IN ADDITION

IN ADDITION

Texas Commission on Environmental Quality

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is January 10, 2025. 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 January 10, 2025. 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: Aqua Texas, Incorporated; DOCKET NUMBER: 2023-0976-PWS-E; IDENTIFIER: RN101225977; LOCATION: Pearland, Brazoria County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 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; and 30 TAC §290.46(j), by failing to complete a customer service inspection certificate prior to providing continuous water service to new construction or any existing service when the water purveyor has reason to believe a cross-connection or other potential contamination hazard exists, or after any material improvements, corrections, or additions to the private water distribution system; PENALTY: $4,365; ENFORCEMENT COORDINATOR: Ilia Perez-Ramirez, (713) 767-3743; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: Aqua Texas, Incorporated; DOCKET NUMBER: 2024-0661-PWS-E; IDENTIFIER: RN101213411; LOCATION: Granbury, Hood County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.45(b)(1)(D)(i), Texas Health and Safety Code, §341.0315(c), and TCEQ Agreed Order Docket Number 2020-1434-PWS-E, Ordering Provision Number 2.a.i, by failing to provide the minimum well capacity; PENALTY: $9,000; ENFORCEMENT COORDINATOR: Mason DeMasi, (210) 657-8425; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 492-3096.

(3) COMPANY: AUSTIN READY-MIX, LLC dba West Henly Concrete Batch Plant; DOCKET NUMBER: 2024-1412-MLM-E; IDENTIFIER: RN109482141; LOCATION: Johnson City, Blanco County; TYPE OF FACILITY: concrete batch plant; RULES VIOLATED: 30 TAC §205.4(a) and (b)(1)(A) and TWC, §26.121(a)(1), by failing to maintain authorization to discharge plant wastewater and stormwater associated with industrial activities from ready-mixed concrete plants, concrete product plants, and associated facilities; 30 TAC §324.6 and 40 Code of Federal Regulations §279.22(c)(1), by failing to label or clearly mark containers used to store used oil with the words "Used Oil"; and 30 TAC §334.127(a)(1) and TWC, §26.346(a), by failing to register an aboveground storage tank; PENALTY: $4,200; ENFORCEMENT COORDINATOR: Karolyn Kent, (512) 239-2536; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.

(4) COMPANY: City of Crandall; DOCKET NUMBER: 2024-0683-PWS-E; IDENTIFIER: RN101384360; LOCATION: Crandall, Kaufman County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(o)(3) and §290.45(h)(1), by failing to adopt and submit to the Executive Director a complete Emergency Preparedness Plan that demonstrates the facility's ability to provide emergency operations; PENALTY: $50; ENFORCEMENT COORDINATOR: Savannah Jackson, (512) 239-4306; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.

(5) COMPANY: City of Gustine; DOCKET NUMBER: 2024-0585-MWD-E; IDENTIFIER: RN102178654; LOCATION: Gustine, Comanche County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0010841001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $15,750; ENFORCEMENT COORDINATOR: Sarah Castillo, (512) 239-1130; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.

(6) COMPANY: City of Spearman; DOCKET NUMBER: 2024-0759-PWS-E; IDENTIFIER: RN101456374; LOCATION: Spearman, Hansford County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(o)(3) and 290.45(h)(1), by failing to adopt and submit to the Executive Director a complete Emergency Preparedness Plan that demonstrates the facility's ability to provide emergency operations; PENALTY: $50; ENFORCEMENT COORDINATOR: Taner Hengst, (512) 239-1143; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.

(7) COMPANY: Ingram Independent School District; DOCKET NUMBER: 2024-0603-PWS-E; IDENTIFIER: RN101281731; LOCATION: Ingram, Kerr County; TYPE OF FACILITY: public water supply; RULES 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; 30 TAC §290.44(h)(4), by failing to have all backflow prevention assemblies tested upon installation and on an annual basis by a recognized backflow assembly tester and certified that they are operating within specifications; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.46(m)(4), by failing to maintain all water treatment units, storage and pressure maintenance facilities, distribution system lines, and related appurtenances in a watertight condition and free of excessive solids; and 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: $2,295; ENFORCEMENT COORDINATOR: Kaisie Hubschmitt, (215) 239-1482; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.

(8) COMPANY: Lubbock County Water Control and Improvement District Number 1; DOCKET NUMBER: 2024-0743-PWS-E; IDENTIFIER: RN101411908; LOCATION: Buffalo Springs, Lubbock County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(o)(3) and §290.45(h)(1), by failing to adopt and submit to the Executive Director a complete Emergency Preparedness Plan that demonstrates the facility's ability to provide emergency operations; PENALTY: $50; ENFORCEMENT COORDINATOR: Nick Lohret-Froio, (512) 239-4495; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.

(9) COMPANY: Recoil Resources Operating, Incorporated; DOCKET NUMBER: 2024-1705-AIR-E; IDENTIFIER: RN106188188; LOCATION: Falls City, Wilson County; TYPE OF FACILITY: oil and gas production 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) and §116.615(2), Standard Permit Registration Number 155291, Oil and Gas Handling and Production Facilities, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $3,001; ENFORCEMENT COORDINATOR: Morgan Kopcho, (512) 239-4167; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 492-3096.

(10) COMPANY: REED RV PARK, INCORPORATED; DOCKET NUMBER: 2024-0604-PWS-E; IDENTIFIER: RN105814818; LOCATION: Justiceburg, Garza County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.106(f)(2) and Texas Health and Safety Code, §341.031(a), by failing to comply with the acute maximum contaminant level of ten milligrams per liter for nitrate; PENALTY: $5,500; ENFORCEMENT COORDINATOR: Miles Caston, (512) 239-4593; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.

(11) COMPANY: SILVER SAND FARM PROPERTIES, LTD.; DOCKET NUMBER: 2022-1542-PST-E; IDENTIFIER: RN101846889; LOCATION: Muleshoe, Bailey County; TYPE OF FACILITY: temporarily out-of-service underground storage tank (UST) system; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $2,872; ENFORCEMENT COORDINATOR: Rachel Murray, (903) 535-5149; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(12) COMPANY: SODA WATER SUPPLY CORPORATION; DOCKET NUMBER: 2024-0527-PWS-E; IDENTIFIER: RN101221315; LOCATION: Livingston, Polk County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(j)(1)(A) and Texas Health and Safety Code (THSC), §341.0351, by failing to notify the Executive Director prior to making any significant change or addition where the change in the existing system results in an increase or decrease in the system's production, treatment, storage, or pressure maintenance; 30 TAC §290.46(i), by failing to adopt an adequate plumbing ordinance, regulations, or service agreement with provisions for proper enforcement to ensure that neither cross-connections nor other unacceptable plumbing practices are permitted; 30 TAC §290.46(m)(4), by failing to maintain all water treatment units, storage and pressure maintenance facilities, distribution system lines, and related appurtenances in a watertight condition and free of excessive solids; 30 TAC §290.46(m)(6), by failing to maintain all pumps, motors, valves, and other mechanical devices in good working condition; and 30 TAC §290.121(b), by failing to maintain an up-to-date chemical and microbiological monitoring plan at each water treatment plant and at a central location; PENALTY: $1,450; ENFORCEMENT COORDINATOR: Ronica Rodriguez Scott, (512) 239-2510; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.

(13) COMPANY: Staff Water Supply Corporation; DOCKET NUMBER: 2024-0713-PWS-E; IDENTIFIER: RN101193472; LOCATION: Ranger, 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 (THSC), §341.0315(c), by failing to maintain a disinfectant residual of at least 0.5 milligrams per liter of chloramine throughout the distribution system at all times; 30 TAC §290.46(e) and THSC, §341.033(a), by failing to use a water works operator who holds an applicable, valid license issued by the executive director (ED); and 30 TAC §290.46(f)(2) and (3)(A)(i)(III), by failing to maintain water works operation and maintenance records and make them readily available for review by the ED upon request; PENALTY: $536; ENFORCEMENT COORDINATOR: Taner Hengst, (512) 239-1143; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.

(14) COMPANY: Staff Water Supply Corporation; DOCKET NUMBER: 2024-0789-PWS-E; IDENTIFIER: RN101189918; LOCATION: Ranger, Eastland County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.43(c)(4), by failing to provide all ground storage tanks with a liquid level indicator; 30 TAC §290.46(e) and Texas Health and Safety Code, §341.033(a), by failing to use a water works operator who holds an applicable, valid license issued by the Executive Director; and 30 TAC §290.46(z), by failing to create a nitrification action plan for all systems distributing chloraminated water; PENALTY: $388; ENFORCEMENT COORDINATOR: Taner Hengst, (512) 239-1143; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.

(15) COMPANY: Sun Coast Resources, LLC FKA A. J. HURT, JR., INCORPORATED; DOCKET NUMBER: 2024-1057-WQ-E; IDENTIFIER: RN100536655; LOCATION: Houston, Harris County; TYPE OF FACILITY: petroleum products storage facility; RULE VIOLATED: 30 TAC §205.4(a) and Texas Pollutant Discharge Elimination System General Permit Number TXG341628, Part II, Section C.3, by failing to submit a copy of the Notice of Intent to the local Municipal Separate Storm Sewer System prior to discharging facility wastewater, contact stormwater, and stormwater associated with industrial activities from petroleum bulk stations and terminals into or adjacent to water in the state; PENALTY: $11,255; ENFORCEMENT COORDINATOR: Mark Gamble, (512) 239-2587; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.

(16) COMPANY: Texas Water Utilities, L.P.; DOCKET NUMBER: 2024-0493-PWS-E; IDENTIFIER: RN101272433; LOCATION: Whitesboro, Cooke County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(q)(1)(A)(i), by failing to institute special precautions as described in the flowchart found in 30 TAC §290.47(e) in the event of low distribution pressure and water outages; PENALTY: $2,055; ENFORCEMENT COORDINATOR: Miles Caston, (512) 239-4593; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.

(17) COMPANY: Town of Providence Village; DOCKET NUMBER: 2024-1212-WQ-E; IDENTIFIER: RN108386319; LOCATION: Providence Village, Denton County; TYPE OF FACILITY: municipal separate storm sewer system; RULE VIOLATED: 30 TAC §281.25(a)(4) and Texas Pollutant Discharge Elimination System General Permit Number TXR040603, Part III, Section B.5(b)(5)(d), by failing to maintain a log of inspections of pollution prevention measures implemented at permitee owned facilities; PENALTY: $1,625; ENFORCEMENT COORDINATOR: Kolby kf, (512) 239-2098; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(18) COMPANY: TRI-CON, INCORPORATED dba Exxpress Mart 29; DOCKET NUMBER: 2024-0993-PST-E; IDENTIFIER: RN101905560; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously-issued underground storage tanks (UST) delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting a delivery of regulated substance into the USTs; and 30 TAC §334.48(h)(1)(A)(i) and TWC, §26.3475(c)(2), by failing to conduct walkthrough inspections of the spill prevention equipment at least once every 30 days; PENALTY: $17,234; ENFORCEMENT COORDINATOR: Stephanie McCurley, (512) 239-2607; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.

(19) COMPANY: TRI-CON, INCORPORATED dba Exxpress Mart 6; DOCKET NUMBER: 2024-0629-PST-E; IDENTIFIER: RN101806842; LOCATION: Port Neches, Jefferson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued underground storage tanks (USTs) delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the regulated USTs; 30 TAC §334.48(e)(1) and TWC, §26.3475(c)(1), by failing to conduct a test of the proper operation of the release detection equipment at least annually; and 30 TAC §334.49(a)(2) and TWC, §26.3475(d), by failing to ensure that the 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: $10,975; ENFORCEMENT COORDINATOR: Amy Lane, (512) 239-2614; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.

(20) COMPANY: Walker County Special Utility District; DOCKET NUMBER: 2024-0747-PWS-E; IDENTIFIER: RN101406650; LOCATION: Walker, Walker County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(o)(3) and 290.45(h)(1), by failing to adopt and submit to the Executive Director a complete Emergency Preparedness Plan that demonstrates the facility's ability to provide emergency operations; PENALTY: $50; ENFORCEMENT COORDINATOR: Mason DeMasi, (210) 657-8425; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 492-3096.

TRD-202405666

Gitanjali Yadav

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: November 21, 2024

Minor Amendment - WQ0002496000

The following notice was issued on October 10, 2024:

The following notice does not require publication in a newspaper. Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin Texas 78711-3087 WITHIN (30) DAYS FROM THE DATE THIS NOTICE IS ISSUED.

INFORMATION SECTION

Southwestern Electric Power Company, which operates Henry W Pirkey Power Plant, a lignite-fired steam electric power generation plant, has applied for a minor amendment without renewal to Texas Pollutant Discharge Elimination System Permit No. WQ0002496000 to authorize the change to the effluent monitoring sample location for Outfall 007. The draft permit authorizes the discharge of once-through cooling water and previously monitored effluents (PME) (low-volume waste sources via internal Outfall 102, domestic wastewater via internal Outfall 302, and effluent from East Ash Pond via internal Outfall 402) at a daily average flow not to exceed 600,000,000 gallons per day via Outfall 002; stormwater from the Lignite Runoff Pond (coal pile runoff) on an intermittent and flow-variable basis via Outfall 003; stormwater from the Limestone Runoff Pond on an intermittent and flow-variable basis via Outfall 005; and stormwater and landfill leachate from the flue gas desulfurization (FGD)/Fly Ash Landfill Retention Pond and stormwater from the Lignite Runoff Pond (coal pile runoff) on an intermittent and flow-variable basis via Outfall 007. The facility is located at 2400 Farm-to-Market Road 3251, southwest of the City of Hallsville, Harrison County, Texas 75650.

TRD-202405751

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 22, 2024

Minor Amendment - WQ0010795001

The following notice was issued on October 15, 2024:

INFORMATION SECTION

The Texas Commission on Environmental Quality has initiated a minor amendment of the Texas Pollutant Discharge Elimination System Permit No. WQ0010795001 issued to Horizon Regional Municipal Utility District, 14100 Horizon Boulevard, Horizon City, Texas 79928. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 5,000,000 gallons per day. The facility is located at 13223 Berkley Drive in El Paso, County, Texas 79928.

TRD-202405752

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 22, 2024

Notice of an Application to Amend a Certificate of Adjudication Application No. 12-5309A

Notice Issued November 21, 2024

The City of Bryan (Applicant), 300 S. Texas Avenue, Bryan, Texas 77803 seeks to amend Certificate of Adjudication No. 12-5309A to increase the capacity of Midtown Lake impounding an additional 47 acre-feet of water for a total capacity of 120 acre-feet of water. The City also seeks to use the bed and banks of unnamed tributaries of Burton Creek, Brazos River Basin, to convey up to 500 acre-feet of groundwater per year from the Sparta aquifer to maintain the increased reservoir capacity for recreational purposes and for subsequent diversion, and to add a use and a place of use for agricultural purposes. More information on the application and how to participate in the permitting process is given below. The application and partial fees were received on April 19, 2022. Additional information and fees were received on June 14, June 21, and December 6, 2022. The application was declared administratively complete and filed with the Office of the Chief Clerk on July 18, 2022.

The Executive Director has completed technical review of the application and prepared a draft amendment. The draft amendment, if granted, would include time limitations to commence and complete modification of Midtown Park Lake Dam and special conditions, including maintenance of an alternate source of water and an accounting plan. The application, technical memoranda, and Executive Director's amendment are available for viewing on the TCEQ webpage at: https://www.tceq.texas.gov/permitting/water_rights/wr-permitting/view-wr-pend-apps

Alternatively, you may request a copy of the documents by contacting the TCEQ Office of the Chief Clerk by phone at (512) 239-3300 or by mail at TCEQ OCC, Notice Team (MC-105), P.O. Box 13087, Austin, Texas 78711.

Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. A public meeting is intended for the taking of public comment and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TCEQ may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspaper publication of this notice. The Executive Director may approve the application unless a written request for a contested case hearing is filed within 30 days after newspaper publication of this 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) applicant's name and certificate number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions for the requested amendment which would satisfy your concerns. 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.

If a hearing request is filed, the Executive Director will not issue the Order and will forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments, or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at https://www14.tceq.texas.gov/epic/eComment/ by entering ADJ 5309 in the search field. 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 Public Education Program at (800) 687-4040. General information regarding the TCEQ can be found at our website at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040 o por el internet al http://www.tceq.texas.gov.

TRD-202405753

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 22, 2024

Notice of an Application to Amend a Certificate of Adjudication Application No. 13932

Notice Issued November 21, 2024

Thomas S. Erickson (Applicant), 1411 Orchard Drive, Leander, Texas 78641 seeks a temporary water use permit to divert and use not to exceed 9 acre-feet of water, within a period of three years, from the South Fork San Gabriel River, Brazos River Basin for agricultural purposes in Williamson County. More information on the application and how to participate in the permitting process is given below.

The application was received on August 28, 2023, and fees were received on June 1, 2023 and November 27, 2023. Additional information was received November 21, 2023 and December 6, 2023. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on December 8, 2023.

The Executive Director completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would include special conditions including, but not limited to, streamflow restrictions. The application, technical memoranda, and Executive Director's draft permit are available for viewing on the TCEQ webpage at: https://www.tceq.texas.gov/permitting/water_rights/wr-permitting/view-wr-pend-apps. Alternatively, you may request a copy of the documents by contacting the TCEQ Office of the Chief Clerk by phone at (512) 239-3300 or by mail at TCEQ OCC, Notice Team (MC-105), P.O. Box 13087, Austin, Texas 78711.

Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by December 09, 2024. A public meeting is intended for the taking of public comment, and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.

The TCEQ may grant a contested case hearing on this application if a written hearing request is filed by December 09, 2024. The Executive Director may approve the application unless a written request for a contested case hearing is filed by December 09,2024.

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) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions for the requested permit which would satisfy your concerns. 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.

If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

For additional information, individual members of the general public may contact the Public Education Program at (800) 687-4040. General information regarding the TCEQ can be found at our website at www.tceq.texas.gov. Si desea información en español, puede llamar al (800)-687-4040 o por el internet al http://www.tceq.texas.gov.

TRD-202405754

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 22, 2024

Notice of District Petition TCEQ Internal Control No. D-09182024-039

Notice issued November 22, 2024

TCEQ Internal Control No. D-09182024-039: Aqu Hockley Project, LLC, a Texas limited liability company, (Petitioner) filed a petition for creation of Harris-Waller Counties Municipal Utility District No. 13 (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 548.891 acres located partially within Harris County and partially within Waller County, Texas; and (4) none of the land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any city. The petition further states that the proposed District will: (1) purchase, design, construct, acquire, maintain, own, operate, repair, improve, and extend a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the proposed District; (3) control, abate, and amend local storm waters or other harmful excesses of water; and (4) purchase, construct, acquire, maintain, own, operate, repair, improve, and extend such additional facilities, including roads, parks and recreation facilities, systems, plants, and enterprises as shall be consonant with all of the purposes for which the proposed District is created. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioner that the cost of said project will be approximately $133,700,000 ($86,500,000 for water, wastewater, and drainage plus $8,400,000 for recreation plus $38,800,000 for roads).

INFORMATION SECTION

To view the complete issued notice, view the notice on our website 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 website, 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 website at www.tceq.texas.gov.

TRD-202405749

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 22, 2024

Notice of District Petition TCEQ Internal Control No. D-10112024-016

Notice issued November 20, 2024

TCEQ Internal Control No. D-10112024-016: Apexx 241 AC McKinney Partnership LLC, a Texas limited liability company and Parkwood Hill School Real Estate LLC, A Texas limited liability company (Petitioners) filed a petition for creation of Bainbridge Municipal Utility District (District) of Collin County 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 holds title to a majority in value of the land to be included in the proposed District; (2) the proposed District will contain approximately 239.729 acres located within Collin County, Texas; and all of the land within the proposed District is not located within the corporate limits or extraterritorial jurisdiction of any municipality. On August 23, 2024, McKinney provided a letter to Petitioner acknowledging the tract assigned ETJR2024-0027 was released from McKinney's extraterritorial jurisdiction. By Resolution No.2024-06-24-R, adopted on June 24, 2024, the City of Princeton, Texas, which released the approximately 37.108 acres from Princeton's extraterritorial jurisdiction. The petition further states that the proposed District will: (1) construction, maintenance and operation of a waterworks system, including the purchase the purchase and sale of water, for domestic and commercial purposes; (2) the construction, maintenance and operation of a sanitary sewer collection, treatment and disposal system, for domestic and commercial purposes; (3) the construction, installation, maintenance, purchase and operation of drainage and roadway facilities and improvements; and (4) the construction, installation, maintenance, purchase and operation of facilities, systems, plants and enterprises of such additional facilities as shall be consonant with the purposes for which the purposes for which the District is organized. 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 $58,265,000 ($48,595,000 for water, wastewater, and drainage plus $9,670,000 for roads).

INFORMATION SECTION

TRD-202405747

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 22, 2024

Notice of District Petition TCEQ Internal Control No. D-10292024-054

Notice issued November 22, 2024

TCEQ Internal Control No. D-10292024-054: Stoesser Investments, LLC, a Texas limited liability company, Mark A. Stoesser, individually, and Freedom Trail LB, L.P., a Texas limited partnership, (Petitioners) filed a petition for creation of Freedom Trail Municipal Utility District of Liberty 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 Petitioners hold 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 424.68 acres located within Liberty County, Texas; and (4) none of the land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any city. The petition further states that the proposed District will: (1) construct a water supply and distribution system for domestic purposes; (2) construct a wastewater conveyance and treatment system; (3) control, abate, and amend harmful excess of waters and the reclamation and drainage of overflowed lands within the proposed District; (4) construct and finance macadamized, graveled, or paved roads and turnpikes, or improvements in aid of those roads; and (5) such other construction, installation, maintenance, purchase and operation of such other facilities, systems, plants, and enterprises as shall be consonant with all of the purposes for which the proposed District is created. Additionally, the proposed District will design, acquire, construct, finance, and issue bonds for a roadway system consisting of macadamized, graveled, or paved roads and turnpikes pursuant to Texas Water Code Section 54.234, as amended. 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 $101,610,000 ($68,010,000 for water, wastewater, and drainage plus $33,600,000 for roads).

INFORMATION SECTION

TRD-202405748

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 22, 2024

Notice of Request for Public Comment on Proposed List of Best Management Practices for Certain Operational Issues at Aggregate Production Operations-Legislative Requirement from Agency Sunset Review

The Texas Commission on Environmental Quality (TCEQ) has published on its website and made available for public comment a proposed list of general Best Management Practices (BMPs) for certain operational issues at Aggregate Production Operations (APOs). These operational issues include those related to dust control, water use, and water storage.

TCEQ has statutory jurisdiction to regulate aspects of APO operations in the State of Texas, and it does so through several different programs, permits, and regulations. By publishing a list of APO BMPs, TCEQ intends to provide helpful recommendations for addressing common operational issues within the agency's jurisdiction, and it intends to help explain when TCEQ requirements may apply.

The proposed list of general APO BMPs can be reviewed via TCEQ's public website at: https://www.tceq.texas.gov/assistance/industry/aggregate-production/best-management-practices.

Written comments may be mailed to Jess Robinson, MC 175, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. Comments may also be submitted electronically via https://tceq.commentinput.com/. File size restrictions may apply to comments being submitted via the TCEQ Public Comment system. All written comments must be received at TCEQ by 11:59 p.m. on January 10, 2025, and should reference "APO BMP List Proposal."

After the public comment period, TCEQ may revise the proposed list of APO BMPs, if appropriate. The final list of APO BMPs will then be published on TCEQ's website, together with any other additional information if needed.

For further information about the proposed list of general APO BMPs, please contact Jess Robinson at jess.robinson@tceq.texas.gov.

TRD-202405669

Gitanjali Yadav

Deputy Director, Litigation Division

Texas Commission on Environmental Quality

Filed: November 21, 2024

Notice of Second Public Meeting New Permit No. WQ0016391001

APPLICATION. Wilco-Thrall 79 WWTP LLC, P.O. Box 9971, Austin, Texas 78766, has applied to the Texas Commission on Environmental Quality (TCEQ) for new Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0016391001, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 3,000,000 gallons per day. TCEQ received this application on August 11, 2023.

The facility will be located approximately 1.78 miles west of the intersection of South Bounds Street and U.S. Highway 79, in Williamson County, Texas 76578. The treated effluent will be discharged to an unnamed tributary, thence to Long Branch, thence to Soil Conservation Service Site (SCSS) 18 Reservoir, thence to Long Branch, thence to Brushy Creek in Segment No. 1244 of the Brazos River Basin. The unclassified receiving water uses are limited aquatic life use for the unnamed tributary, and high aquatic life use for SCSS Site 18 Reservoir. The designated uses for Segment No. 1244 are primary contact recreation, public water supply, aquifer protection, and high aquatic life use. In accordance with 30 Texas Administrative Code §307.5 and 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 SCSS 18 Reservoir, which has been identified as having high aquatic life use. 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=-97.32281,30.588503&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:

Tuesday, January 7, 2025 at 7:00 p.m.

The Venue Taylor

115 W. 2nd Street

Taylor, Texas 76574

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 website at https://www.tceq.texas.gov.

The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at Georgetown Public Library, 402 West 8th Street, Georgetown, Texas. Further information may also be obtained from Wilco-Thrall 79 WWTP LLC, at the address stated above or by calling Mr. Michael Bevilacqua, P.E., Senior Project Manager, Green Civil Design, at (737) 358-8103.

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 one week prior to the meeting.

Issuance Date: November 19, 2024

TRD-202405750

Laurie Gharis

Chief Clerk

Texas Commission on Environmental Quality

Filed: November 22, 2024

Texas Health and Human Services Commission

Public Notice - Community First Choice (CFC) Renewal Effective June 1, 2025

The Texas Health and Human Services Commission (HHSC) is submitting a request to the Centers for Medicare & Medicaid Services (CMS) to renew the Community First Choice (CFC) Selective Contracting program authorized under §1915(b)(4) of the Social Security Act (the Act). HHSC provides home and community-based attendant services under the state plan pursuant to §1915(k) of the Act but has a waiver under the CFC Selective Contracting program to limit choice of CFC providers. CMS has approved the current CFC Selective Contracting program through May 31, 2025. The proposed effective date for this renewal is June 1, 2025.

HHSC intends to continue selective contracting for CFC services for CFC recipients enrolled in the following home and community-based waiver programs authorized under §1915(c) of the Act.

- Texas Home Living (TxHmL)

- Home and Community-based Services (HCS)

- Deaf Blind with Multiple Disabilities (DBMD)

- Community Living and Support Services (CLASS)

Under the current CFC Selective Contracting program, provider choice for CFC recipients enrolled in these waiver programs is limited to the recipient's provider of waiver services. To maintain existing recipient-provider relationships and to reduce administrative burden, HHSC is requesting to renew the CFC Selecting Contracting program to ensure that individuals in these waiver programs continue to receive services through existing provider networks.

This renewal clarifies HHSC's role in reviewing enrollment documentation from DBMD and CLASS providers and the corrective action plan process for DBMD and CLASS providers. This renewal clarifies HHSC's process for fiscal compliance monitoring and certification surveys and specifies Medicaid is the payor of last resort. This renewal also updates a reference to HHSC's Waiver Survey and Certification unit to use the current name of the unit, Long-Term Care Regulation (LTCR). This renewal does not make changes to services individuals receive.

To obtain a free copy of the proposed waiver renewal, interested parties may contact Jayasree Sankaran by U.S. mail, telephone, fax, or email at the addresses and numbers below.

Addresses:

U.S. Mail

Texas Health and Human Services Commission

Attention: Jayasree Sankaran, Waiver Coordinator, Federal Coordination, Rules and Committees

701 West 51st Street, Mail Code H-310

Austin, Texas 78751

Telephone

(512) 438-4331

Fax

Attention: Jayasree Sankaran, Waiver Coordinator at (512) 323-1905

TX_Medicaid_Waivers@hhs.texas.gov

TRD-202405710

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: November 21, 2024

Department of State Health Services

Licensing Actions for Radioactive Materials (.pdf)

TRD-202405715

Cynthia Hernandez

General Counsel

Department of State Health Services

Filed: November 21, 2024

Licensing Actions for Radioactive Materials (.pdf)

TRD-202405716

Cynthia Hernandez

General Counsel

Department of State Health Services

Filed: November 21, 2024

Licensing Actions for Radioactive Materials (.pdf)

TRD-202405717

Cynthia Hernandez

General Counsel

Department of State Health Services

Filed: November 21, 2024

Texas Lottery Commission

Scratch Ticket Game Number 2638 "MEGA JUMBO BUCKS"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2638 is "MEGA JUMBO BUCKS". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2638 shall be $20.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2638.

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

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

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, MONEY BAG SYMBOL, ARMORED CAR SYMBOL, BAR SYMBOL, BILL SYMBOL, CHIP SYMBOL, CROWN SYMBOL, GEM SYMBOL, KEY SYMBOL, NECKLACE SYMBOL, REGISTER SYMBOL, RING SYMBOL, STAR SYMBOL, VAULT SYMBOL, $20.00, $40.00, $50.00, $100, $200, $500, $1,000, $10,000 and $1,000,000.

D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Figure 1: GAME NO. 2638 - 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 (2638), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 025 within each Pack. The format will be: 2638-0000001-001.

H. Pack - A Pack of the "MEGA JUMBO BUCKS" Scratch Ticket Game contains 025 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The Packs will alternate. One will show the front of Ticket 001 and back of 025 while the other fold will show the back of Ticket 001 and front of 025.

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 "MEGA JUMBO BUCKS" Scratch Ticket Game No. 2638.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly seventy-two (72) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The Scratch Ticket shall be intact;

6. The Serial Number and Game-Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Scratch Ticket;

8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The Scratch Ticket must not be counterfeit in whole or in part;

10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner;

11. The Scratch Ticket must not have been stolen, nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number and Game-Pack-Ticket Number must be right side up and not reversed in any manner;

13. The Scratch Ticket must be complete and not miscut, and have exactly seventy-two (72) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-Ticket Number on the Scratch Ticket;

14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously;

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

16. Each of the seventy-two (72) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the seventy-two (72) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines.

B. The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. GENERAL: A Ticket can win up to thirty-three (33) times in accordance with the prize structure.

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

C. KEY NUMBER MATCH: Each Ticket will have six (6) different WINNING NUMBERS Play Symbols.

D. KEY NUMBER MATCH: Non-winning YOUR NUMBERS Play Symbols will all be different.

E. KEY NUMBER MATCH: Non-winning Prize Symbols will never appear more than five (5) times on a Ticket.

F. KEY NUMBER MATCH: The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or prize structure.

G. KEY NUMBER MATCH: The "MONEY BAG" (WIN$) Play Symbol will never appear in the WINNING NUMBERS, $100 BONUS, $200 BONUS or $500 BONUS play spots.

H. KEY NUMBER MATCH: Non-winning Prize Symbol(s) will never be the same as the winning Prize Symbol(s).

I. KEY NUMBER MATCH: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 40 and $40).

J. $100 BONUS/$200 BONUS/$500 BONUS: Matching Bonus Play Symbols will only appear on winning Tickets as dictated by the prize structure in the $100 BONUS, $200 BONUS and $500 BONUS play areas.

K. $100 BONUS/$200 BONUS/$500 BONUS: A Bonus Play Symbol will not be used more than one (1) time per Ticket across the $100 BONUS, $200 BONUS and $500 BONUS play areas, unless used in a winning combination.

L. $100 BONUS/$200 BONUS/$500 BONUS: The Bonus Play Symbols will never appear in the WINNING NUMBERS or YOUR NUMBERS Play Symbol spots.

M. $100 BONUS/$200 BONUS/$500 BONUS: In the $100 BONUS, $200 BONUS and $500 BONUS play areas, non-winning Bonus Play Symbols will not be the same as winning Bonus Play Symbols.

N. $100 BONUS/$200 BONUS/$500 BONUS: The $100 BONUS, $200 BONUS and $500 BONUS play areas will each be played separately.

2.3 Procedure for Claiming Prizes.

A. To claim a "MEGA JUMBO BUCKS" Scratch Ticket Game prize of $20.00, $40.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $40.00, $50.00, $100, $200 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "MEGA JUMBO BUCKS" Scratch Ticket Game prize of $1,000, $10,000 or $1,000,000, the claimant must sign the winning Scratch Ticket and may present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "MEGA JUMBO BUCKS" 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 "MEGA JUMBO BUCKS" 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 "MEGA JUMBO BUCKS" 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 6,000,000 Scratch Tickets in Scratch Ticket Game No. 2638. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2638 - 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. 2638 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. 2638, 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-202405668

Bob Biard

General Counsel

Texas Lottery Commission

Filed: November 21, 2024

Scratch Ticket Game Number 2649 "LUCKY $YMBOLS"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2649 is "LUCKY $YMBOLS". The play style is "coordinate with prize legend".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2649 shall be $5.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2649.

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.

D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. This style game does not have Play Symbol captions. Normally, one caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbols are as follows:

Figure 1: GAME NO. 2649 - 1.2D (.pdf)

G. Game-Pack-Ticket Number - A fourteen (14) digit number consisting of the four (4) digit game number (2649), 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: 2649-0000001-001.

H. Pack - A Pack of the "LUCKY $YMBOLS" Scratch Ticket Game contains 075 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The Packs will alternate. One will show the front of Ticket 001 and back of 075 while the other fold will show the back of Ticket 001 and front of 075.

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "LUCKY $YMBOLS" Scratch Ticket Game No. 2649.

2.1 Scratch Ticket Validation Requirements.

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

1. Exactly twenty-four (24) 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. This style of game does not have Play Symbol Captions;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The Scratch Ticket shall be intact;

6. The Serial Number and Game-Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Scratch Ticket;

8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The Scratch Ticket must not be counterfeit in whole or in part;

10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner;

11. The Scratch Ticket must not have been stolen, nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number and Game-Pack-Ticket Number must be right side up and not reversed in any manner;

13. The Scratch Ticket must be complete and not miscut, and have exactly twenty-four (24) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-Ticket Number on the Scratch Ticket;

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

16. Each of the twenty-four (24) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the twenty-four (24) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines.

2.2 Programmed Game Parameters.

A. A Ticket can win up to five (5) times in accordance with the prize structure.

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

C. No Play Symbol will appear more than three (3) times.

D. Winning Tickets will display three (3) matching Play Symbols to win the corresponding PRIZE in the PRIZE LEGEND, as dictated by the prize structure.

E. A non-winning Play Symbol will not appear more than two (2) times.

2.3 Procedure for Claiming Prizes.

A. To claim a "LUCKY $YMBOLS" Scratch Ticket Game prize of $5.00, $10.00, $20.00, $25.00, $30.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $25.00, $30.00, $50.00, $100, $200 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "LUCKY $YMBOLS" Scratch Ticket Game prize of $5,000 or $100,000, the claimant must sign the winning Scratch Ticket and may present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "LUCKY $YMBOLS" 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.