbol in the star will be fixed, according to the Ticket scene.
M. When read from left to right, the position of the LUCKY SYMBOLS Play Symbol in the star on each Ticket scene will be as follows:
a. Scene 1 = the 1st LUCKY SYMBOLS Play Symbol position
b. Scene 2 = the 3rd LUCKY SYMBOLS Play Symbol position
c. Scene 3 = the 5th LUCKY SYMBOLS Play Symbol position
d. Scene 4 = the 2nd LUCKY SYMBOLS Play Symbol position
e. Scene 5 = the 4th LUCKY SYMBOLS Play Symbol position
N. A YOUR SYMBOLS Play Symbol will win DOUBLE the prize for that Play Symbol when matched with the LUCKY SYMBOLS Play Symbol in the star, as per the prize structure.
O. On Tickets that win with the LUCKY SYMBOLS Play Symbol in the star, there will be one (1) and only one (1) YOUR SYMBOLS Play Symbol that matches the LUCKY SYMBOLS Play Symbol in the star.
P. The "MONEY BAG" (WINX4) Play Symbol will never appear more than once on a Ticket.
Q. The "MONEY BAG" (WINX4) Play Symbol will win 4 TIMES the prize for that Play Symbol and will win as per the prize structure.
R. The "MONEY BAG" (WINX4) Play Symbol will never appear on a non-winning Ticket.
S. The "MONEY BAG" (WINX4) Play Symbol will never appear as a LUCKY SYMBOLS Play Symbol.
2.3 Procedure for Claiming Prizes.
A. To claim a "DOUBLE DOUBLER" Scratch Ticket Game prize of $5.00, $10.00, $20.00, $40.00, $100, $200 or $400, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $40.00, $100, $200 or $400 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 "DOUBLE DOUBLER" Scratch Ticket Game prize of $1,000 or $100,000, the claimant must sign the winning Scratch Ticket and may present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "DOUBLE DOUBLER" 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 "DOUBLE DOUBLER" 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 "DOUBLE DOUBLER" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is not claimed within that period, and in the manner specified in these Game Procedures and on the back of each Scratch Ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of Scratch Tickets ordered. The number of actual prizes available in a game may vary based on number of Scratch Tickets manufactured, testing, distribution, sales and number of prizes claimed. A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed.
3.0 Scratch Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated. If more than one name appears on the back of the Scratch Ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket.
4.0 Number and Value of Scratch Prizes. There will be approximately 7,200,000 Scratch Tickets in Scratch Ticket Game No. 2569. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2569 - 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. 2569 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. 2569, 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-202401617
Bob Biard
General Counsel
Texas Lottery Commission
Filed: April 17, 2024
Fiscal Year 2025 Request for Applications - Taskforce Grants
April 12, 2024
Notice of Request for Applications
The Motor Vehicle Crime Prevention Authority (MVCPA) authorized the issuance of the Fiscal Year 2025 Request for Applications (RFA) MVCPA is authorized in statute to provide grants to local law enforcement to combat motor vehicle theft, burglary from a motor vehicle and/or fraud-related motor vehicle crime. Eligible applicants may request funds for program operation by submission of an application consistent with the information, including the requirements and conditions stated in this RFA. This RFA is posted in the Texas Register as required by law for at least thirty (30) days prior to the due date for Applications.
All applications submitted will be for FY2025. If previously awarded an FY2024 grant the MVCPA may provide a FY2025 grant subject to availability of funding and grantees' positive program performance. The MVCPA will use the same FY2024 application and budget values as originally submitted for the additional period. Any ongoing program (scope) changes or budget changes will be submitted by grantees through the grant adjustment process after the creation of the second-year grants.
Due Date
Grant Applications from eligible applicants must be completely submitted on-line at https://MVCPA.tamu.edu on or before 5:00 p.m., May 28, 2024. First time applicants must establish an account and perform account setup steps prior to an application being able to be submitted.
The required Resolution and any optional supporting documents must be scanned and submitted as attachments to the application at https://MVCPA.tamu.edu on or before 5:00 p.m., May 28, 2024.
Applicable Authority and Rules
Motor Vehicle Crime Prevention Authority grant programs are governed by the following statutes, rules, standards and guidelines:
https://statutes.capitol.texas.gov/Docs/TN/htm/TN.1006.htm
http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=3&ti=43&pt=3
https://comptroller.texas.gov/purchasing/grant-management/
https://www.txdmv.gov/sites/default/files/body-files/MVCPA_FY20_Grant_Admin_Manual.pdf
This Request for Applications issued on April 12, 2024
Eligible Applicants
Only Texas law enforcement agencies through their city or county are eligible to apply for Motor Vehicle Crime Taskforce Grants.
Applicants meeting the eligibility requirements may submit a new grant subject to the priority established by the MVCPA in the FY25 RFA.
New Grant - Available only to law enforcement agencies. These are annual grants that require a minimum cash match of 20% for the program described in the application. New applicants shall email MVCPA at GrantsMVCPA@txdmv.gov from an official governmental agency email account to request an account and access be established.
Grant Type
Reimbursement - This is a total program budget reimbursement grant. Applicants that are awarded grants will expend local (agency) funds and then will be reimbursed quarterly, subject to compliance with standard and special conditions as contained in the Statement of Grant Award (SGA), at the agreed rate for all allowable, reasonable, and necessary program costs incurred.
Grant Term
The FY2025 grant cycle is a one (1) year funding cycle to begin on September 1, 2024, and end August 31, 2025. For those grantees you previously were awarded a FY2024 grant, subject to availability of funding and grantees' positive program performance the MVCPA may provide an FY2025 grant using the same on-line application systems and budget values as originally submitted. No obligations or expenses may be incurred or made outside of the grant period(s).
Method of Application
Grant Applications from eligible applicants shall be completely submitted on-line at https://MVCPA.tamu.edu on or before 5:00 p.m., May 28, 2024. All forms will be completed on-line. The Resolution and all supporting documents must be submitted as attachments.
Resolution Required
A Resolution (Order or Ordinance) by the applicant governing body is required to make application for these funds. The Resolution shall provide that the governing body applies for the funds for the purpose provided in statute (Texas Transportation Code, Chapter 1006) to return the grant funds in the event of loss or misuse and designate the officials that the governing body chooses as its agents to make uniform assurances and administer the grant if awarded.
Only the governing body submitting an application needs to adopt and submit a Resolution. Participating jurisdictions in multi-agency taskforces shall agree and commit to the grant through interagency agreements as provided under Texas Local Government Code Chapter 362, Texas Government Code Chapter 791 and TxGMS.
In the event a governing body has delegated the application authority to a city manager, chief of police, sheriff or other official then applicants must submit on-line a copy of the delegation order (documentation) along with the Resolution signed by the official. A sample Resolution is attached as Appendix A.
Program Category
To be eligible for consideration for funding, a taskforce grant application must be designed to support one or more of the following MVCPA program categories (43 TAC §57.14):
Law Enforcement, Detection, and Apprehension - provide financial support to law enforcement agencies for economic motor vehicle theft and fraud-related motor vehicle crime enforcement teams (referred to as taskforces). Taskforces will develop organized methods to combat motor vehicle theft, burglary of a motor vehicle and fraud-related motor vehicle crime through the enforcement of law. This may include recovery of vehicles, clearance of cases, arrest of law violators, and disruption of organized motor vehicle crime. This category includes development of uniform programs to prevent stolen motor vehicles from entering into Mexico or being removed from Texas through outbound seaports.
Prosecution/Adjudication/Conviction - provide financial support for taskforces to work with prosecutors and the judiciary to implement programs designed to reduce the incidence of motor vehicle theft, burglary of a motor vehicle and fraud-related motor vehicle crime.
Prevention, Anti-Theft Devices and Automobile Registration - provide financial support for taskforces to work with organizations and communities to reduce the incidence of motor vehicle theft, burglary of a motor vehicle and/or fraud-related motor vehicle crime. The application shall demonstrate how the financial support will assist automobile owners to reduce motor vehicle theft, burglary of a motor vehicle and fraud-related motor vehicle crime.
Reduction of the Sale of Stolen Vehicles or Parts - provide financial support for taskforces to work with businesses, organizations, and communities to reduce the sale of stolen vehicles or parts. Applicants will develop organized methods to combat the sale of stolen vehicles and parts using any of the following: vehicle identification number (VIN) inspection; inspections of motor vehicle part and component distribution enterprises; parts labeling and etching methods; and means to detect the fraudulent selling of stolen parts.
Educational Programs and Marketing - provide financial support for taskforces to work with individuals, businesses, organizations, and communities to assist automobile owners in preventing motor vehicle theft, burglary of a motor vehicle and fraud-related motor vehicle crime. Develop and provide specialized training or education program(s) to: the public on motor vehicle crime prevention, law enforcement on interdiction and prosecution, and government officials on fraud-related motor vehicle crime prevention, including title and registration fraud.
Priority Funding
The MVCPA enabling statute provides that "the authority shall allocate grant funds primarily based on the number of motor vehicles stolen in, or the motor vehicle burglary or theft rate across, and the number of fraud-related motor vehicle crimes committed in the state rather than based on geographic distribution." (TTC Section 1006.151, (c)). In addition, the following grant features will be given priority consideration in evaluating new grant applications:
Continuing Funded Programs in Compliance with MVCPA Grant Conditions - Applications that provide for the continuation of existing programs that currently meet the program and fiscal reporting conditions of the MVCPA. Applicants must provide ongoing need and evidence of their progress and impactful performance toward combatting motor vehicle theft, burglary of a motor vehicle and/or fraud-related motor vehicle crime. The applicant must describe the experience and qualifications of investigators used in the program and how utilization of current grant inventory and resources for continued operation of these specialized investigative grant programs are useful for the state and local governments.
Programs to Combat Organized Economic Crime - Applications for economic motor vehicle theft and fraud-related motor vehicle crime enforcement teams that introduce, increase, or expand efforts to combat organized crime.
Border and Port Security - Applications that provide specific initiatives to identify and prevent stolen vehicles from crossing the border using automatic license plate readers, training of local state and federal personnel in the identification of stolen vehicles, and bridge and port inspections.
Use of Technology - Applications that incorporate automatic license plate reader programs, surveillance equipment and other uses of technology to increase the number of stolen vehicles recovered and the number of persons arrested for motor vehicle crimes.
Theft of Parts from a Motor Vehicle - Applications that incorporate a reasonable, objective plan to combat and prevent the theft of catalytic converters.
Dedicated Prosecutors - Applications that incorporate a dedicated prosecutor to increase the priority of motor vehicle crime case prosecutions and decrease the number of repeat offenders through successful prosecution efforts.
Supporting Documents
Documents that provide evidence of local support or commitment from other officials or agencies for the application may be submitted following the same instructions as the Resolution. Interagency agreements shall be submitted prior to payments being authorized if an award is made. MVCPA recommends that interagency agreements be completed after award determinations are made to ensure correct amounts are reflected in those agreements. All interagency agreements must meet the conditions and elements required in the TxGMS.
Supplanting Prohibited
Grant funds provided by the Authority under this RFA shall not be used to supplant federal, state or local funds that otherwise would be available for the same purposes (Texas Administrative Code Title 43, §57.9). Supplanting means the replacement of other funds with MVCPA grant funds. This shall include using existing resources already available to a program activity as cash match.
Cash Match Requirement
All applications for programs must provide at least a twenty (20%) percent cash match (Texas Administrative Code Title 43 §57.36). Multijurisdictional agencies must provide details for the method of cash match in intergovernmental agreements (Texas Government Code, Chapter 791). Cash match must meet the requirements provided in TxGMS.
Formulas to calculate cash match:
Total MVCPA grant funds requested multiplied by percent of match required = Total Amount of Cash Match Required
Total Program Cost minus Total Cash Match Required = Total Authority Grant Request
NICB in Lieu of Cash - Applicants may enter into formal agreements with the National Insurance Crime Bureau (NICB) to work on grant funded activities. The amount of salary and other direct costs related to the work on grant activity provided by the NICB may be counted and reported as in lieu of cash match. Time certifications are required to be made by the employee for these positions as required by TXGMS Applicants must meet the obligation expressed as cash match in the event NICB cannot meet its obligation.
In-Kind Match
Only include in-kind if necessary for the local jurisdiction. In-kind contributions shall not be considered cash match. In-kind match may be used to: 1) reflect the total level of jurisdictions' effort/costs to combat motor vehicle crime; 2) reflect how the grant program fits into jurisdictions' operation; 3) effectively operate a single program with multiple funding streams; and/or 4) contributions from the applicant or third parties that are for grant funded activity. Costs in detail line items shall not be split between in-kind match and cash match or grant funding. For example, the entire salary of an officer shall be placed in one expense type rather than split between grant/cash match costs and in-kind.
Reporting and Webinar Attendance Requirements
Applicants that are awarded grants will be required to provide:
Quarterly Progress Reports - The MVCPA requires submission of quarterly progress reports to demonstrate progress toward meeting goals and activities provided in the grant application. These include: 1) Monthly progress toward statutorily required performance measures; 2) Monthly progress recorded on the Goals, Strategies and Activities report; and 3) Quarterly Summary and Success section. Grantees designated as Border/Port Security grants are required to complete additional sections required by the Texas Legislature.
Quarterly Financial Reports - Reports of actual expenses are provided to request funds. All expenditures must be in accordance with local policies and procedures and grant requirements. Grantees shall review all expenditures, ensure all applicable regulations are followed, and maintain documentation that is accurate and complete. All expenses must be supported by appropriate documentation.
Webinar Attendance: One grant representative from the applicant agency will attend a monthly session via teleconference or webinar that includes information on MVCPA grant administration.
One law enforcement officer is required to attend the information sharing and networking sessions on law enforcement issues and other MVCPA issues critical to the successful operation of an MVCPA taskforce.
Funding Requirements and Conditions
State Funds Availability - All awards by the MVCPA are subject to availability of state funds.
Right of Refusal - The Authority reserves the right to reject any or all of the applications submitted.
Awards - Publishing the RFA does not legally obligate the Authority to fund any programs.
Partial Funding - The Authority may choose to offer funds for all or any portion of a program submitted in an application.
Substitution - The Authority may offer alternative funding sources, special conditions, or alternative program elements in response to submitted Applications.
Application Required - Registration for on-line access is required. The MVCPA is not responsible for applicants that cannot complete the registration and application process on-time.
No Alternative Application Submission - Paper applications and requests for funding are not accepted in lieu of the on-line grant application process.
Review Criteria - Authority staff and designated MVCPA Board member(s) will review each grant using subjective and objective tools and comparative analysis. The weight given to each section or combination of sections is at the sole discretion of the Authority.
Questions and Clarification - During the review period, the applicant may be contacted by Authority staff to ask questions or to seek clarification regarding information provided in the application. Failure to promptly respond will not disqualify an applicant, but information that is submitted after the review period may not be considered.
Final Selection - The Authority may select and award programs that best meet the statutory purposes and that reflect its current priorities. No appeal may be made from the Authority's decisions.
Changes in Application - If an applicant proposes changes to be made in the program type or participation of jurisdictions after an award is determined, then the Authority will review the changes and may make modifications (including the amount) or cancel the award as deemed appropriate to the Authority.
Delayed Start - An applicant that is awarded a grant and that does not begin operations within 45 days of the beginning of the grant term is considered terminated.
Application instructions - the MVCPA provides additional details and instructions in the on-line application system that are incorporated by reference as part of this RFA and must be followed during the application and award process.
Program Income - is defined in the TxGMS. Current grantees carrying forward program income from prior years will follow the new rules established by the Texas Comptroller and MVCPA Grant Administrative Manual. Budgeted use of Program Income should be specified in the grant budget detail, narrative, and source of income table for FY25.
TCOLE Certifications Required - All law enforcement agencies regulated by Chapter 1701, Occupations Code must certify that they are in compliance with the Texas Commission on Law Enforcement standards or provide a certification from the Texas Commission on Law Enforcement that states that the requesting agency is in the process of achieving compliance with said rules.
Selection Process:
Eligible applications will be reviewed. Grant award decisions by MVCPA are final and not subject to judicial review. Grants will be awarded on or before September 1, 2024.
Applications that do not meet the stated requirements of this RFA and that are not eligible for review will be notified ten (10) working days after the due date.
Application Workshop
Potential applicants are requested to attend the on-line "Motor Vehicle Crime Prevention Authority Grant Application Workshop" which has been scheduled for: May 8, 2024, from 9:00 a.m. to 11:00 a.m. Join by using the following links:
THIS MEETING WILL BE HELD REMOTELY VIA
Microsoft Teams Need help?
https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDMxMDc1NDktM2ZhZC00YmRkLWIxNjctZTBiYWUyZGJmYTU3%40thread.v2/0?context=%7b%22Tid%22%3a%2272719f70-3533-46b3-9456-ec1235143768%22%2c%22Oid%22%3a%220514ac85-ebb6-4d6b-83c8-d095df91e59b%22%7d
Meeting ID: 229 784 377 498
Passcode: K4pNom
Dial-in by phone
+1 737-787-8456,,929327163# United States, Austin
Find a local number
Phone conference ID: 929 327 163#
The informational session will provide details on the grant Application process including grant eligibility requirements, completing the various Application sections, and the grant cycle timeline. At least one representative of the potential grant applicant should be present at this workshop.
Contact Person
William Diggs, MVCPA Director,
Texas Motor Vehicle Crime Prevention Authority
4000 Jackson Avenue
Austin, Texas 78731
(512) 465-1485
GrantsMVCPA@txdmv.gov
Issued in Austin, Texas on April 12, 2024
TRD-202401582
David Richards
MVCPA General Counsel
Motor Vehicle Crime Prevention Authority
Filed: April 15, 2024
Notice of Application for Approval of the Provision of Non-Emergency 311 Service
Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) for approval to provide non-emergency 311 services.
Docket Style and Number: Application of City of Kyle for Administrative Approval to Provide Non-Emergency 311 Service for the City of Kyle, Docket Number 56482.
The Application: On April 10, 2024, the City of Kyle filed an application with the commission under 16 Texas Administrative Code §26.127, for approval to provide non-emergency 311 service for the City of Kyle in Hays County. The City of Kyle seeks to provide non-emergency 311 service to residents within the limits of Kyle, Texas and portions of surrounding communities in the City of Kyle’s certificated service area.
Non-emergency 311 service is available to local governmental entities to provide to their residents an easy-to-remember number to call for access to non-emergency services. By implementing 311 service, communities can improve 911 response times for those callers with true emergencies. Each local government entity that elects to implement 311 service will determine the types of non‑emergency calls their 311-call center will handle.
Persons who wish to comment on this application should notify the commission by April 29, 2024. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission’s Customer Protection Division at (512) 936-7120 or toll free at (888) 782 8477. Hearing- and speech‑impaired individuals with text telephones (TTY) may contact the commission at (512) 936‑7136. All comments or motions to intervene should reference Docket Number 56482.
TRD-202401599
Andrea Gonzalez
Rules Coordinator
Public Utility Commission of Texas
Filed: April 15, 2024
Order Setting Public Deliberations on Amendments to the Texas Disciplinary Rules of Professional Conduct and the Texas Rules of Disciplinary Procedure (.pdf)
TRD-202401635
Jaclyn Daumerie
Rules Attorney
Supreme Court of Texas
Filed: April 17, 2024