IN ADDITION

IN ADDITION

Texas Alcoholic Beverage Commission

Advertising Specialties Limit Order (.pdf)

TRD-202400546

Matthew Cherry

Senior Counsel

Texas Alcoholic Beverage Commission

Filed: February 12, 2024

Texas Animal Health Commission

Correction of Error

The Texas Animal Health Commission adopted the repeal of 4 TAC §32.6 in the February 9, 2024, issue of the Texas Register (49 TexReg 634). Due to an error by the Texas Register, the incorrect effective date was published for the adoption. The correct effective date for the adoption is February 15, 2024.

TRD-202400620

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 02/19/24 - 02/25/24 is 18.00% for consumer¹ credit.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 02/19/24 - 02/25/24 is 18.00% for commercial² credit.

¹ Credit for personal, family, or household use.

² Credit for business, commercial, investment, or other similar purpose.

TRD-202400621

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 14, 2024

Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 25, 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 March 25, 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: BULLSEYE CONSTRUCTION, INCORPORATED; DOCKET NUMBER: 2023-0711-WQ-E; IDENTIFIER: RN111627725; LOCATION: Willis, Montgomery 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: $5,000; ENFORCEMENT COORDINATOR: Monica Larina, (361) 881-6965; REGIONAL OFFICE: 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401, (361) 881-6900.

(2) COMPANY: COLORADO MATERIALS, LTD., FLYING "W" PROPERTIES, LTD., and WEISMAN EQUIPMENT COMPANY, LTD.; DOCKET NUMBER: 2023-0329-MLM-E; IDENTIFIER: RN102380250; LOCATION: New Braunfels, Comal County; TYPE OF FACILITY: aggregate production operation; RULES VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of a modification to an approved Edwards Aquifer Aboveground Storage Tank (AST) System Facility Plan prior to commencing a regulated activity over the Edwards Aquifer Transition Zone; and 30 TAC §334.127, by failing to register an AST system; PENALTY: $7,625; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $3,050; ENFORCEMENT COORDINATOR: Mistie Gonzales, (254) 761-3056; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(3) COMPANY: DAVIS MOTOR CRANE SERVICE, INCORPORATED; DOCKET NUMBER: 2023-0020-PST-E; IDENTIFIER: RN101548733; LOCATION: Irving, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $2,556; ENFORCEMENT COORDINATOR: Tiffany Chu, (817) 588-5891; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Haz Mat Special Services LLC and Sysco USA I, Incorporated; DOCKET NUMBER: 2023-1051-MSW-E; IDENTIFIER: RN111587465; LOCATION: Three Rivers, Live Oak County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) disposal site; RULE VIOLATED: 30 TAC §330.15(a) and (c), by failing to not cause, suffer, allow, or permit the unauthorized disposal of MSW; PENALTY: $2,648; ENFORCEMENT COORDINATOR: Ramyia Wendt, (512) 239-2513; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Intercontinental Terminals Company LLC; DOCKET NUMBER: 2023-1149-AIR-E; IDENTIFIER: RN106119175; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: tank terminal; RULES VIOLATED: 30 TAC §122.143(4) and §122.146(2), Federal Operating Permit Number O3785, General Terms and Conditions and Special Terms and Conditions Number 22, and Texas Health and Safety Code, §382.085(b), by failing to submit a permit compliance certification within 30 days of any certification period; PENALTY: $3,900; ENFORCEMENT COORDINATOR: Christina Ferrara, (512) 239-5081; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(6) COMPANY: J & M Demolition & Excavations, LLC; DOCKET NUMBER: 2023-1118-MLM-E; IDENTIFIER: RN111519179; LOCATION: Brazoria, Brazoria County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) disposal site; RULES VIOLATED: 30 TAC §111.201 and Texas Health and Safety Code, §382.085(b), by failing to not cause, suffer, allow, or permit outdoor burning within the State of Texas; and 30 TAC §330.15(a) and (c), by failing to not cause, suffer, allow, or permit the unauthorized disposal of MSW; PENALTY: $10,214; ENFORCEMENT COORDINATOR: Eresha DeSilva, (512) 239-5084; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(7) COMPANY: Jerry Lee Vincent; DOCKET NUMBER: 2021-1572-MSW-E; IDENTIFIER: RN111295143; LOCATION: Mertzon, Irion County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) disposal site; RULE VIOLATED: 30 TAC §330.15(a) and (c), by failing to not cause, suffer, allow, or permit the unauthorized disposal of MSW; PENALTY: $6,250; ENFORCEMENT COORDINATOR: Sushil Modak, (512) 239-2142; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.

(8) COMPANY: PALO PINTO WATER SUPPLY CORPORATION; DOCKET NUMBER: 2022-1048-PWS-E; IDENTIFIER: RN101455947; LOCATION: Palo Pinto, Palo Pinto County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.45(b)(2)(F) and Texas Health and Safety Code,§341.0315(c), by failing to provide two or more service pumps with a service pump capacity of at least 2.0 gallons per minute per connection; and 30 TAC §290.46(s)(2)(C)(i), by failing to verify the accuracy of the manual disinfectant residual analyzer at least once every 90 days using chlorine solutions of known concentrations; PENALTY: $3,250; ENFORCEMENT COORDINATOR: Ilia Perez-Ramirez, (713) 737-3743; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(9) COMPANY: Pulice Construction, Incorporated; DOCKET NUMBER: 2021-0543-WQ-E; IDENTIFIER: RN109402610; LOCATION: Houston, Harris County; TYPE OF FACILITY: concrete batch plant; RULES VIOLATED: 30 TAC §305.125(1) and (17) and §319.7(d) and Texas Pollutant Discharge Elimination System Permit Number TXG112368, Part III, Section A, Permit Requirements Numbers 1, 2, and 5; and Part IV, Standard Permit Conditions Number 7.f, by failing to timely submit monitoring results at the intervals specified in the permit; PENALTY: $7,087; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $2,835; ENFORCEMENT COORDINATOR: Kolby Farren, (512) 239-2098; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(10) COMPANY: Ronald Francois dba A & S Water Services; DOCKET NUMBER: 2022-1524-PWS-E; IDENTIFIER: RN110665114; LOCATION: Conroe, Montgomery County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.108(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 15 picoCuries per liter for gross alpha particle activity based on the running annual average; PENALTY: $1,275; ENFORCEMENT COORDINATOR: Claudia Bartley, (512) 239-1116; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.

(11) COMPANY: Texas Concrete Partners, L.P.; DOCKET NUMBER: 2021-1516-AIR-E; IDENTIFIER: RN102597135; LOCATION: Victoria, Victoria County; TYPE OF FACILITY: concrete batch plant; RULES VIOLATED: 30 TAC §101.4 and Texas Health and Safety Code (THSC), §382.085(a) and (b), by failing to prevent nuisance dust conditions; and 30 TAC §§106.144(2), 116.115(b), and 116.615(2), Permits by Rule Registration Number 74730, Standard Permit Registration Number 108757, Air Quality Standard Permit for Concrete Batch Plants, General Requirements Number (E), and THSC, §382.085(b), by failing to control emissions from in-plant roads and traffic areas at all times by watering them, treating them with dust-suppressant chemicals, covering them with a material, or paving them with a cohesive hard surface that is maintained intact and cleaned; PENALTY: $13,875; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 492-3096.

TRD-202400568

Gitanjali Yadav

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: February 13, 2024

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Order (DO). The commission staff proposes a DO when the staff has sent the Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 25, 2024. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of the proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on March 25, 2024. The commission's attorney is available to discuss the DO and/or the comment procedure at the listed phone number; however, TWC, §7.075, provides that comments on the DO shall be submitted to the commission in writing.

(1) COMPANY: Edward L. Bradley; DOCKET NUMBER: 2021-1372-AIR-E; TCEQ ID NUMBER: RN106145303; LOCATION: 349 Choate Drive, Alvin, Brazoria County; TYPE OF FACILITY: rock crusher and screening facility; RULES VIOLATED: Texas Health and Safety Code (THSC), §382.0518(a) and §382.085(b) and 30 TAC §116.110(a), by failing to obtain authorization prior to constructing or modifying a source of air contaminants; and THSC, §382.0518(a) and §382.85(b) and 30 TAC §116.110(a), by failing to obtain authorization prior to constructing or modifying a source of air contaminants; PENALTY: $5,250; STAFF ATTORNEY: Jennifer Peltier, Litigation, MC 175, (512) 239-0544; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-202400570

Gitanjali Yadav

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: February 13, 2024

Notice of Opportunity to Comment on an Agreed Order of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Order (AO) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AO, the commission shall allow the public an opportunity to submit written comments on the proposed AO. TWC, §7.075, requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 25, 2024. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of the proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on March 25, 2024. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, TWC, §7.075, provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: Gary Garnett; DOCKET NUMBER: 2022-1443-OSS-E; TCEQ ID NUMBER: RN108271388; LOCATION: 4702 County Road 63 near Rosharon, Brazoria County; TYPE OF FACILITY: on-site sewage facility; RULES VIOLATED: Texas Health and Safety Code, §366.055(c) and 30 TAC §285.61(11), by failing to request the initial, final, and any other required inspection or inspections from the permitting authority; PENALTY: $1,500; STAFF ATTORNEY: Georgette Oden, Litigation, MC 175, (512) 239-3321; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-202400569

Gitanjali Yadav

Deputy Director, Litigation

Texas Commission on Environmental Quality

Filed: February 13, 2024

General Land Office

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

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 January 29, 2024, to February 2, 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, February 9, 2024. The public comment period for this project will close at 5:00 p.m. on Sunday March 10, 2024.

Federal License and Permit Activities:

Applicant: Gary Klingaman

Location: The project site is located in Laguna Madre, at 216 and 218 W Huisache St., South Padre Island, Cameron County, Texas.

Latitude and Longitude: 26.112295, -97.171943

Project Description: The applicant proposes to discharge approximately 222 cubic yards of material into 0.034 acre of wetlands adjacent to the Laguna Madre to support the construction of two single-family residences. The houses would be supported by pilings, and the bottom of the houses would be approximately 10 feet above the existing grade. The footprint of these houses would cover an additional approximately 0.41 acre of waters of the US, including wetlands. Approximately 18 pilings would be placed below the mean high water line. No mitigation is proposed.

Type of Application: U.S. Army Corps of Engineers permit application # SWG-2023-00709. 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: 24-1131-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-202400492

Mark Havens

Chief Clerk

General Land Office

Filed: February 7, 2024

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

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 February 5, 2024 to February 9, 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, February 16, 2024. The public comment period for this project will close at 5:00 p.m. on Sunday March 17, 2024.

Federal License and Permit Activities:

Applicant: Holigan Investments

Location: The project site is located at two locations in Copano Bay. The north site (Costa Palms) is located approximately 0.25 mile west of the terminus of Allen M. Parks Drive and the south site (Pura Vida Palms) is located approximately 0.08 mile southwest of the terminus of Jaco Drive in Rockport, Aransas County, Texas.

Latitude and Longitude:

North Pier: 28.0611, -97.1114

South Pier: 28.0574, -97.1182

Project Description: The applicant proposes to construct two community piers at two separate locations being developed for residential housing. Each pier would consist of an approximate 300-foot-long by 6-foot-wide walkway with an approximate 60-foot long by 6-foot-wide terminal T-head. Each pier would cover a total area of approximately 2,160 square feet (0.05 acre). In total, approximately 4,320 square feet (0.1 acre) of pile-supported pier would be constructed. Deck boards would be spaced 1-inch apart to allow light penetration. Pier piles would be 10-inch-diameter treated timber and installed by pile driving where possible and jetting method where driving is not possible. No boat mooring dolphins are proposed. The purpose of the project is to provide water-based recreational opportunities to each community, including, but not limited to, avian and other wildlife viewing and fishing. No permanent impacts are anticipated so no mitigation is proposed.

Type of Application: U.S. Army Corps of Engineers permit application #SWG-2023-00813. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899.

CMP Project No: 24-1143-F1

TRD-202400571

Mark Havens

Chief Clerk

General Land Office

Filed: February 13, 2024

Official Notice to Vessel Owner/Operator (Pursuant to Section 40.254, Tex. Nat. Res. Code)

PRELIMINARY REPORT

Authority

This preliminary report and notice of violation was issued by the Deputy Director, Oil Spill Prevention and Response Division (OSPR), Texas General Land Office, on February/2nd/2024.

Facts

Based on an investigation conducted by Texas General Land Office-Region 4 staff on January/29th/2024, the Commissioner of the General Land Office (GLO), has determined that a Steel Haul Vessel identified as GLO Vessel Tracking Number 4-96391 is in a wrecked, derelict and substantially dismantled condition without the consent of the commissioner. The vessel is located at 26° 13’ 35" N, 97° 35’ 12" W in Cameron County, Texas.

The GLO determined that pursuant to OSPRA §40.254(b)(2)(B), that the vessel does have intrinsic value. The GLO has also determined that, because of the vessel's location and condition, the vessel poses a THREAT TO THE ENVIRONMENT/THREAT TO PUBLIC HEATH, SAFETY, OR WELFARE.

Violation

YOU ARE HEREBY GIVEN NOTICE, pursuant to the provisions of § 40.254 of the Texas Natural Resources Code, (OSPRA) that you are in violation of OSPRA §40.108(a) that prohibits a person from leaving, abandoning, or maintaining any structure or vessel in or on coastal waters, on public or private lands, or at a public or private port or dock if the structure or vessel is in a wrecked, derelict, or substantially dismantled condition, and the Commissioner determines the vessel is involved in an actual or threatened unauthorized discharge of oil; a threat to the public health, safety, and welfare; a threat to the environment; or a navigational hazard. The Commissioner is authorized by OSPRA §40.108(b) to dispose of or contract for the disposal of any vessel described in §40.108(a).

Recommendation

The Deputy Director has determined whom the person is responsible for abandoning this vessel (GLO Tracking Number 4-96391) and recommends that the Commissioner order the abandoned vessel be disposed of in accordance with OSPRA §40.108.

The owner or operator of this vessel can request a hearing to contest the violation and the removal and disposal of the vessel. If the owner or operator wants to request a hearing, a request in writing must be made within twenty (20) days of this notice being posted on the vessel. The request for a hearing must be sent to: Texas General Land Office, Oil Spill Prevention and Response Division, P.O. Box 12873, Austin, Texas 78711. Failure to request a hearing may result in the removal and disposal of the vessel by the GLO. If the GLO removes and disposes of the vessel, the GLO has authority under TNRC §40.108(b) to recover the costs of removal and disposal from the vessel's owner or operator. For additional information contact us at (512) 463-2613.

TRD-202400572

Mark Havens

Chief Clerk

General Land Office

Filed: February 13, 2024

Official Notice to Vessel Owner/Operator (Pursuant to Section 40.254, Tex. Nat. Res. Code)

PRELIMINARY REPORT

Authority

This preliminary report and notice of violation was issued by the Deputy Director, Oil Spill Prevention and Response Division (OSPR), Texas General Land Office, on 2/1/2024.

Facts

Based on an investigation conducted by Texas General Land Office-Region 2 staff on 2/1/2024, the Commissioner of the General Land Office (GLO), has determined that a 25' Hinterhoeller, identified as GLO Vessel Tracking Number 96450 is in a wrecked, derelict and substantially dismantled condition without the consent of the commissioner. The vessel is located at 29° 33' 7" N, 95° 0' 50" W in Galveston County, Texas.

The GLO determined that pursuant to OSPRA §40.254(b)(2)(B), that the vessel DOES have intrinsic value. The GLO has also determined that, because of the vessel's location and condition, the vessel poses a THREAT TO THE ENVIRONMENT/THREAT TO PUBLIC HEATH, SAFETY, OR WELFARE.

Violation

YOU ARE HEREBY GIVEN NOTICE, pursuant to the provisions of §40.254 of the Texas Natural Resources Code, (OSPRA) that you are in violation of OSPRA §40.108(a) that prohibits a person from leaving, abandoning, or maintaining any structure or vessel in or on coastal waters, on public or private lands, or at a public or private port or dock if the structure or vessel is in a wrecked, derelict, or substantially dismantled condition, and the Commissioner determines the vessel is involved in an actual or threatened unauthorized discharge of oil; a threat to the public health, safety, and welfare; a threat to the environment; or a navigational hazard. The Commissioner is authorized by OSPRA §40.108(b) to dispose of or contract for the disposal of any vessel described in §40.108(a).

Recommendation

The Deputy Director has determined the person responsible for abandoning this vessel (GLO Tracking Number 96450) and recommends that the Commissioner order the abandoned vessel be disposed of in accordance with OSPRA §40.108.

TRD-202400573

Mark Havens

Chief Clerk

General Land Office

Filed: February 13, 2024

Official Notice to Vessel Owner/Operator (Pursuant to Section 40.254, Tex. Nat. Res. Code

PRELIMINARY REPORT

Authority

This preliminary report and notice of violation was issued by the Deputy Director, Oil Spill Prevention and Response Division (OSPR), Texas General Land Office, on 2/1/2024.

Facts

Based on an investigation conducted by Texas General Land Office-Region 2 staff on 2/1/2024, the Commissioner of the General Land Office (GLO), has determined that a 39' Hughes Columbia, identified as GLO Vessel Tracking Number 96451 is in a wrecked, derelict and substantially dismantled condition without the consent of the commissioner. The vessel is located at 29^o 33' 11" N, 95^o 01' 54" W in Galveston County, Texas. The GLO determined that pursuant to OSPRA §40.254(b)(2)(B), that the vessel DOES HAVE intrinsic value. The GLO has also determined that, because of the vessel's location and condition, the vessel poses a THREAT TO THE ENVIRONMENT/THREAT TO PUBLIC HEATH, SAFETY, OR WELFARE.

Violation

YOU ARE HEREBY GIVEN NOTICE, pursuant to the provisions of § 40.254 of the Texas Natural Resources Code, (OSPRA) that you are in violation of OSPRA §40.108(a) that prohibits a person from leaving, abandoning, or maintaining any structure or vessel in or on coastal waters, on public or private lands, or at a public or private port or dock if the structure or vessel is in a wrecked, derelict, or substantially dismantled condition, and the Commissioner determines the vessel is involved in an actual or threatened unauthorized discharge of oil; a threat to the public health, safety, and welfare; a threat to the environment; or a navigational hazard. The Commissioner is authorized by OSPRA §40.108(b) to dispose of or contract for the disposal of any vessel described in §40.108(a).

Recommendation

The Deputy Director has determined whom the person is responsible for abandoning this vessel (GLO Tracking Number 96451) and recommends that the Commissioner order the abandoned vessel be disposed of in accordance with OSPRA §40.108.

TRD-202400574

Mark Havens

Chief Clerk

General Land Office

Filed: February 13, 2024

Health and Human Services Commission

Change of Public Comment Contact Information

The Texas Health and Human Services Commission (HHSC) published proposed new 26 TAC Chapter 307, Behavioral Health Program, Subchapter G, Behavioral Health Grant and Funding Programs, in the February 9, 2024, issue of the Texas Register (49 TexReg 620).

Questions about the content of this proposal may be directed to Elizabeth Wyatt at (512) 289-7323 in HHSC Behavioral Health Services.

Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 701 W. 51st Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.

For further information, please call: (512) 289-7323

TRD-202400616

Jessica Miller

Director, Rules Coordination Office

Health and Human Services Commission

Filed: February 14, 2024

Public Notice - Revised Youth Empowerment Services (YES) Waiver Amendment

The original notice regarding the Youth Empowerment Services (YES) waiver program amendment request was posted in the Texas Register on February 16, 2024. This revised notice reflects additional changes to the amendment request to include the modified timeframes for monitoring reviews in Appendices A, B, C, D, G, H, and I. This revised notice, extends the comment period by one week.

The Texas Health and Human Services Commission (HHSC) is submitting a request to the Centers for Medicare & Medicaid Services (CMS) to amend the waiver application for the Youth Empowerment Services (YES) Program. HHSC administers the YES Program under the authority of Section 1915(c) of the Social Security Act. CMS has approved the YES waiver application through March 31, 2028. The proposed effective date for the amendment is July 1, 2024, and does not affect the cost neutrality of the waiver.

The YES Program is designed to provide home and community-based services to children and youth with serious emotional disturbances and their families, with a goal of reducing or preventing children's inpatient psychiatric treatment and the consequent removal from their families. The program currently serves eligible children who are at least three years of age and under 19 years of age.

The amendment proposes to modify the timeframes for monitoring reviews to obtain data for quality monitoring purposes from annual to biennial reviews for desk and onsite reviews of YES providers in the Quality Improvement Strategy section and throughout appendices: A, B, C, D, G, H, and I.

If you want to obtain a free copy of the proposed waiver amendment or if you have questions, need additional information, or want to submit comments about the amendment, please contact Jayasree Sankaran by U.S. mail, telephone, fax, or email at the addresses and numbers below. A copy of the proposed waiver amendment may also be obtained online on the HHSC website at:

https://www.hhs.texas.gov/laws-regulations/policies-rules/waivers

Comments about the proposed waiver amendment must be submitted to HHSC by March 25, 2024.

The Access and Eligibility Services for local benefit offices will post this revised notice for 30 days and will have copies of the amendment available for review.

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-202400623

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: February 14, 2024

Public Notice - Texas State Hospital Long-Range Planning Report Meetings

HHSC will conduct two hybrid (in-person and virtual) meetings on March 13th and March 19th, 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 prior to the March 19th meeting. 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:

Wednesday, March 13, 2024, at 1:00 p.m.

Tuesday, March 19, 2024, at 1:00 p.m.

Where:

John H. Winters Building - Room 125E - 701 W. 51st St. Austin, Texas 78751

Virtual: Access a live stream of the meeting here.

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 March 13th at https://forms.office.com/r/5s0FVmYYMC. The March 19th form is located at https://forms.office.com/r/DL7fFaUi3t. The forms must be completed no later than 5:00 p.m. Tuesday, March 12, 2024, and Monday, March 18, 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 5:00 p.m. Tuesday, March 12, 2024, and Monday, March 18, 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 5:00 p.m. Tuesday, March 12, 2024, and Monday, March 18, 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

Email Contact

Terina.McIntyre01@hhs.texas.gov

If you have any questions, please contact Terina McIntyre at (512) 574-3218 or Terina.McIntyre01@hhs.texas.gov.

TRD-202400578

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: February 13, 2024

Department of State Health Services

Public Hearing Notice for Fiscal Years 2025-2029 Strategic Plan

Wednesday, April 3, 2024

2:00 p.m.

Public Hearing Site:

Texas Department of State Health Services (DSHS)

Robert D. Moreton Building

Public Hearing Room M-100, First Floor

1100 West 49th Street

Austin, Texas 78756

This public hearing will be webcast. Members of the public may attend the public hearing in person at the address above or access a live stream of the public hearing at https://texashhsmeetings.org/HHSWebcast. Select the tab for Moreton M-100 Live on the date and time for this public hearing. Please e-mail Webcasting@hhsc.state.tx.us if you have any problems with the webcasting function.

Agenda

1. Welcome and call to order

2. Overview: DSHS Fiscal Years (FYs) 2025-2029 Strategic Plan

3. Public comment

4. Closing remarks

5. Adjourn

DSHS will hold a public hearing to receive input on the FYs 2025-2029 DSHS Strategic Plan:

Vision

A Healthy Texas.

Mission

To improve the health, safety, and well-being of all Texans.

Goals and Objectives

Goal 1. Improve and support health outcomes and well-being for individuals and families.

-Objective 1.1: Enhance quality of direct care and value of services.

-Objective 1.2: Prevent illness and promote wellness through public- and population-health strategies.

-Objective 1.3: Encourage self-sufficiency and long-term independence.

Goal 2. Ensure efficient access toappropriate services.

-Objective 2.1: Empower Texans to identify and apply for services.

-Objective 2.2: Provide seamless access to services for which clients are eligible.

-Objective 2.3: Ensure people receive services and supports in the most appropriate, least restrictive settings, considering individual needs and preferences.

-Objective 2.4: Strengthen consumers' access to information, education, and support.

Goal 3. Protect the health and safety of vulnerable Texans.

-Objective 3.1: Optimize preparation for and response to disasters, health threats, and disease outbreaks.

-Objective 3.2: Prevent and reduce harm through improved education, monitoring, inspection, and investigation.

Goal 4. Continuously enhance efficiency and accountability.

-Objective 4.1: Promote and protect the financial and programmatic integrity of Health and Human Services.

-Objective 4.2: Strengthen, sustain, and support a high-functioning, efficient, and resilient workforce.

-Objective 4.3: Continuously improve business strategies with optimized technology and a culture of data-driven decision-making.

-Objective 4.4: Create/enhance a work environment in which employees are empowered to recommend and embrace change.

Public Comment

Stakeholder input is a critical element of this process. DSHS will accept public comments at the Austin location in person and virtually. To provide time to all persons wishing to speak, DSHS will observe a three-minute time limit per speaker. DSHS is seeking your ideas and recommendations for the DSHS strategic plan.

Please include the following in your comments:

-Your name or the name of your organization and a contact person.

-A clear, concise description of the recommendation.

-What need would be addressed by this recommendation and the expected impact or benefit to the state or the people we serve.

Members of the public who would like to provide public comments may register at this link https://forms.office.com/r/QCzEEE7wQt and choose from the following options:

Oral comments provided virtually: Members of the public must pre-register to provide oral comments virtually during the public hearing by completing a Public Comment Registration form at https://forms.office.com/r/QCzEEE7wQt no later than 5:00 p.m. Wednesday, March 27, 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 public hearing with instructions for providing virtual public comment. Oral comments are 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 on whose behalf they are speaking (if anyone). If you pre-register to speak and wish to provide a handout before the public hearing, please submit an electronic copy in accessible PDF format that will be distributed to the appropriate DSHS staff. Handouts are limited to two pages (paper size: 8.5" by 11", one side only). Handouts must be emailed to DSHSPublicHearings@dshs.texas.gov immediately after pre-registering, but no later than 5:00 p.m. Wednesday, March 27, 2024, and 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 public hearing, but handouts will be provided to the appropriate DSHS staff.

Oral comments provided in-person at the public hearing location: Members of the public may provide oral public comments during the public hearing in person at the public hearing location by pre-registering online using the Public Comment Registration form at https://forms.office.com/r/QCzEEE7wQt. Do not include health information or other confidential information in your comments or handouts.

Written comments: A member of the public who wishes to provide written public comments only must email the comments to DSHSPublicHearings@dshs.texas.gov no later than 5:00 p.m. Wednesday, March 27, 2024. Please include your name and the organization you are representing or that you are commenting 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 public hearing, but comments will be provided to the appropriate DSHS staff.

Note: These procedures may be revised at the discretion of DSHS.

Contact: Questions regarding agenda items, content, or public hearing arrangements should be directed to:

Mail: Department of State Health Services (DSHS)

Center for System Coordination and Innovation (CSCI)

1100 West 49th Street, Austin, Texas 78756

Mail Code 1911, Austin, Texas 78714-9347

Fax: Attention: DSHS Public Hearing at (512) 776-7671

E-mail: DSHSPublicHearings@dshs.texas.gov

Phone: (512) 776-3102

This forum is open to the public. No reservations are required, and there is no cost to attend.

People with disabilities who wish to attend the public hearing and require auxiliary aids or services should call (512) 776-3102 at least 72 hours before the public hearing so appropriate arrangements can be made.

TRD-202400624

Cynthia Hernandez

General Counsel

Department of State Health Services

Filed: February 14, 2024

Texas Department of Housing and Community Affairs

Notice of Public Comment Period and Public Hearing on Draft 2024 U.S. Department of Energy Weatherization Assistance Program State Plan

The Texas Department of Housing and Community Affairs (TDHCA) announces the opening of a public comment period for the Draft 2024 United States Department of Energy (DOE) Weatherization Assistance Program (WAP) State Plan. The public comment period begins February 23, 2024, and ends March 13, 2024, at 5:00 p.m., CST.

Please visit the TDHCA Public Comment Center at https://www.tdhca.texas.gov/tdhca-public-comment-center to access the Plan.

The comments/suggestions should pertain to the contents of the Plan and revisions you want to propose to the Plan. The Department would appreciate that comments include the rationale for the comment, though such is not required. The rationale, if provided, will assist the Department in the review of comments. When providing feedback, please reference the section of the Plan and your comment (for example: V.8.4 T&TA Activities or Health and Safety Plan Section 3.0. Comment: Recommend removing/adding <insert recommended language>. Such revision is being recommended because <insert rationale>).

Written comments concerning the Draft Plan should be submitted to TDHCA, Attn: Gavin Reid, P.O. Box 13941, Austin, Texas 78711-3941, or by email to gavin.reid@tdhca.texas.gov.

A public hearing for the Draft 2024 DOE WAP State Plan will also be accessible to the public via the web link information below. In order to engage in two-way communication during the hearing, persons must first register (at no cost) to attend the webinar via the link provided. Anyone who calls into the hearing without registering online will not be able to provide comment, but the hearing will still be audible.

March 6, 2024

10:00 a.m. - 11:00 a.m., CST

GoToWebinar, to register follow this link: https://attendee.gotowebinar.com/register/3778752520932056416

Dial-in number (Audio only): (631) 992-3221, Audio Access Code 905-585-296 (if you plan to provide comment during the Hearing and will be using your cell phone, the only way to give public comment will be if you have downloaded the GoToWebinar app. If you do not have the GoToWebinar app on your phone, you will only be able to listen in. The other option is to email your public comment to gavin.reid@tdhca.texas.gov. If you do use your telephone, once you are connected, select "Use Telephone" to listen in).

After registering, you will receive a confirmation email containing information about joining the Public Hearing Webinar.

Local officials and citizens are encouraged to participate in the hearing process.

Written and oral comments received will be used to finalize the 2024 DOE WAP State Plan.

Individuals who require auxiliary aids, services or sign language interpreters for this meeting should contact Rita Gonzales-Garza at (512) 475-3905, at least five days before the meeting so that appropriate arrangements can be made. Non-English speaking individuals who require interpreters for this meeting should contact Rita Gonzales-Garza, (512) 475-3905, at least five days before the meeting so that appropriate arrangements can be made. Personas que hablan español y requieren un interprete, favor de llamar a Rita Gonzales-Garza, al siguiente numero (512) 475-3905 por lo menos cinco días antes de la junta para hacer los preparativos apropiados.

If you have any questions, please contact Gavin Reid via email at gavin.reid@tdhca.texas.gov.

TRD-202400512

Bobby Wilkinson

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 9, 2024

Texas Lottery Commission

Correction of Error

The Texas Lottery Commission published the game procedure for Scratch Ticket Game Number 2587 "LOTERIA SUPREME" in the February 9, 2024, issue of the Texas Register (49 TexReg 790). Due to an error by the Texas Register, the word "PIÑATA" was published incorrectly in section 1.2.C, Play Symbol.

The affected section should have read as follows:

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: AIRPLANE SYMBOL, ARMORED CAR SYMBOL, BANK SYMBOL, BAG SYMBOL, BIRD SYMBOL, BOOT SYMBOL, BOW SYMBOL, CAKE SYMBOL, CANDY SYMBOL, ATM CARD SYMBOL, CLUB SYMBOL, COFFEE SYMBOL, COINS SYMBOL, CROWN SYMBOL, DIAMOND SYMBOL, FLAG SYMBOL, GOLD BAR SYMBOL, HEART SYMBOL, JOKER SYMBOL, KEY SYMBOL, LAMP SYMBOL, LEMON SYMBOL, LIGHTNING SYMBOL, MOON SYMBOL, ORANGE SYMBOL, PEACH SYMBOL, PICK SYMBOL, PIGGY BANK SYMBOL, PIZZA SYMBOL, POT OF GOLD SYMBOL, RAINBOW SYMBOL, RING SYMBOL, SHADES SYMBOL, SEVEN SYMBOL, SPADE SYMBOL, SUN SYMBOL, TROPHY SYMBOL, WALLET SYMBOL, WISHBONE SYMBOL, ANCHOR SYMBOL, BAR SYMBOL, BELL SYMBOL, BILL SYMBOL, CAMERA SYMBOL, CHEESE SYMBOL, CHEST SYMBOL, CLOVER SYMBOL, DICE SYMBOL, DOLLAR SIGN SYMBOL, DRUM SYMBOL, EMERALD SYMBOL, GIFT SYMBOL, MELON SYMBOL, NECKLACE SYMBOL, PEARL SYMBOL, SHELL SYMBOL, STAR SYMBOL, VAULT SYMBOL, WATER BOTTLE SYMBOL, ARMADILLO SYMBOL, BAT SYMBOL, BICYCLE SYMBOL, BLUEBONNET SYMBOL, BOAR SYMBOL, BUTTERFLY SYMBOL, CACTUS SYMBOL, CARDINAL SYMBOL, CHERRIES SYMBOL, CHILE PEPPER SYMBOL, COVERED WAGON SYMBOL, COW SYMBOL, COWBOY HAT SYMBOL, COWBOY SYMBOL, DESERT SYMBOL, FIRE SYMBOL, FOOTBALL SYMBOL, GEM SYMBOL, GUITAR SYMBOL, HEN SYMBOL, HORSE SYMBOL, HORSESHOE SYMBOL, JACKRABBIT SYMBOL, LIZARD SYMBOL, LONE STAR SYMBOL, MARACAS SYMBOL, MOCKINGBIRD SYMBOL, MOONRISE SYMBOL, MORTAR PESTLE SYMBOL, NEWSPAPER SYMBOL, OIL RIG SYMBOL, PECAN TREE SYMBOL, PIÑATA SYMBOL, RACE CAR SYMBOL, ROAD RUNNER SYMBOL, SADDLE SYMBOL, SHIP SYMBOL, SHOES SYMBOL, SOCCER BALL SYMBOL, SPEAR SYMBOL, SPUR SYMBOL, STRAWBERRY SYMBOL, SUNSET SYMBOL, WHEEL SYMBOL, WINDMILL SYMBOL, $100, $200, $300, $500, $1,000, $5,000, $10,000 and $100,000.

TRD-202400565

Scratch Ticket Game Number 2561 "MAXIMUM MILLIONS"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2561 is "MAXIMUM MILLIONS". The play style is "multiple games".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2561 shall be $30.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2561.

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. 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. 2561 - 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 (2561), 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: 2561-0000001-001.

H. Pack - A Pack of the "MAXIMUM MILLIONS" Scratch Ticket Game contains 025 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The front of Ticket 001 will be shown on the front of the Pack; the back of Ticket 025 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 025 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 "MAXIMUM MILLIONS" Scratch Ticket Game No. 2561.

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 "MAXIMUM MILLIONS" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose seventy-seven (77) Play Symbols. GAME 1: If a player reveals 2 matching symbols in the same SPIN, the player wins the PRIZE for that SPIN. If a player reveals 3 matching symbols in the same SPIN, the player wins TRIPLE the PRIZE for that SPIN. GAME 2: If a player matches any of the YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the PRIZE for that number. If a player reveals a "5X" Play Symbol, the player wins 5 TIMES the PRIZE for that symbol. If the player reveals a "10X" Play Symbol, the player wins 10 TIMES the PRIZE for that symbol. If the player reveals a "TREASURE CHEST" Play Symbol, the player WINS ALL 20 PRIZES INSTANTLY! 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 seventy-seven (77) 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-seven (77) 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-seven (77) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the seventy-seven (77) 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: Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.

B. GENERAL: A Ticket can win as indicated by the prize structure.

C. GENERAL: A Ticket can win up to twenty-eight (28) times.

D. GENERAL: The "TREASURE CHEST" (WINALL), "5X" (WINX5) and "10X" (WINX10) Play Symbols will never appear in any of the eight (8) SPINs in GAME 1.

E. GENERAL: On winning and Non-Winning Tickets, the top cash prizes of $1,000, $10,000 and $3,000,000 will each appear at least once, except on Tickets winning twenty-eight (28) times and with respect to other parameters, play action or prize structure.

F. GAME 1: The GAME 1 play area consists of eight (8) SPINs with three (3) Play Symbols and one (1) Prize Symbol per SPIN.

G. GAME 1: GAME 1 can win up to eight (8) times, once in each SPIN.

H. GAME 1: Non-winning Prize Symbols will not match a winning Prize Symbol in GAME 1.

I. GAME 1: There will never be more than two (2) matching non-winning Prize Symbols across all SPINs.

J. GAME 1: There will never be two (2) or more matching Play Symbols in a vertical or diagonal line.

K. GAME 1: On non-winning SPINs, a Play Symbol will never appear more than one (1) time in a SPIN.

L. GAME 1: Consecutive Non-Winning Tickets within a Pack will not have matching SPINs. For example, if the first Ticket contains a "LEMON" Play Symbol, "BANANA" Play Symbol and a "HEART" Play Symbol in a SPIN, the next Ticket will not contain a "LEMON" Play Symbol, "BANANA" Play Symbol and a "HEART" Play Symbol in any SPIN in any order.

M. GAME 1: Winning and Non-Winning Tickets will not have matching SPINs. For example, if SPIN 1 is a "LEMON" Play Symbol, "BANANA" Play Symbol and a "HEART" Play Symbol, then SPIN 2 " SPIN 8 will not contain a "LEMON" Play Symbol, "BANANA" Play Symbol and a "HEART" Play Symbol in any order.

N. GAME 1: Two (2) matching Play Symbols in a horizontal SPIN will win the PRIZE for that SPIN.

O. GAME 1: Three (3) matching Play Symbols in the same horizontal SPIN will win TRIPLE the PRIZE for that SPIN and will win as per the prize structure.

P. GAME 2: A Ticket can win up to twenty (20) times in GAME 2.

Q. GAME 2: All non-winning YOUR NUMBERS Play Symbols will be different.

R. GAME 2: Non-winning Prize Symbols will not match a winning Prize Symbol in GAME 2.

S. GAME 2: All WINNING NUMBERS Play Symbols will be different.

T. GAME 2: Tickets winning more than one (1) time in GAME 2 will use as many WINNING NUMBERS Play Symbols as possible to create matches, unless restricted by other parameters, play action or prize structure.

U. GAME 2: On all Tickets, a Prize Symbol in GAME 2 will not appear more than three (3) times, except as required by the prize structure to create multiple wins.

V. GAME 2: On Non-Winning Tickets, a WINNING NUMBERS Play Symbol will never match a YOUR NUMBERS Play Symbol.

W. GAME 2: All YOUR NUMBERS Play Symbols will never equal the corresponding Prize Symbol (i.e., $30 and 30).

X. GAME 2: The "TREASURE CHEST" (WINALL) Play Symbol will never appear on the same Ticket as the "5X" (WINX5) or "10X" (WINX10) Play Symbols.

Y. GAME 2: The "TREASURE CHEST" (WINALL) Play Symbol will instantly win all twenty (20) PRIZE amounts in GAME 2 and will win as per the prize structure.

Z. GAME 2: The "TREASURE CHEST" (WINALL) Play Symbol will never appear more than once on a Ticket.

AA. GAME 2: The "TREASURE CHEST" (WINALL) Play Symbol will never appear on a Non-Winning Ticket.

BB. GAME 2: The "TREASURE CHEST" (WINALL) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

CC. GAME 2: On Tickets winning with the "TREASURE CHEST" (WINALL) Play Symbol, the YOUR NUMBERS Play Symbols will not match any of the WINNING NUMBERS Play Symbols.

DD. GAME 2: The "5X" (WINX5) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

EE. GAME 2: The "5X" (WINX5) Play Symbol will never appear on a Non-Winning Ticket.

FF. GAME 2: The "5X" (WINX5) Play Symbol will win 5 TIMES the PRIZE for that Play Symbol and will win as per the prize structure.

GG. GAME 2: The "5X" (WINX5) Play Symbol will never appear more than one (1) time on a Ticket.

HH. GAME 2: The "10X" (WINX10) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.

II. GAME 2: The "10X" (WINX10) Play Symbol will never appear on a Non-Winning Ticket.

JJ. GAME 2: The "10X" (WINX10) Play Symbol will win 10 TIMES the PRIZE for that Play Symbol and will win as per the prize structure.

KK. GAME 2: The "10X" (WINX10) Play Symbol will never appear more than one (1) time on a Ticket.

LL. GAME 2: The "5X" (WINX5) and "10X" (WINX10) will never appear on the same Ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "MAXIMUM MILLIONS" Scratch Ticket Game prize of $30.00, $50.00, $100, $150, $200, $300 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 $30.00, $50.00, $100, $150, $200, $300 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 "MAXIMUM MILLIONS" Scratch Ticket Game prize of $1,000, $1,500 or $10,000, 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. To claim a "MAXIMUM MILLIONS" Scratch Ticket Game top level prize of $3,000,000, the claimant must sign the winning Scratch Ticket and may present it at one of the Texas Lottery's Claim Centers in Austin, Dallas, Fort Worth, Houston or San Antonio, Texas. 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 and proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). 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.

D. As an alternative method of claiming a "MAXIMUM MILLIONS" Scratch Ticket Game prize, including the top level prize of $3,000,000, 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.

E. 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.

F. 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 "MAXIMUM MILLIONS" 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 "MAXIMUM MILLIONS" 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 6,960,000 Scratch Tickets in Scratch Ticket Game No. 2561. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2561 - 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. 2561 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. 2561, 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-202400567

Bob Biard

General Counsel

Texas Lottery Commission

Filed: February 13, 2024

Texas Parks and Wildlife Department

Notice of Proposed Real Estate Transactions

Partition, Exchange, and Conveyance of Land - Marion County

Approximately 90 Acres at Caddo Lake Wildlife Management Area

In a meeting on March 28, 2024, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing the partition, exchange, and conveyance of approximately 90 acres at the Caddo Lake Wildlife Management Area. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Stan David, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, or by email to stan.david@tpwd.texas.gov, or via the department's website at www.tpwd.texas.gov. Visit the TPWD website at tpwd.texas.gov for the latest information regarding the Commission.

Grant of Easement - Tom Green County

Approximately 0.05 Acres at the San Angelo Fish Hatchery

In a meeting on March 28, 2024, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing an easement for a wastewater line of approximately 0.05 acres at the San Angelo Fish Hatchery. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Jason Estrella, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, or by email to jason.estrella@tpwd.texas.gov, or via the department's website at www.tpwd.texas.gov. Visit the TPWD website at tpwd.texas.gov for the latest information regarding the Commission.

Land Acquisition Strategy - Jack County

Approximately 5 Acres at Fort Richardson State Park, Historic Site and Lost Creek Reservoir State Trailway

In a meeting on March 28, 2024, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing a land acquisition strategy of approximately 5 acres at Fort Richardson State Park, Historic Site and Lost Creek Reservoir State Trailway. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Trey Vick, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, or by email to trey.vick@tpwd.texas.gov, or via the department's website at www.tpwd.texas.gov. Visit the TPWD website at tpwd.texas.gov for the latest information regarding the Commission meeting.

Disposition of Land - Blanco County

Approximately 0.38 Acres at Blanco State Park

In a meeting on March 28, 2024, the Texas Parks and Wildlife Commission (the Commission) will consider authorizing a disposition of land of approximately 0.38 acres at Blanco State Park. The public will have an opportunity to comment on the proposed transaction before the Commission takes action. The meeting will start at 9:00 a.m. at the Texas Parks and Wildlife Department Headquarters, 4200 Smith School Road, Austin, Texas 78744. Prior to the meeting, public comment may be submitted to Trey Vick, Land Conservation, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, or by email to trey.vick@tpwd.texas.gov, or via the department's website at www.tpwd.texas.gov. Visit the TPWD website at tpwd.texas.gov for the latest information regarding the Commission meeting.

TRD-202400588

James Murphy

General Counsel

Texas Parks and Wildlife Department

Filed: February 14, 2024

Supreme Court of Texas

Order Amending Rule 23 of the Rules Governing Admission to the Bar of Texas (.pdf)

TRD-202400622

Jaclyn Daumerie

Rules Attorney

Supreme Court of Texas

Filed: February 14, 2024