Office of the Attorney General
Texas Water Code and Texas Health and Safety Code Settlement Notice
The State of Texas gives notice of the following proposed resolution of an environmental enforcement action under the Texas Health and Safety Code and the Texas Water Code. Before the State may enter into a voluntary settlement agreement, pursuant to section 7.110 of the Texas Water Code, the State shall permit the public to comment in writing. The Attorney General will consider any written comments, and may withdraw or withhold consent to the proposed agreement if the comments disclose facts or considerations indicating that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the law.
Case Title and Court: State of Texas v. Harris County, Texas and the State of Texas, a Necessary and Indispensable Party v. J&S Water Company, L.L.C; Cause No. 2019-89465, in the 53rd District Court, Harris County, Texas.
Background: Defendant J&S Water System Company, L.L.C. ("J&S") owns and operates a wastewater treatment plant located approximately 350 feet northeast from the corner of Kodiac Street and Rayford Road in Five Oaks, Harris County, Texas. Harris County and the State, on behalf of the Texas Commission on Environmental Quality ("TCEQ"), filed a civil enforcement suit under the Texas Water Code against J&S for violations of the Texas Water Code and TCEQ rules.
Proposed Settlement: The parties propose a civil penalty of $180,000, to be divided equally between the State and Harris County, as required by Tex. Water Code §7.107. Of this amount, $130,000 will be deferred upon timely completion with the injunctive relief included in the AFJ. The remaining non-deferred amount of $50,000 will be divided equally between the State and Harris County. The AFJ also assesses a civil penalty of $20,000 to be paid to TCEQ. The parties propose attorney’s fees of $4,000, to be divided equally between the State and Harris County.
For a complete description of the proposed settlement, the Agreed Final Judgment should be reviewed in its entirety. Requests for copies of the proposed judgment and settlement, and written comments on the same, should be directed to Ixchel Parr, Assistant Attorney General, Office of the Attorney General of Texas, P.O. Box 12548, MC-066, Austin, Texas 78711-2548; (512) 463-2012; facsimile (512) 320-0911; email: Ixchel.Parr@oag.texas.gov. Written comments must be received within 30 days of publication of this notice to be considered.
TRD-202402311
Justin Gordon
General Counsel
Office of the Attorney General
Filed: May 22, 2024
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 06/03/24 - 06/09/24 is 18.00% for consumer1 credit.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/03/24 - 06/09/24 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-202402375
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 29, 2024
The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for activities to increase opportunities for children and parents to learn and practice choice making skills. Choice making serves to empower children with disabilities by fostering a sense of responsibility and autonomy, enhance children's communication abilities, and can contribute to overall community safety such as reducing abuse and neglect. Children who were given more choice making in play activities resulted in more positive behavior outcomes. By promoting choice making in children at younger ages, they will likely be in a better position to make self-determined choices as an adult. Project activities must include a range of developmental strategies and tools to enhance positive choice making skills among children ages birth to age 14 of all abilities and communication levels. The selection of these age groups is intended to supplement the education and training currently offered to individuals over the age of 14. Projects should include strategies to educate and train individuals as well as parents and others in their support network.
TCDD has approved funding for one organization for up to five years. Funding is approved for up to $300,000 each year. Funds available for this project are provided to TCDD by the Administration for Community Living (ACL), U.S. Department of Health and Human Services, with 100% federal funding pursuant to the Developmental Disabilities Assistance and Bill of Rights Act. Funding for the project is dependent on the results of a review process established by TCDD and on the availability of funds. Non-federal matching funds of at least 25% of total project costs are required for projects. Non-federal matching funds at a reduced rate of 10% of the total project costs are required for project activities conducted in federally designated poverty areas.
Additional information concerning this Request for Applications (RFA) and TCDD is available at https://tcdd.texas.gov/grants-rfas/funding-available-for-grants/. All questions pertaining to this RFA should be directed in writing to TCDD via email at apply@tcdd.texas.gov or via telephone at (512) 437-5432.
Deadline: Proposals are due by 11:59 p.m. on August 23, 2024. Proposals will not be accepted outside of these due dates.
TRD-202402389
Beth Stalvey
Executive Director
Texas Council for Developmental Disabilities
Filed: May 29, 2024
The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds to promote the strategies of self-determination in health care to assist in communication with providers and navigating the health care system. Self-determination among individuals with DD includes understanding your own needs, knowing what kind of support may help, and communicating those needs to others. Program components may include knowing your health care rights and finding support from peers. Products may include tools to assist individuals in articulating their health care preferences, and/or tools to help identify when a person with DD may need additional support in a health care system encounter.
TCDD has approved funding for one organization for up to five years. Funding is approved for up to $125,000 each year. Funds available for this project are provided to TCDD by the Administration for Community Living (ACL), U.S. Department of Health and Human Services, with 100% federal funding pursuant to the Developmental Disabilities Assistance and Bill of Rights Act. Funding for the project is dependent on the results of a review process established by TCDD and on the availability of funds. Non-federal matching funds of at least 25% of total project costs are required for projects. Non-federal matching funds at a reduced rate of 10% of the total project costs are required for project activities conducted in federally designated poverty areas.
Additional information concerning this Request for Applications (RFA) and TCDD is available at https://tcdd.texas.gov/grants-rfas/funding-available-for-grants/. All questions pertaining to this RFA should be directed in writing to TCDD via email at apply@tcdd.texas.gov or via telephone at (512) 437-5432.
Deadline: Proposals are due by 11:59 p.m. on August 23, 2024. Proposals will not be accepted outside of these due dates.
TRD-202402388
Beth Stalvey
Executive Director
Texas Council for Developmental Disabilities
Filed: May 29, 2024
The Texas Education Agency (TEA), on behalf of the State Board for Educator Certification, adopted repeals and new sections for 19 TAC Chapter 228, Requirements for Educator Preparation Programs, in the May 17, 2024, issue of the Texas Register (49 TexReg 3531).
Due to error as submitted by TEA, the description of adopted new §228.103(a) in the preamble included an incorrect number of weeks for the first formal observation of the residency assignment. As specified in the rule, the first formal observation must be within the first four weeks of the residency assignment. To accurately reflect the language in the rule, the description in the preamble should have read as follows:
Adopted new §228.103(a) requires the EPP to provide the first formal observation within the first four weeks of the residency assignment.
TRD-202402387
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Filed: May 29, 2024
The Texas Commission on Environmental Quality (TCEQ, agency, or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 9, 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 July 9, 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: 114TH Mobile Home Park, LLC; DOCKET NUMBER: 2022-1644-PWS-E; IDENTIFIER: RN102318094; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(h)(3) and (j)(1)(A) and Texas Health and Safety Code, §341.0351, by failing to notify the executive director (ED) in writing as to the beginning and completion of a water works project and attest to the fact that the completed work is substantially in accordance with the plans and specifications on file with the commission; 30 TAC §290.42(f)(1)(E)(ii), by failing to provide containment facilities for all liquid chemical storage tanks; 30 TAC §290.42(g), by failing to obtain an exception, in accordance with 30 TAC 290.39(l), prior to using innovative/alternate treatment processes; 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; 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: $8,251; ENFORCEMENT COORDINATOR: Ronica Rodriguez Scott, (361) 881-6990; REGIONAL OFFICE: 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401, (361) 881-6900.
(2) COMPANY: Aqua Utilities, Incorporated; DOCKET NUMBER: 2023-0116-PWS-E; IDENTIFIER: RN102682218; LOCATION: Glen Rose, Somervell County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.41(c)(1)(D), by failing to ensure that livestock in pastures are not allowed within 50 feet of the facility's well at Water Plant Number 1; and 30 TAC §290.45(b)(1)(C)(i) and Texas Health and Safety Code, §341.0315(c), by failing to provide a minimum well capacity of 0.6 gallons per minute per connection; PENALTY: $1,425; ENFORCEMENT COORDINATOR: Ronica Rodriguez Scott, (361) 881-6990; REGIONAL OFFICE: 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401, (361) 881-6900.
(3) COMPANY: BARUCH, LP; DOCKET NUMBER: 2022-1021-PST-E; IDENTIFIER: RN100811322; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: temporarily out-of-service underground storage tank (UST) system; RULES VIOLATED: 30 TAC §334.7(d)(1)(A) and (3), by failing to provide an amended registration for any change or additional information to the agency regarding the USTs within 30 days from the date of the occurrence of the change or addition; 30 TAC §334.49(a)(1) and §334.54(b)(3) and TWC, §26.3475(d), by failing to adequately protect the temporarily out-of-service UST system from corrosion; and 30 TAC §334.606, by failing to maintain required UST operator training certification documentation on-site and make it available for inspection upon request by agency personnel; PENALTY: $7,000; ENFORCEMENT COORDINATOR: Lauren Little, (817) 588-5888; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(4) COMPANY: BASF CORPORATION; DOCKET NUMBER: 2022-1362-WDW-E; IDENTIFIER: RN100634922; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: agricultural chemical manufacturing facility and waste disposal well (WDW); RULES VIOLATED: §305.125(1) and 30 TAC §331.63(e), 40 Code of Federal Regulations §146.67(c), Underground Injection Control Permit Number WDW 155, and Permit Provision VII.E. Operating Parameters, by failing to maintain an annulus pressure of at least 100 pounds per square inch greater than the injection tubing pressure to prevent leaks from the well into unauthorized zones and to detect well malfunctions; PENALTY: $2,550; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $1,000; ENFORCEMENT COORDINATOR: Stephanie McCurley, (512) 239-2607; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(5) COMPANY: BBR Water Company; DOCKET NUMBER: 2022-1292-PWS-E; IDENTIFIER: RN101275733; LOCATION: Bulverde, Comal County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(e)(4)(A), by failing to provide a full-face self-contained breathing apparatus or supplied air respirator that meets Occupational Safety and Health Administration standards that is readily accessible outside the chlorinator room and immediately available to the operator in the event of an emergency; 30 TAC §290.42(l), by failing to maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.46(n)(3), by failing to keep on file copies of well completion data as defined in 30 TAC 290.41(c)(3)(A) for as long as the well remains in service; 30 TAC §290.46(s)(1), by failing to calibrate the facility's well meter at least once every three years; 30 TAC §290.46(u), by failing to plug an abandoned public water supply well with cement in accordance with 16 TAC Chapter 76 or submit test results proving that the well is in a non-deteriorated condition; and 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the public water system will use to comply with the monitoring requirements; PENALTY: $4,158; ENFORCEMENT COORDINATOR: Ashley Lemke, (512) 239-1118; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(6) COMPANY: Blue Sky Farms, LLC; DOCKET NUMBER: 2022-0156-AGR-E; IDENTIFIER: RN101523587; LOCATION: Dublin, Erath County; TYPE OF FACILITY: concentrated animal feeding operation; RULES VIOLATED: 30 TAC §305.125(1) and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0003077000, Part X.U, by failing to maintain grassed waterways; 30 TAC §305.125(1) and §321.44(a) and TPDES Permit Number WQ0003077000, Part VIII, B.3, by failing to orally notify the appropriate TCEQ regional office within one hour of discovery of a discharge of manure, sludge, or wastewater into water in the state; 30 TAC §305.125(1) and (4) and §321.31(a), TWC, §26.121(a)(1), and TPDES Permit Number WQ0003077000, Part VI, A, by failing to prevent the unauthorized discharge of agricultural waste into or adjacent to any water in the state; PENALTY: $3,338; ENFORCEMENT COORDINATOR: Nancy Sims, (512) 239-5053; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(7) COMPANY: City of Reno; DOCKET NUMBER: 2023-1486-PWS-E; IDENTIFIER: RN102686581; LOCATION: Azle, Parker County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.42(e)(3)(G), by failing to obtain an exception, in accordance with 30 TAC §290.39(l), prior to using blended water containing free chlorine and water containing chloramines; PENALTY: $427; ENFORCEMENT COORDINATOR: Ashley Lemke, (512) 239-1118; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(8) COMPANY: City of Sonora; DOCKET NUMBER: 2021-0906-PWS-E; IDENTIFIER: RN101384261; LOCATION: Sonora, Sutton 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 and receive an approval prior to making any significant change or addition to the system's production, treatment, storage, pressure maintenance, or distribution facilities; 30 TAC §290.42(e)(4)(C) and TCEQ Agreed Order Docket Number 2019-0417-PWS-E, Ordering Provision Number 2.a.i, by failing to provide forced air ventilation, which includes both high level and floor level screened and louvered vents, a fan which is located at and draws air in through the top vent and discharges to the outside atmosphere through the floor level vent; and 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; PENALTY: $11,475; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $11,475; ENFORCEMENT COORDINATOR: Samantha Salas, (512) 239-1543; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(9) COMPANY: Clean Harbors Deer Park, LLC; DOCKET NUMBER: 2021-1517-IWD-E; IDENTIFIER: RN102184173; LOCATION: Deer Park, Harris County; TYPE OF FACILITY: industrial hazardous waste treatment, storage, and disposal facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and TPDES Permit Number WQ0001429000, Effluent Limitations and Monitoring Requirements Numbers 1 and 2 and Other Requirements Number 3(b) for Outfall Number 002 and Effluent Limitations and Monitoring Requirements Number 1 for Outfall Numbers 002, 003, and 004, by failing to comply with permitted effluent limitations; 30 TAC §305.125(1) and §319.5(b) and TPDES Permit Number WQ0001429000, Effluent Limitations and Monitoring Requirements Number 1, Outfall Number 002, by failing to collect and analyze samples at the intervals specified in the permit; and 30 TAC §305.125(1), TWC, §26.121(a)(1), andTPDESPermit Number WQ0001429000, Effluent Limitations and Monitoring Requirements Number 1, Outfall Numbers 101 and 201, by failing to comply with permitted effluent limitations; PENALTY: $65,699; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $26,280; ENFORCEMENT COORDINATOR: Sarah Castillo, (512) 239-1130; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(10) COMPANY: COMMUNITY WATER SUPPLY CORPORATION; DOCKET NUMBER: 2022-0612-WQ-E; IDENTIFIER: RN101238863; LOCATION: Azle, Tarrant County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §305.42(a) and TWC, 26.121(a), by failing to obtain authorization to discharge conventional water treatment plant wastewater into or adjacent to any water in the state; PENALTY: $2,300; ENFORCEMENT COORDINATOR: Megan Crinklaw, (512) 239-1129; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(11) COMPANY: CREST METAL DOORS, INCORPORATED; DOCKET NUMBER: 2023-0371-AIR-E; IDENTIFIER: RN100851997; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: metal door manufacturing plant; RULES VIOLATED: 30 TAC §116.115(c), New Source Review (NSR) Permit Number 28970, Special Conditions (SC) Number 16.C(1) and (2), and Texas Health and Safety Code, §382.085(b), by failing to maintain records that contained the data and information for volatile organic compounds and particulate matter emissions in pounds per hour as daily averages and in tons per year over the previous 12 months to demonstrate compliance with the SC and the maximum allowable emissions rate for NSR Permit Number 28970; PENALTY: $5,350; ENFORCEMENT COORDINATOR: Desmond Martin, (512) 239-2814; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(12) COMPANY: CTM Investments, Incorporated dba Checkered Flag 29; DOCKET NUMBER: 2023-0129-PST-E; IDENTIFIER: RN102410172; LOCATION: Cresson, Hood 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.
(13) COMPANY: CY-Champ Public Utility District; DOCKET NUMBER: 2023-0927-PWS-E; IDENTIFIER: RN102674900; LOCATION: Houston, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.45(b)(1)(D)(iv) and Texas Health and Safety Code, §341.0315(c), by failing to provide an elevated storage capacity of 100 gallons per connection; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Kaisie Hubschmitt, (512) 239-1482; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(14) COMPANY: DCP Operating Company, LP; DOCKET NUMBER: 2023-0906-AIR-E; IDENTIFIER: RN107088759; LOCATION: Goldsmith, Ector County; TYPE OF FACILITY: natural gas processing 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), 116.615(2), and 122.143(4), Standard Permit Registration Number 116553, Air Quality Standard Permit for Oil and Gas Handling and Production Facilities, Special Conditions Number (a)(4), Federal Operating Permit Number O4398/General Operating Permit Number 514, Site-wide Requirements Numbers (b)(2) and (9)(E)(ii), and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $13,625; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 492-3096.
(15) COMPANY: Delaware Basin Midstream LLC; DOCKET NUMBER: 2023-0775-AIR-E; IDENTIFIER: RN108748237; LOCATION: Orla, Reeves County; TYPE OF FACILITY: natural gas compression facility; RULES VIOLATED: 30 TAC §101.201(a)(1)(B) and §122.143(4), Federal Operating Permit (FOP) Number O3967, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 2.F., and Texas Health and Safety Code (THSC), §382.085(b), by failing to 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), 116.615(2), and 122.143(4), Standard Permit Registration Number 149503, FOP Number O3967, GTC and STC Number 7, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $18,450; ENFORCEMENT COORDINATOR: Johnnie Wu, (512) 239-2524; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(16) COMPANY: Duke's Junk Recycling LLC; DOCKET NUMBER: 2023-1090-MSW-E; IDENTIFIER: RN111506838; LOCATION: Austin, Travis County; TYPE OF FACILITY: citizens collection station; RULES VIOLATED: 30 TAC §330.11(a) and (e)(1), by failing to submit written notification to the Executive Director that storage, processing, or disposal activities are planned at least 90 days prior to engaging in these activities for a citizens' collection station; PENALTY: $2,250; ENFORCEMENT COORDINATOR: Eresha DeSilva, (512) 239-5084; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(17) COMPANY: DUKO OIL COMPANY, INCORPORATED dba Bulk Plant; DOCKET NUMBER: 2022-0957-PST-E; IDENTIFIER: RN101804938; LOCATION: Emory, Rains County; TYPE OF FACILITY: common carrier; RULES VIOLATED: 30 TAC §334.5(b)(1)(A) and TWC, §26.3467(d), by failing to make available a valid, current TCEQ delivery certificate before depositing a regulated substance into a regulated underground storage tank system; PENALTY: $22,000; ENFORCEMENT COORDINATOR: Lauren Little, (817) 588-5888; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(18) COMPANY: Energy Transfer GC NGL Fractionators LLC; DOCKET NUMBER: 2023-0632-IWD-E; IDENTIFIER: RN107858045; LOCATION: Baytown, Chambers County; TYPE OF FACILITY: oil and gas extraction facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0005395000 and National Pollutant Discharge Elimination System Permit Number TX0134027, Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $10,912; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $4,365; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(19) COMPANY: Enterprise Products Operating LLC; DOCKET NUMBER: 2023-0696-AIR-E; IDENTIFIER: RN102528197; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: chemical storage facility; RULES VIOLATED: 30 TAC §101.201(a)(1)(B) and §122.143(4), Federal Operating Permit (FOP) Number O1429, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Number 2.F., and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit an initial notification for a reportable emissions event no later than 24 hours after the discovery of an emissions event; 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), New Source Review (NSR) Permit Number 7278, Special Conditions (SC) Numbers 1 and 10.C., FOP Number O1429, GTC and STC Number 14, and THSC, §382.085(b), by failing to comply with the maximum allowable emissions rate and the emissions limit; 30 TAC §116.115(c) and §122.143(4), NSR Permit Number 7278, SC Number 1, FOP Number O1429, GTC and STC Number 14, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §116.115(c) and §122.143(4), NSR Permit Number 7278, SC Numbers 1 and 10.C., FOP Number O1429, GTC and STC Number 14, and THSC, §382.085(b), by failing to comply with the concentration limit and emissions limit; PENALTY: $95,528; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $38,211; ENFORCEMENT COORDINATOR: Johnnie Wu, (512) 239-2524; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(20) COMPANY: Fort Bend County Municipal Utility District 41; DOCKET NUMBER: 2022-1672-PWS-E; IDENTIFIER: RN102985280; LOCATION: Sugar Land, Fort Bend County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(n)(3), by failing to keep on file copies of well completion data as defined in 30 TAC §290.41(c)(3)(A) for as long as the well remains in service; PENALTY: $164; ENFORCEMENT COORDINATOR: Nick Lohret-Froio, (512) 239-4495; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(21) COMPANY: GEMINI VENTURES INCORPORATED; DOCKET NUMBER: 2022-1684-PST-E; IDENTIFIER: RN101783694; LOCATION: Houston, Harris County; TYPE OF FACILITY: carwash; RULES VIOLATED: 30 TAC §334.49(c)(2)(C) and (4)(C) and §334.54(b)(3) and TWC, §26.3475(d), by failing to inspect the impressed current corrosion protection system at least once every 60 days to ensure the rectifier and other system components are operating properly, and failing to test the corrosion protection system for operability and adequacy of protection at a frequency of at least once every three years; and 30 TAC §334.606, by failing to maintain underground storage tank operator training certification documentation on-site and make them available for inspection upon request by agency personnel; PENALTY: $6,291; ENFORCEMENT COORDINATOR: Danielle Fishbeck, (512) 239-5083; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(22) COMPANY: Great Western Drilling Ltd.; DOCKET NUMBER: 2023-1470-AIR-E; IDENTIFIER: RN109877415; LOCATION: Levelland, Hockley County; TYPE OF FACILITY: oil and gas production site; RULES VIOLATED: 30 TAC §116.110(a) and Texas Health and Safety Code, §382.0518(a) and §382.085(b), by failing to obtain authorization prior to constructing or modifying a source of air contaminants; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Matthew Perez, (325) 659-6707; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.
(23) COMPANY: Harris County; DOCKET NUMBER: 2024-0082-MWD-E; IDENTIFIER: RN102075306; LOCATION: Katy, Harris 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 WQ0013921001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with permitted effluent limitations; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(24) COMPANY: HONEYGROVE LLC dba Quick Stop 101; DOCKET NUMBER: 2023-0588-PST-E; IDENTIFIER: RN103027728; LOCATION: Honey Grove, Fannin 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 association with the underground storage tank system; PENALTY: $2,813; ENFORCEMENT COORDINATOR: Lauren Little, (817) 588-5888; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(25) COMPANY: JAMAL Enterprises, LP; DOCKET NUMBER: 2022-1619-PWS-E; IDENTIFIER: RN104523766; LOCATION: Amarillo, Randall County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.44(h)(1)(A), by failing to ensure additional protection was provided at all residences or establishments where an actual or potential contamination hazard exists in the form of an air gap or a backflow prevention assembly, as identified in 30 TAC §290.47(f); 30 TAC §290.46(f)(2) and (3)(A)(ii)(III), by failing to maintain water works operation and maintenance records and make them readily available for review by the Executive Director upon request; 30 TAC §290.46(s)(1), by failing to calibrate the facility's well meter at least once every three years; and 30 TAC §290.121(a) and (b), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the public water system will use to comply with the monitoring requirements; PENALTY: $1,957; ENFORCEMENT COORDINATOR: Mason DeMasi, (210) 657-8425; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 492-3096.
(26) COMPANY: Jupiter, Incorporated dba US One Stop Food Mart; DOCKET NUMBER: 2023-1769-PST-E; IDENTIFIER: RN102230992; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Ramyia Wendt, (512) 239-2513; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(27) COMPANY: ORTEGA, JOSE A; DOCKET NUMBER: 2024-0859-WOC-E; IDENTIFIER: RN111068870; LOCATION: Bandera, Bandera County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $175; ENFORCEMENT COORDINATOR: Miles Caston, (512) 239-4593; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(28) COMPANY: OWENS AND SONS, INCORPORATED; DOCKET NUMBER: 2022-1608-PST-E; IDENTIFIER: RN101808764; LOCATION: Odessa, Ector County; TYPE OF FACILITY: temporarily out-of-service underground storage tank (UST) system; RULES VIOLATED: 30 TAC §§334.47(a)(2), 334.49(c)(4)(C), and 334.54(b)(3) and TWC, §26.3475(d), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements, and failing to test the corrosion protection system for operability and adequacy of protection at a frequency of at least once every three years; PENALTY: $3,948; ENFORCEMENT COORDINATOR: Tiffany Chu, (817) 588-5891; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(29) COMPANY: SANDY'S PETROLEUM INCORPORATED dba Nathalies Food Mart; DOCKET NUMBER: 2023-1129-PST-E; IDENTIFIER: RN101908085; LOCATION: Sulphur Springs, Hopkins 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: Ramyia Wendt, (512) 239-2513; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(30) COMPANY: SMITH COUNTY SAND COMPANY, L.L.C.; DOCKET NUMBER: 2022-0661-WQ-E; IDENTIFIER: RN104388285; LOCATION: Tyler, Smith County; TYPE OF FACILITY: aggregate production operation; RULES VIOLATED: 30 TAC §281.25(a)(4) and Texas Pollutant Discharge Elimination System General Permit Number TXR05R199, Part IV, Section A.3, by failing to investigate the cause of benchmark value exceedances within 90 days following the sampling event; PENALTY: $779; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(31) COMPANY: TBM Resident Water Supply Corporation; DOCKET NUMBER: 2023-0253-PWS-E; IDENTIFIER: RN101258804; LOCATION: New Braunfels, Comal County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.45(b)(1)(C)(ii) and Texas Health and Safety Code, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; PENALTY: $150; ENFORCEMENT COORDINATOR: Ronica Rodriguez Scott, (361) 881-6990; REGIONAL OFFICE: 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401, (361) 881-6900.
(32) COMPANY: TEXANS R.V. PARK, INCORPORATED dba Mountain View RV Park; DOCKET NUMBER: 2022-1200-PWS-E; IDENTIFIER: RN101222214; LOCATION: Van Horn, Culberson County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(n)(3), by failing to keep on file copies of well completion data as defined in 30 TAC §290.41(c)(3)(A) for as long as the well remains in service; PENALTY: $500; ENFORCEMENT COORDINATOR: Nick Lohret-Froio, (512) 239-4495; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(33) COMPANY: Texas Department of Transportation dba TXDOT Bonham Maintenance; DOCKET NUMBER: 2023-0504-PST-E; IDENTIFIER: RN101531713; LOCATION: Bonham, Fannin County; TYPE OF FACILITY: fleet refueling facility; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $3,750; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $3,000; ENFORCEMENT COORDINATOR: Lauren Little, (817) 588-5888; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(34) COMPANY: Texas Lehigh Cement Company LP; DOCKET NUMBER: 2023-0752-AIR-E; IDENTIFIER: RN102597846; LOCATION: Buda, Hays County; TYPE OF FACILITY: cement manufacturing plant; RULES VIOLATED: 30 TAC §122.143(4) and §122.146(2), Federal Operating Permit Number O1132, General Terms and Conditions and Special Terms and Conditions Number 14, 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: $3,750; ENFORCEMENT COORDINATOR: Desmond Martin, (512) 239-2814; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(35) COMPANY: THIRD LAREDO STORE INCORPORATED dba Kings Oil 387; DOCKET NUMBER: 2022-0930-PST-E; IDENTIFIER: RN102405222; LOCATION: Laredo, Webb County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b)(2), by failing to assure that all underground storage tank (UST) recordkeeping requirements are met; and 30 TAC §334.50(b)(1)(A) and (2) and TWC, §26.3475(a) and (c)(1), by failing to monitor the USTs in a manner which will detect a release at a frequency of at least once every 30 days, and failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $3,719; ENFORCEMENT COORDINATOR: Eresha DeSilva, (512) 239-5084; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(36) COMPANY: UFF, Incorporated dba Shell 7541; DOCKET NUMBER: 2022-0910-PST-E; IDENTIFIER: RN101446904; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Jacob Morton, (903) 535-5156; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(37) COMPANY: Victoria Independent School District; DOCKET NUMBER: 2023-0195-PWS-E; IDENTIFIER: RN101202257; LOCATION: Victoria, Victoria County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.43(d)(2), by failing to provide the facility's pressure tanks with a pressure release device and an easily readable pressure gauge; and 30 TAC §290.46(f)(2) and (3)(A)(i) and (ii)(III), (V), (B)(iv), and (D)(ii), by failing to maintain water works operation and maintenance records and make them readily available for review by the Executive Director upon request; PENALTY: $725; ENFORCEMENT COORDINATOR: Mason DeMasi, (210) 657-8425; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 492-3096.
(38) COMPANY: WATERFORD, LLC dba Lone Star Supermarket; DOCKET NUMBER: 2023-1524-PST-E; IDENTIFIER: RN101383305; LOCATION: Vidor, Orange County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.7(d)(1)(A) and (3) and §334.8(c)(4)(C), by failing to provide an amended registration for any change or additional information regarding the underground storage tank (UST) system within 30 days of the occurrence of the change or addition, and failing to obtain a delivery certificate by submitting a properly completed UST registration and self-certification form within 30 days of an ownership change; and 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the UST; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Tiffany Chu, (817) 588-5891; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-202402365
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: May 28, 2024
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075, requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075, requires that notice of the 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 July 9, 2024. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on July 9, 2024. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on an AO shall be submitted to the commission in writing.
(1) COMPANY: THE AMERICAN LEGION, MISSING IN ACTION POST NO. 231, THE AMERICAN LEGION, DEPARTMENT OF TEXAS, POTTSBORO, TEXAS; DOCKET NUMBER: 2019-1329-PWS-E; TCEQ ID NUMBER: RN110053949; LOCATION: 133 Army Avenue near Pottsboro, Grayson County; TYPE OF FACILITY: public water system (PWS); RULES VIOLATED: 30 TAC §290.46(n)(1) and TCEQ Agreed Order Docket Number 2018-0048-PWS-E, Ordering Provision Number 2.a., by failing to maintain accurate and up-to-date detailed as-built plans or record drawings and specifications for each treatment plant, pump station, and storage tank at the PWS until the facility is decommissioned; Texas Health and Safety Code (THSC), §341.0315(c) and 30 TAC §290.45(b)(1)(B)(i), by failing to provide a well capacity of 0.6 gallons per minute per connection; THSC, §341.0315(c) and 30 TAC §290.45(b)(1)(B)(iv), by failing to provide a pressure tank capacity of 20 gallons per connection; 30 TAC §290.110(c)(4)(A), by failing to monitor the disinfectant residual at representative locations in the distribution system at least once every seven days; 30 TAC §290.46(s)(2)(C)(i), by failing to verify the accuracy of the manual disinfectant residual analyzer at least once every 90 days using chlorine solutions of known concentrations; 30 TAC §290.46(i), by failing to adopt an accurate 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(v), by failing to ensure that all electrical wiring is securely installed in compliance with a local or national electrical code; 30 TAC §290.41(c)(3)(J), by failing to provide a concrete sealing block that extends a minimum of three feet from the well casing in all directions with a minimum thickness of six inches and sloped to drain away at not less than 0.25 inch per foot; 30 TAC §290.41(c)(3)(K), by failing to ensure that wellheads and pump bases are sealed by a gasket or sealing compound and properly vented to prevent the possibility of contaminating the well water; 30 TAC §290.43(e), by failing to ensure that the facility's potable water storage tanks and pressure maintenance facilities are installed in a lockable building that is designed to prevent intruder access or enclosed by an intruder-resistant fence with lockable gates; 30 TAC §290.121(a) and (b), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the PWS will use to comply with the monitoring requirements; 30 TAC §290.46(n)(2), by failing to provide an accurate and up-to-date map of the distribution system so that the valves and mains can be easily located during emergencies; 30 TAC §290.42(l), by failing to compile and maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.42(e)(3)(D), by failing to provide facilities for determining the amount of disinfectant used daily and the amount of disinfectant remaining for use; 30 TAC §290.41(c)(3)(A) and TCEQ Agreed Order Docket Number 2018-0048-PWS-E, Ordering Provision Numbers 2.c. and 2.e., by failing to furnish a copy of the well completion data for review and approval by the executive director (ED) prior to placing the facility's public drinking water well into service; 30 TAC §290.46(t), by failing to post a legible sign at the facility's production, treatment, and storage facilities that contains the name of the Facility and an emergency telephone number where a responsible official can be contacted; 30 TAC §290.46(f)(2) and (3)(A)(ii)(III), by failing to maintain water works operation and maintenance records and make them available for review to the ED during the investigation; and 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; PENALTY: $2,600; STAFF ATTORNEY: James Sallans, Litigation, MC 175, (512) 239-2053; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: ANITRIO, INC. dba Mr Discount; DOCKET NUMBER: 2021-0873-PST-E; TCEQ ID NUMBER: RN102276011; LOCATION: 1205 East Ennis Avenue, Ennis, Ellis County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs in a manner which will detect a release at a frequency of at least once every 30 days; Texas Health and Safety Code, §382.085(b) and 30 TAC §115.225, by failing to comply with annual Stage I vapor recovery testing requirements; 30 TAC §334.45(c)(3)(A), by failing to securely anchor emergency shutoff valves (also called shear or impact valves) at the base of all dispensers; 30 TAC §334.50(d)(9)(A)(v) and §334.72, by failing to report suspected releases to TCEQ within 72 hours of discovery; and 30 TAC §334.74, by failing to investigate and confirm all suspected releases of regulated substances requiring reporting under 30 TAC §334.72 (relating to Reporting of Suspected Releases) within 30 days; PENALTY: $28,530; STAFF ATTORNEY: Cynthia Sirois, Litigation, MC 175, (512) 239-3392; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Jose Carlos Medina; DOCKET NUMBER: 2022-1114-WOC-E; TCEQ ID NUMBER: RN111459558; LOCATION: 101 East Dimmit Street, Crystal City, Zavala County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.0301(c) and §37.003 and 30 TAC §30.5(a) and §30.331(b), by failing to have a valid and current wastewater operator license prior to performing process control activities at a wastewater treatment facility; PENALTY: $1,712; STAFF ATTORNEY: Cynthia Sirois, Litigation, MC 175, (512) 239-3392; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.
TRD-202402363
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: May 28, 2024
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent the Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 9, 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 each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on July 9, 2024. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the DO shall be submitted to the commission in writing.
(1) COMPANY: Carol Ann Norra dba Carol Norra Mobile Home Park; DOCKET NUMBER: 2022-0425-PWS-E; TCEQ ID NUMBER: RN101282572; LOCATION: 205 Reidland Road near Crosby, Harris County; TYPE OF FACILITY: public water system (PWS); RULES VIOLATED: 30 TAC §290.46(n)(1), by failing to maintain at the PWS 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; 30 TAC §290.46(f)(2), (3)(A)(i)(III), (ii)(V), (iv), (B)(iv), and (D)(ii), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director upon request; 30 TAC §290.46(n)(2), by failing to make available an accurate and up-to-date map of the distribution system so that valves and mains can be easily located during emergencies; 30 TAC §290.121(a) and (b), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the facility will use to comply with the monitoring requirements; 30 TAC §290.42(l), by failing to compile and maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.45(h)(1), by failing to provide sufficient power to meet the capacity requirements in accordance with the affected utility's approved Emergency Preparedness Plan; 30 TAC §290.46(v), by failing to ensure that the electrical wiring is securely installed in compliance with a local or national electrical code; 30 TAC §290.41(c)(3)(K), by failing to seal the wellhead by a gasket or sealing compound and provide a well casing vent for the well that is covered with 16-mesh or finer corrosion-resistant screen, facing downward, elevated, and located so as to minimize the drawing of contaminants into the well; 30 TAC §290.41(c)(3)(O) and §290.43(e), by failing to provide an intruder-resistant fence or well house around each well unit, potable water storage tank, and pressure maintenance facility that remains locked during periods of darkness and when the facility is unattended; and TWC, §5.702 and 30 TAC §290.51(a)(6), by failing to pay annual Public Health Service fees and/or any associated late fees for TCEQ Financial Administration Account Number 91011926; PENALTY: $7,050; STAFF ATTORNEY: Casey Kurnath, Litigation, MC 175, (512) 239-5932; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(2) COMPANY: Manuel Rogelio Estrada dba Estrada's Muffler and Welding; DOCKET NUMBER: 2022-0971-MSW-E; TCEQ ID NUMBER: RN102938024; LOCATION: 4205 Broadway Avenue, Haltom City, Tarrant County; TYPE OF FACILITY: automotive repair shop that is responsible for a spill of used motor oil onto a concrete driveway and surrounding soil; RULE VIOLATED: 30 TAC §327.5(c), by failing to submit written information, describing the details of the discharge or spill and supporting the adequacy of the response action, to the appropriate TCEQ regional manager within 30 working days of the discovery of the reportable discharge or spill; PENALTY: $2,625; STAFF ATTORNEY: Jennifer Peltier, Litigation, MC 175, (512) 239-0544; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-202402364
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: May 28, 2024
Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report, or filing a late report, in reference to the specified filing deadline. If you have any questions, you may contact Dave Guilianelli at (512) 463-5800.
Deadline: Lobby Activities Report due January 10, 2024.
85961 - Karla Martinez, 4003 Verona Cove, Austin, Texas, 78749
82913 - Oberlyn Salinas, 6000 Shepherd Mountain Cove 222, Austin, Texas, 78730
81223 - Tom Stewart, P.O. Box 29154, Austin, Texas, 78755
65029 - Andrea G. Sparks, 2402 Rollingwood Drive, West Lake Hills, Texas, 78746
87648 - Jason C. Sholty, 3949 N. Wilke Road, Arlington Heights, Texas, 60004
83757 - Roy William Bailey, 5956 Sherry Ln., Ste. 800, Dallas, Texas, 75225
85164 - Benjamin Williams, 1301 Lake Park Way, Richardson, Texas, 75080
87343 - Kelbi R. Culwell, 3700 Bay Area Blvd. MC: HB4-22, Houston, Texas, 77058
83576 - Charles Maley, 12173 North Highway 6, Crawford, Texas, 76638
87951 - Corey Perry, 804 Stain Glass Drive, Desoto, Texas, 75115
87376 - Nicholas J. Raymond, 1401 Lavaca St., Austin, Texas, 78701
87570 - Stephen Simcox, 2121 N Pearl Street, Dallas, Texas, 75201
65172 - Patrick Rhode, 9600 Great Hills Trail, Austin, Texas, 78759
87491 - Ash E. Hall, 2101 W. Anderson Lane, #312, Austin, Texas, 78757
87610 - Gray F. Rutledge, 919 Congress Avenue, Suite 400, Austin, Texas, 78701
70700 - Kelly Lynn Hyten, P.O. Box 15252, Austin, Texas, 78761
52910 - Cyrus B.H. Reed, 6404 N IH-350, Austin, Texas, 78752
68463 - Stacey Steinbach, 4401 West Gate, Austin, Texas, 78745
67308 - Mireya Zapata, P.O. Box 41088, Austin, Texas, 78704
60032 - Wendy R. Wilson, 508 W. 14th Street, Austin, Texas, 78701
86001 - Richard J. Ybarra, 3401 Padre Blvd, Suite A, South Padre Island, Texas, 78597
70582 - Geromino M. Rodriguez, Jr., 1345 Philomena Street, Austin, Texas, 78723
24922 - Karen Kenney Reagan, 1122 Colorado, Austin, Texas, 78701
70848 - Brandon Peck, 1401 K Street NW, Washington, DC, 20005
80378 - Joshua David Massingill, 13809 Research Blvd. Ste. 425, Austin, Texas, 78750
70441 - Carrie Simmons, 1122 Colorado St, Austin, Texas, 78701
84838 - Josh Leftwich, P.O. Box 459, Round Rock, Texas, 78680
70656 - Taylor Calvin, 1390 Enclave Parkway, Houston, Texas, 77077
33614 - Bill Jones, 111 Congress Avenue, Austin, Texas, 78701
82484 - Shannon Ghangurde, 3403 Windsor Road, Austin, Texas, 78703
51002 - Anthony Haley, 1212 Guadalupe, Austin, Texas, 78701
83538 - Kimberly C. Avila Edwards, M.D., 4900 Mueller Blvd., Austin, Texas, 78723
87595 - Sarah R. McQuilkin, 1501 Wolfberry Lane, Northlake, Texas, 76226
42973 - Joel Romo, 2720 Bluebonnet Boulevard, Brenham, Texas, 77833
81306 - Richard David Yeates, 1836 Pebble Brook, New Braunfels, Texas, 78130
81098 - Ross Peavey, Box 127150, Austin, Texas, 78711
10053 - George S. Christian, 400 W 15th St Ste 1400, Austin, Texas, 78701
83284 - Daniel John Chepkauskas, 525 North Country Club Road, Muskogee, Texas, 74403
22002 - Hank Clements, III, 5907 Hillcrest Avenue, Unit E, Dallas, Texas, 75205
87455 - Andrew R. Hairston, 1609 Shoal Creek Blvd., Suite 201, Austin, Texas, 78701
70672 - Lorena I. Campos, 1005 Congress Avenue, Austin, Texas, 78701
87516 - Darien B. Flowers, 760 Market Street, 8th Floor, San Francisco, California, 94102
87269 - Lisley Canales, P.O. Box 685137, Austin, Texas, 78768
80802 - Tara Artho, 1701 River Run, Ste. 802, Fort Worth, Texas, 76107
81424 - Ryan Ambrose, 909 Frostwood, Ste. 3:506, Houston, Texas, 77024
11947 - Benjamin W. Sebree, 111 Congress Avenue, Austin, Texas, 78701
69157 - Aidan Alvarado, 113 Michoacan Lp, Laredo, Texas, 78045
86940 - Matthew C. Posey, 4500 Steiner Ranch Blvd #1920, Austin, Texas, 78732
53923 - Steven C. Ray, P.O. Box 742, Corpus Christi, Texas, 78403
59190 - Kelly McBeth, P.O. Box 5100, Austin, Texas, 78763
83061 - Amber Burton, 3693 Southwest Pkwy, Houston, Texas, 77027
83158 - Elizabeth Lorenz, 200 E. Basse Rd., Ste. 201, San Antonio, Texas, 78209
86044 - Curtis D. Hills, 12820 Greenwood Forest Dr. #1421, Houston, Texas, 77066
86867 - Willam Harry Hartfield, 2550 Pacific Ave. Fl. 140, Dallas, Texas, 75226
84635 - Kyle DeLeon, 1510 Frontier Valley Dr, Austin, Texas, 78741
87275 - Arturo I. Martinez De Vara, P.O. Box 377, Von Ormy, Texas, 78073
87400 - Akanksha A. Balekai, 1709 Lawrence Street, Bldg. 4, Austin, Texas, 78741
85209 - Lauren E. Johnson, P.O. Box 12905, Austin, Texas, 78701
86748 - Hilary J. Shine, 2315 Marlandwood Dr., Temple, Texas, 76502
85577 - Kristopher D. Henny, 1122 Colorado St. Ste.102, Austin, Texas, 78701
83305 - Thomas Wolfe, P.O. Box 2659, Austin, Texas, 78681
85414 - Shekira C. Dennis, 2368A Rice Blvd. #197, Houston, Texas, 77005
Deadline: Lobby Activities Report due February 12, 2024
85974 - Chase A. Fruge, 1106 Lavaca Street, Austin, Texas, 78701
85214 - Nicholas Allen Tuccio, 7917 Comfort Cove, Austin, Texas, 78731
87267 - Jaclyn J. Uresti, P.O. Box 13506, Capitol Station, Austin, Texas, 78711
56280 - Craig Preston Chick, 823 Congress Avenue, Austin, Texas, 78701
86457 - Tanya A. Makany-Rivera, 6500 W. Loop S. Ste. 5100, Bellaire, Texas, 77401
86867 - Willam Harry Hartfield, 2550 Pacific Ave. Fl. 140, Dallas, Texas, 75226
65427 - Jerry Philips, P.O. Box 13506, Capitol Station, Austin, Texas, 78711
Deadline: Lobby Activities Report due March 11, 2024
84882 - Jarrett N. Hill, 600 W. 12th St., Austin, Texas, 78701
66348 - William Ryan Brannan, 2201 Point Bluff Dr., Austin, Texas, 78746
65389 - Laurie Vanhoose, 2317 Amur Drive, Austin, Texas, 78745
87462 - Elizabeth Lee Crownover, 1122 Colorado Street, #2323, Austin, Texas, 78701
56279 - Mary L. Tipps, 919 Congress, Austin, Texas, 78701
32068 - Chris D. Macomb, 1115 San Jacinto, Ste. 275, Austin, Texas, 78701
68604 - Melissa R. Hamilton, 919 Congress Avenue, Suite 750, Austin, Texas, 78701
86867 - Willam Harry Hartfield, 2550 Pacific Ave. Fl. 140, Dallas, Texas, 75226
88489 - Jay P. Brown, 1122 Colorado, Austin, Texas, 78701
88489 - Victoria C. Welborn, 208 W 14th Street, Austin, Texas, 78701
87283 - Emily W. Taylor, 17225 El Camino Real, Ste. 310, Houston, Texas, 77058
87117 - Glenna Bruun, P.O. Box 6429, Austin, Texas, 78762
56925 - Adam Goldman, 316 W 12th St., Austin, Texas, 78701
TRD-202402355
Aidan Shaughnessy
Program Supervisor
Texas Ethics Commission
Filed: May 24, 2024
Public Notice - MDCP PIT/Factor C
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 Medically Dependent Children Program (MDCP). HHSC administers the MDCP waiver under the authority of Section 1915(c) of the Social Security Act. The proposed effective date for this amendment is August 31, 2024. This amendment proposes to make the following changes:
Appendix B
HHSC updated waiver year (WY) 2 through 5 to reflect an increase in the Point-in-Time (PIT) and unduplicated participants (Factor C).
Appendix J
HHSC revised the unduplicated number of participants (Factor C) and PIT calculations for the overall projected cost of waiver services (Factor D) and the overall projected cost of other Medicaid services furnished to waiver participants (D Prime (D')) for WY 2 through 5. HHSC also updated the estimated annual average per capita Medicaid cost for the comparison population (nursing facility), that would be incurred for individuals served in the waiver, were the waiver not granted (Factor G) and the estimated annual average per capita Medicaid costs for all services other than those included in Factor G for individuals served in the waiver, were the waiver not granted (Factor G') projections, since there was a change in the average length of stay as a result of the updated Factor C and PIT calculations.
The MDCP waiver provides home and community-based services to medically fragile individuals from birth through age 20 who, without the waiver program, would require institutionalization in a nursing facility. Services in the MDCP waiver include respite, adaptive aids, minor home modifications, employment assistance, supported employment, financial management services, transition assistance services, and flexible family support services. Texas uses the MDCP waiver to provide services to Texans in the least restrictive environment possible. These environments include the individual's or a family member's home, or a Child Protective Services foster care home which can meet the individual's complex medical needs.
To obtain a free copy of the proposed waiver amendment, ask questions, or obtain additional information, about the amendment, please contact Julyya Alvarez by U.S. mail, telephone, or email at the addresses and numbers below. A copy of the proposed waiver amendment request may also be obtained online on the HHSC website at:
https://www.hhs.texas.gov/laws-regulations/policies-rules/waivers.
The HHSC Access and Eligibility Services for local benefit offices will post this notice for 30 days and will have copies of the proposed changes available for review.
Address:
U.S. Mail
Texas Health and Human Services Commission
Attention: Julyya Alvarez, Waiver Coordinator, Federal Coordination, Rules and Committees
701 West 51st Street, Mail Code H-310
Austin, Texas 78751
Telephone
(512) 438-4321
TX_Medicaid_Waivers@hhs.texas.gov
TRD-202402390
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Filed: May 29, 2024
The Texas Health and Human Services Commission (HHSC) announces its intent to submit transmittal number 24-0003 to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.
The purpose of this amendment is to is to implement legislative changes as directed by House Bill 2727, 88th Legislature, Regular Session, 2023. The bill directs HHSC to add Federally Qualified Health Centers (FQHCs) and Rural Health Clinics (RHCs) as providers of home telemonitoring services; clarify that the term "home telemonitoring services" is synonymous with "remote patient monitoring;" and require home telemonitoring providers to establish a plan of care with outcome measures for each patient and to share the plan and outcome measures with the patient’s physician. The proposed amendment is effective September 1, 2024.
A corresponding amendment will also update the reimbursement methodology and/or the fee schedules in the current state plan by adjusting fees, rates, or charges for these services. The public notice of intent to submit a state plan amendment for the rates and updates to the fee schedules will be published in a future issue of the Texas Register.
To obtain copies of the proposed amendment, interested parties may contact Nicole Hotchkiss, State Plan Coordinator, by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, Texas 78711; by telephone at (512) 438-5035; or by email at Medicaid_Chip_SPA_Inquiries@hhsc.state.tx.us.
The Access and Eligibility Services for local benefit offices will post and have copies of the amendment available for review.
TRD-202402348
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Filed: May 24, 2024
Licensing Actions for Radioactive Materials (.pdf)
TRD-202402310
Cynthia Hernandez
General Counsel
Department of State Health Services
Filed: May 22, 2024
Application to do business in the state of Texas for Cajun Underwriters Reciprocal Exchange, a foreign reciprocal company. The home office is in Metairie, Louisiana.
Application for incorporation in the state of Texas for Amherst National Insurance Company, a domestic fire and/or casualty company. The home office is in Addison, Texas.
Application for incorporation in the state of Texas for Effective Wealth Management, a domestic health maintenance organization (HMO). The home office is in Austin, Texas.
Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of John Carter, 1601 Congress Ave., Suite 6.900, Austin, Texas 78711.
TRD-202402391
Justin Beam
Chief Clerk
Texas Department of Insurance
Filed: May 29, 2024
Scratch Ticket Game Number 2590 "X"
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2590 is "X". The play style is "key number match".
1.1 Price of Scratch Ticket Game.
A. The price for Scratch Ticket Game No. 2590 shall be $50.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2590.
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, 03, 04, 06, 07, 08, 09, 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, STACK OF CASH SYMBOL, 2X SYMBOL, 5X SYMBOL, 10X SYMBOL, $75.00, $100, $150, $200, $500, $1,000, $20,000 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. 2590 - 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 (2590), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 020 within each Pack. The format will be: 2590-0000001-001.
H. Pack - A Pack of the "X" Scratch Ticket Game contains 020 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 001 and 020 will both be exposed.
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 "X" Scratch Ticket Game No. 2590.
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 "X" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose seventy-six (76) Play Symbols. If a player matches any of the YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If the player reveals a "STACK OF CASH" Play Symbol, the player wins the prize for that symbol instantly. If the player reveals a "2X" Play Symbol, the player wins DOUBLE the prize for that symbol. If the 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. 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-six (76) 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-six (76) 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-six (76) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the seventy-six (76) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines.
B. The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.
B. A Ticket can win as indicated by the prize structure.
C. A Ticket can win up to thirty-five (35) times.
D. On Winning and Non-Winning Tickets, the top cash prizes of $1,000, $20,000 and $1,000,000 will each appear at least once, except on Tickets winning thirty-five (35) times and with respect to other parameters, play action or prize structure.
E. There will be no matching non-winning YOUR NUMBERS Play Symbols on a Ticket.
F. There will be no non-winning Prize Symbols that match a winning Prize Symbol on a Ticket.
G. Tickets winning more than one (1) time will use as many WINNING NUMBERS Play Symbols as possible to create matches, unless restricted by other parameters, play action or prize structure.
H. There will be no matching WINNING NUMBERS Play Symbols on a Ticket.
I. On all Tickets, a Prize Symbol will not appear more than six (6) times, except as required by the prize structure to create multiple wins.
J. On Non-Winning Tickets, a WINNING NUMBERS Play Symbol will never match a YOUR NUMBERS Play Symbol.
K. The "STACK OF CASH" (WIN$) Play Symbol will never appear on the same Ticket as the "2X" (DBL), "5X" (WINX5) or "10X" (WINX10) Play Symbols.
L. The "STACK OF CASH" (WIN$) Play Symbol will win the prize for that Play Symbol.
M. The "STACK OF CASH" (WIN$) Play Symbol will never appear more than one (1) time on a Ticket.
N. The "STACK OF CASH" (WIN$) Play Symbol will never appear on a Non-Winning Ticket.
O. The "STACK OF CASH" (WIN$) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.
P. The "2X" (DBL) Play Symbol will never appear more than one (1) time on a Ticket.
Q. The "2X" (DBL) Play Symbol will win DOUBLE the prize for that Play Symbol and will win as per the prize structure.
R. The "2X" (DBL) Play Symbol will never appear on a Non-Winning Ticket.
S. The "2X" (DBL) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.
T. The "5X" (WINX5) Play Symbol will never appear more than one (1) time on a Ticket.
U. The "5X" (WINX5) Play Symbol will win 5 TIMES the prize for that Play Symbol and will win as per the prize structure.
V. The "5X" (WINX5) Play Symbol will never appear on a Non-Winning Ticket.
W. The "5X" (WINX5) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.
X. The "10X" (WINX10) Play Symbol will never appear more than one (1) time on a Ticket.
Y. The "10X" (WINX10) Play Symbol will win 10 TIMES the prize for that Play Symbol and will win as per the prize structure.
Z. The "10X" (WINX10) Play Symbol will never appear on a Non-Winning Ticket.
AA. The "10X" (WINX10) Play Symbol will never appear as a WINNING NUMBERS Play Symbol.
BB. The "2X" (DBL), "5X" (WINX5) and "10X" (WINX10) Play Symbols can appear on the same winning Ticket, as per the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim an "X" Scratch Ticket Game prize of $75.00, $100, $150, $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 $75.00, $100, $150, $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 an "X" Scratch Ticket Game prize of $1,000, $5,000, $20,000 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 an "X" 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 "X" 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 "X" 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. 2590. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2590 - 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. 2590 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. 2590, 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-202402381
Bob Biard
General Counsel
Texas Lottery Commission
Filed: May 29, 2024
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2599 is "COLOSSAL CASHWORD". The play style is "crossword".
1.1 Price of Scratch Ticket Game.
A. The price for Scratch Ticket Game No. 2599 shall be $50.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2599.
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: A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z, BLACKENED SQUARE SYMBOL, $50.00, $100, $150, $200, $500 and $2,000.
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. Crossword and Bingo style games do not typically have Play Symbol captions. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 2599 - 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 (2599), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 020 within each Pack. The format will be: 2599-0000001-001.
H. Pack - A Pack of the "COLOSSAL CASHWORD" Scratch Ticket Game contains 020 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 001 and 020 will both be exposed.
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 "COLOSSAL CASHWORD" Scratch Ticket Game No. 2599.
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 "COLOSSAL CASHWORD" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose the Play Symbols as indicated per the game instructions from the total five hundred fourteen (514) Play Symbols. GAME 1 AND GAME 2 PLAY INSTRUCTIONS: 1. The player completely scratches all of the GAME 1 YOUR 20 LETTERS on the front of the Ticket. Then the player scratches all the letters found in GAME 1 that exactly match the GAME 1 YOUR 20 LETTERS. 2. The player completely scratches all of the GAME 2 YOUR 20 LETTERS on the back of the Ticket. Then the player scratches all the letters found in GAME 2 that exactly match the GAME 2 YOUR 20 LETTERS. 3. If the player has scratched at least 2 complete WORDS within a GAME, the player wins the prize found in the GAME 1 AND GAME 2 PRIZE LEGEND. WORDS revealed in one GAME cannot be combined with WORDS revealed in the other GAME. Each GAME is played separately. 4. Only 1 prize paid per GAME. 5. Only letters within GAME 1 that are matched with the GAME 1 YOUR 20 LETTERS can be used to form a complete WORD. Only letters within GAME 2 that are matched with the GAME 2 YOUR 20 LETTERS can be used to form a complete WORD. 6. In GAME 1, every lettered square within an unbroken horizontal (left to right) or vertical (top to bottom) sequence must be matched with the GAME 1 YOUR 20 LETTERS to be considered a complete WORD. In GAME 2, every lettered square within an unbroken horizontal (left to right) or vertical (top to bottom) sequence must be matched with the GAME 2 YOUR 20 LETTERS to be considered a complete WORD. Words revealed in a diagonal sequence are not considered valid WORDS. Words within WORDS are not eligible for a prize. Words that are spelled from right to left or bottom to top are not eligible for a prize. 7. A complete WORD must contain at least 3 letters. 8. GAME 1 can win by revealing 2 to 10 complete WORDS. GAME 2 can win by revealing 2 to 7 complete WORDS. BONUS WORDS PLAY INSTRUCTIONS: The player scratches all the letters in BONUS WORD 1 - BONUS WORD 4 that exactly match the GAME 1 YOUR 20 LETTERS on the front of the Ticket. If the player scratched a complete BONUS WORD, the player wins the PRIZE for that BONUS WORD. A completed BONUS WORD cannot be used to win in GAME 1 or GAME 2. GAME 1, GAME 2 and each BONUS WORD are played separately. 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 five hundred fourteen (514) 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. Crossword and Bingo style games do not typically 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 five hundred fourteen (514) 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 five hundred fourteen (514) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the five hundred fourteen (514) 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: GAME 1, GAME 2 and each BONUS WORD are played separately.
D. GENERAL: The BONUS WORDS are only associated with the GAME 1 YOUR 20 LETTERS.
E. GENERAL: Each Ticket in a Pack will be different (i.e., GAME 1 puzzle grid and the GAME 2 puzzle grid will have a different set of words and configurations of words).
F. GENERAL: There will be no matching words on a Ticket.
G. GENERAL: There will be no correlation between any exposed data on a Ticket and its status as a winning or Non-Winning Ticket.
H. GENERAL: Each Ticket consists of a GAME 1 puzzle grid, a GAME 1 YOUR 20 LETTERS play area, four (4) BONUS WORD play areas (each with a BONUS WORDS PRIZE play area), a GAME 2 puzzle grid and a GAME 2 YOUR 20 LETTERS play area.
I. GENERAL: A Ticket can win one (1) time in each BONUS WORD play area and one (1) time in each GAME 1 and GAME 2 puzzle grid for a total of up to six (6) times as per the prize structure.
J. GENERAL: Each of the four (4) BONUS WORDS will contain exactly six (6) letters and will not match any word in the GAME 1 or GAME 2 puzzle grids.
K. GENERAL: The BONUS WORDS Prize Symbols will only appear in the BONUS WORDS PRIZE play area and will never appear in any of the BONUS WORDS play areas, the GAME 1 or GAME 2 puzzle grids, the GAME 1 YOUR 20 LETTERS or the GAME 2 YOUR 20 LETTERS play areas.
L. GENERAL: All WORDS in GAME 1 and GAME 2 puzzle grids will contain a minimum of three (3) letters and a maximum of nine (9) letters.
M. GENERAL: All words used will be from TX_Approved_Words_Vers.2.042321.doc.
N. GENERAL: Words from TX_Prohibited_Words_Vers.2.042321.docx will not appear horizontally in the GAME 1 YOUR 20 LETTERS or GAME 2 YOUR 20 LETTERS play areas when read from left to right or right to left.
O. GENERAL: Each grid will have a maximum number of different grid formations with respect to other constraints. That is, for identically formatted grids (i.e., the same puzzle grid), all "approved words" will appear in every logical (i.e., 3 letter word = 3 letter pace) position, with regards to limitations caused by the actual letters contained in each word (i.e., this will not place the word "ZOO" in a position that causes an intersection word to require the second letter to be "Z" when in fact, there are no approved words with a "Z" in the second letter position).
P. GENERAL: The presence or absence of any letter in the GAME 1 YOUR 20 LETTERS play area or the GAME 2 YOUR 20 LETTERS play area will not be indicative of a winning or Non-Winning Ticket.
Q. GENERAL: There will be no wins in GAME 2 on the Ticket back, unless there is at least one (1) win in GAME 1 or BONUS WORD 1- BONUS WORD 4 on Ticket front.
R. GENERAL: Consecutive Tickets in a Pack will not have the same four (4) BONUS WORDS. For example, if the first Ticket contains "EQUITY," "GYPSUM," "MERLIN," and "JUNIOR" as BONUS WORDS, then the next Ticket will not contain "EQUITY," "GYPSUM," "MERLIN," and "JUNIOR" as BONUS WORDS.
S. GAME 1: The GAME 1 puzzle grid will be formatted with at least one thousand (1,000) configurations (i.e., puzzle layouts not including words).
T. GAME 1: All GAME 1 puzzle grid configurations will be formatted within a grid that contains twenty-five (25) spaces (height) by thirteen (13) spaces (width).
U. GAME 1: There will be no matching Play Symbols in the GAME 1 YOUR 20 LETTERS play area.
V. GAME 1: Each GAME 1 puzzle grid will contain the following:
a) Twelve (12) 3 - letter words
b) Fifteen (15) 4 - letter words
c) Eight (8) 5 - letter words
d) Eight (8) 6 - letter words
e) Two (2) 7 - letter words
f) Three (3) 8 - letter words
g) Two (2) 9 - letter words
W. GAME 1: There will be a minimum of three (3) vowels in the GAME 1 YOUR 20 LETTERS play area. Vowels are A, E, I, O and U.
X. GAME 1: No consonant will appear more than thirty (30) times in the GAME 1 puzzle grid.
Y. GAME 1: On Non-Winning Tickets, there will be one (1) completed word in the GAME 1 puzzle grid.
Z. GAME 1: At least fifteen (15) of the GAME 1 YOUR 20 LETTERS Play Symbols will open at least one (1) letter in the GAME 1 puzzle grid.
AA. GAME 1: The GAME 1 puzzle grid will not have more than ten (10) words completed.
BB. GAME 1: A player will never find a word horizontally (in either direction), vertically (in either direction) or diagonally (in either direction) in the GAME 1 YOUR 20 LETTERS play area that matches a word in the GAME 1 puzzle grid or BONUS WORDS.
CC. BONUS WORDS: Each BONUS WORD will have at least two (2) letter play spots opened by the GAME 1 YOUR 20 LETTERS.
DD. BONUS WORDS: Non-winning BONUS WORDS Prize Symbols will be different and will not match a winning Prize Symbol.
EE. BONUS WORDS: The BONUS WORDS can be completed and won, as indicated by the prize structure.
FF. BONUS WORDS: On winning Tickets when only one (1) or more of the BONUS WORDS are completed, one (1) completed word will be revealed in the non-winning GAME 1 puzzle grid.
GG. BONUS WORDS: The four (4) BONUS WORDS on a Ticket will be different.
HH. GAME 2: The GAME 2 puzzle grid will be formatted with at least one thousand (1,000) configurations (i.e., puzzle layouts not including words).
II. GAME 2: All GAME 2 puzzle grid configurations will be formatted within a grid that contains eleven (11) spaces (height) by eleven (11) spaces (width).
JJ. GAME 2: There will be no matching Play Symbols in the GAME 2 YOUR 20 LETTERS play area.
KK. GAME 2: Each GAME 2 puzzle grid will contain the following:
a) Four (4) 3 - letter words
b) Five (5) 4 - letter words
c) Three (3) 5 - letter words
d) Three (3) 6 - letter words
e) One (1) 7 - letter word
f) Two (2) 8 - letter words
g) One (1) 9 - letter word
LL. GAME 2: There will be a minimum of three (3) vowels in the GAME 2 YOUR 20 LETTERS play area. Vowels are A, E, I, O and U.
MM. GAME 2: No consonant will appear more than nine (9) times in the GAME 2 puzzle grid.
NN. GAME 2: On Non-Winning Tickets, there will be one (1) completed word in the GAME 2 puzzle grid.
OO. GAME 2: At least fifteen (15) of the GAME 2 YOUR 20 LETTERS Play Symbols will open at least one (1) letter in the GAME 2 puzzle grid.
PP. GAME 2: The GAME 2 puzzle grid will not have more than seven (7) words completed.
QQ. GAME 2: A player will never find a word horizontally (in either direction), vertically (in either direction) or diagonally (in either direction) in the GAME 2 YOUR 20 LETTERS play area that matches a word in the GAME 2 puzzle grid.
2.3 Procedure for Claiming Prizes.
A. To claim a "COLOSSAL CASHWORD" Scratch Ticket Game prize of $50.00, $100, $150, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100, $150, $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 "COLOSSAL CASHWORD" Scratch Ticket Game prize of $2,000, $5,000 or $50,000, 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 "COLOSSAL CASHWORD" 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 "COLOSSAL CASHWORD" 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 "COLOSSAL CASHWORD" 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 "COLOSSAL CASHWORD" 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 4,080,000 Scratch Tickets in Scratch Ticket Game No. 2599. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2599 - 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. 2599 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. 2599, 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-202402382
Bob Biard
General Counsel
Texas Lottery Commission
Filed: May 29, 2024