Texas State Affordable Housing Corporation
Public Comment Needed: 2025 Texas Foundations Fund
The 2025 Texas Foundations Fund Draft Guidelines are now available for public comment. A copy of the 2025 Texas Foundations Fund Draft Guidelines may be found on the Corporation's website at www.tsahc.org. Please submit public comment via email to Anna Orendain at aorendain@tsahc.org with the subject line '2025 Texas Foundations Fund Public Comment'. Public comment must be submitted for consideration by January 3, 2025, at 5:00 p.m.
TRD-202405616
David Long
President
Texas State Affordable Housing Corporation
Filed: November 19, 2024
Certification of the Average Closing Price of Gas and Oil - October 2024
The Comptroller of Public Accounts, administering agency for the collection of the Oil Production Tax, has determined, as required by Tax Code, §202.058, that the average taxable price of oil for reporting period October 2024 is $46.61 per barrel for the three-month period beginning on July 1, 2024, and ending September 30, 2024. Therefore, pursuant to Tax Code, §202.058, oil produced during the month of October 2024, from a qualified low-producing oil lease, is not eligible for credit on the oil production tax imposed by Tax Code, Chapter 202.
The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined, as required by Tax Code, §201.059, that the average taxable price of gas for reporting period October 2024 is $1.01 per mcf for the three-month period beginning on July 1, 2024, and ending September 30, 2024. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of October 2024, from a qualified low-producing well, is eligible for a 100% credit on the natural gas production tax imposed by Tax Code, Chapter 201.
The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of West Texas Intermediate crude oil for the month of October 2024 is $71.56 per barrel. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall not exclude total revenue received from oil produced during the month of October 2024, from a qualified low-producing oil well.
The Comptroller of Public Accounts, administering agency for the collection of the Franchise Tax, has determined, as required by Tax Code, §171.1011(s), that the average closing price of gas for the month of October 2024 is $2.62 per MMBtu. Therefore, pursuant to Tax Code, §171.1011(r), a taxable entity shall exclude total revenue received from gas produced during the month of October 2024, from a qualified low-producing gas well.
Inquiries should be submitted to Jenny Burleson, Director, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.
This agency hereby certifies that legal counsel has reviewed this notice and found it to be within the agency's authority to publish.
TRD-202405609
Jenny Burleson
Director, Tax Policy
Comptroller of Public Accounts
Filed: November 19, 2024
The Office of the Comptroller of Public Accounts received requests by interested parties to hold a public hearing pursuant to Government Code, §2001.029(b)(2) on proposed §3.330 found in Texas Administrative Code, Title 34, Part 1, Chapter 3, Subchapter O. The proposed section was published in the September 13, 2024, issue of the Texas Register.
The comptroller will hold a hearing to take public comments, on Friday, December 6, 2024, at 9:00 a.m. in Room 4.300 of the George H.W. Bush Building, 1801 Congress Ave, Austin, Texas 78701. Interested persons must register to testify between 8:30 - 9:00 a.m., and testimony will be heard on a first come first serve basis beginning at 9:00 a.m. All persons will have 10 minutes to present their testimony and shall also provide their testimony in writing prior to their oral testimony. We will conclude the hearing immediately following the last registered person's testimony.
The purpose of this hearing is to receive comments from interested persons, pursuant to Government Code, §2001.029.
Questions concerning the hearing or this notice should be referred to Jenny Burleson, Director, Tax Policy Division. Phone Number: (512) 475-0323. E-mail address: tp.rule.comments@cpa.texas.gov.
TRD-202405597
Jenny Burleson
Director, Tax Policy
Comptroller of Public Accounts
Filed: November 18, 2024
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003, §303.009, and §304.003 Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 11/25/24 - 12/01/24 is 18.00% for consumer1 credit.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 11/25/24 - 12/01/24 is 18.00% for commercial2 credit.
The postjudgment interest rate as prescribed by §304.003 for the period of 12/01/24 - 12/31/24 is 7.75%.
1 Credit for personal, family, or household use.
2 Credit for business, commercial, investment, or other similar purpose.
TRD-202405630
Leslie L. Pettijohn
Consumer Credit Commissioner
Office of Consumer Credit Commissioner
Filed: November 20, 2024
Application to Expand Field of Membership
Notice is given that the following applications have been filed with the Credit Union Department (Department) and are under consideration.
An application was received from Community Resource Credit Union #1, Baytown, Texas, to expand its field of membership. The proposal would permit persons who work, resides, worship or attend school, and businesses located within the boundaries of Harris County, Texas, to be eligible for membership in the credit union.
An application was received from Community Resource Credit Union #2, Baytown, Texas, to expand its field of membership. The proposal would permit members of Cornerstone Credit Union Foundation to be eligible for membership in the credit union.
An application was received from Lone Star Credit Union #1, Dallas, Texas, to expand its field of membership. The proposal would permit persons who work, resides, worship or attend school, and businesses located within the boundaries of Collin County, Texas, to be eligible for membership in the credit union.
An application was received from Lone Star Credit Union #2, Dallas, Texas, to expand its field of membership. The proposal would permit persons who work, resides, worship or attend school, and businesses located within the boundaries of Ellis County, Texas, to be eligible for membership in the credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.cud.texas.gov/page/bylaw-charter-applications. Any written comments must provide all the information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-202405649
Michael S. Riepen
Commissioner
Credit Union Department
Filed: November 20, 2024
In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following applications:
Field of Membership - Approved
Firstmark CU (San Antonio) - See Texas Register dated on August 30, 2024.
Community Resources CU #1 (Baytown) - See Texas Register dated on September 27, 2024.
Community Resources CU #2 (Baytown) - See Texas Register dated on September 27, 2024.
Merger or Consolidation - Approved
First Service Credit Union (Houston) and SPCO Credit Union (Houston) - See Texas Register dated on May 24, 2024.
Neighborhood Credit Union (Dallas) and RelyOn Credit Union (Kaufman) - See Texas Register dated on June 28, 2024.
TRD-202405629
Michael S. Riepen
Commissioner
Credit Union Department
Filed: November 20, 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 January 3, 2025. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on January 3, 2025. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission's enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on the AOs shall be submitted to the commission in writing.
(1) COMPANY: Afton Chemical Corporation; DOCKET NUMBER: 2022-1013-AIR-E; IDENTIFIER: RN101613230; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: lube and fuel additives manufacturing plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), New Source Review Permit Number 18161, Special Conditions Number 1, Federal Operating Permit Number O1460, General Terms and Conditions and Special Terms and Conditions Number 13, and Texas Health and Safety Code, §382.085(b), by failing to comply with the maximum allowable emissions rate; PENALTY: $66,000; ENFORCEMENT COORDINATOR: Desmond Martin, (512) 239-2814; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(2) COMPANY: Alliance Community Fellowship; DOCKET NUMBER: 2024-0412-PWS-E; IDENTIFIER: RN111473393; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.43(c), by failing to ensure that all potable water storage facilities are covered and designed, fabricated, erected, tested, and disinfected in strict accordance with current American Water Works Association standards; 30 TAC §290.43(c)(4), by failing to provide all ground storage tanks with a liquid level indicator; 30 TAC §290.45(d)(2)(B)(ii) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide a ground storage capacity equal to 50% of the maximum daily demand; and 30 TAC §290.45(d)(2)(B)(v) and THSC, §341.0315(c), by failing to provide a minimum pressure tank capacity of 220 gallons with additional capacity, if necessary, based on a sanitary survey conducted by the Executive Director; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Tessa Bond, (512) 239-1269; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(3) COMPANY: Alphonsa Enterprise, LLC dba King Food Store; DOCKET NUMBER: 2023-0818-PST-E; IDENTIFIER: RN102282902; LOCATION: Hidalgo, Hidalgo County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b)(2), by failing to assure that all underground storage tank (UST) recordkeeping requirements are met; 30 TAC §334.48(e)(1) and §334.50(b)(1)(A), (d)(1)(B)(ii), and (9)(A)(iii) and TWC, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records at least once every 30 days in a manner sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through for the 30-day period plus 130 gallons, and failing to monitor the UST in a manner which will detect a release at a frequency of at least once every 30 days by taking appropriate steps to ensure that a statistical inventory reconciliation (SIR) analysis report is received from the vendor in no more than 15 calendar days following the last day of the 30-day period for which the SIR analysis is performed, and additionally, failing to conduct a test of the proper operation of the release detection equipment at least annually; 30 TAC §334.48(g)(1)(A)(ii), (B), and (h)(1)(A) and (B), and TWC, §26.3475(c)(1) and (2), by failing to test the spill prevention equipment at least once every three years to ensure the equipment is liquid tight, and failing to inspect the overfill prevention equipment at least once every three years to ensure that the equipment is set to activate at the correct level and will activate when a regulated substance reaches that level, furthermore, failing to conduct walkthrough inspections of the spill prevention and release detection equipment at least once every 30 days, and also, failing to conduct the annual walkthrough inspection of the containment sumps and submersible turbine pumps and under dispenser areas that do not have containment sumps; and 30 TAC §334.606, by failing to maintain required operator training certification records and make them available for inspection upon request by agency personnel; PENALTY: $5,454; ENFORCEMENT COORDINATOR: Eresha DeSilva, (512) 239-5084; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(4) COMPANY: Aqua Development, Incorporated; DOCKET NUMBER: 2023-1055-PWS-E; IDENTIFIER: RN102678554; LOCATION: Newark, Wise 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 a pressure tank capacity of 20 gallons per connection; PENALTY: $780; ENFORCEMENT COORDINATOR: Tessa Bond, (512) 239-1269; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(5) COMPANY: BEARCAT GP, LLC; DOCKET NUMBER: 2024-0403-PWS-E; IDENTIFIER: RN111853503; LOCATION: Aledo, Parker County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(d)(2)(A) and §290.110(b)(4) and Texas Health and Safety Code, §341.0315(c), by failing to maintain a disinfectant residual of at least 0.2 milligrams per liter of free chlorine throughout the distribution system at all times; 30 TAC §290.46(e)(4)(A), by failing to operate the facility under the direct supervision of a water works operator who holds an applicable, valid Class D or higher license issued by the Executive Director; 30 TAC §290.46(n)(1), by failing to maintain at the public water system accurate and up-to-date detailed as-built plans or record drawings and specifications for each treatment plant, pump station, and storage tank until the facility is decommissioned; and 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: $13,057; ENFORCEMENT COORDINATOR: Taner Hengst, (512) 239-1143; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(6) COMPANY: BRYSON DEVELOPMENT LLC; DOCKET NUMBER: 2023-0150-EAQ-E; IDENTIFIER: RN111585006; LOCATION: Leander, Williamson County; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §213.23(a)(1), by failing to obtain approval of an approved Edwards Aquifer Protection Plan prior to commencing a regulated activity over the Edwards Aquifer Contributing Zone; PENALTY: $1,625; ENFORCEMENT COORDINATOR: Nick Lohret-Froio, (512) 239-4495; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(7) COMPANY: CAL'S CONVENIENCE, INCORPORATED; DOCKET NUMBER: 2024-0260-PST-E; IDENTIFIER: RN101875375; LOCATION: Sterling City, Sterling County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c) and §334.50(b)(1) and (2)(A), (B)(iii), and (d)(1) and TWC, §26.3475(a) and (c)(1), by failing to monitor the underground storage tanks (USTs) installed prior to January 1, 2009 in a manner which will detect a release at a frequency of at least once every 30 days, and failing to monitor the USTs and associated pressurized piping installed on or after January 1, 2009 in a manner which will detect a release at a frequency of at least once every 30 days by using interstitial monitoring, and additionally, failing to conduct effective manual or automatic inventory control procedures for the USTs at the facility; PENALTY: $8,263; ENFORCEMENT COORDINATOR: Adriana Fuentes, (956) 430-6057; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(8) COMPANY: City of Magnolia; DOCKET NUMBER: 2024-0340-PWS-E; IDENTIFIER: RN101390334; LOCATION: Magnolia, Montgomery County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(j)(1)(D) and Texas Health and Safety Code (THSC), §341.0351, by failing to notify the Executive Director prior to making any significant change in the distribution system that involves interconnection with another public water system; 30 TAC §290.45(b)(1)(D)(i) and THSC, §341.0315(c), by failing to provide two or more wells having a total capacity of 0.6 gallons per minute per connection; and 30 TAC §290.46(l), by failing to flush all dead-end mains at monthly intervals; PENALTY: $2,142; ENFORCEMENT COORDINATOR: Tessa Bond, (512) 239-1269; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(9) COMPANY: City of Rotan; DOCKET NUMBER: 2022-1009-MWD-E; IDENTIFIER: RN102177805; LOCATION: Rotan, Fisher County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §30.350(d) and §305.125(1) and TCEQ Permit Number WQ0011256001, Special Provisions Number 2, by failing to employ or contract with one or more licensed wastewater treatment facility operators or wastewater system operations companies holding a valid Class D license or higher; 30 TAC §217.33(a) and §305.125(1) and TCEQ Permit Number WQ0011256001, Monitoring Requirements Number 5, by failing to have the automatic flow measuring device accurately calibrated by a trained person at plant start-up and thereafter not less often than annually; 30 TAC §305.125(1) and §319.5(b) and TCEQ Permit Number WQ0011256001, Effluent Limitations and Monitoring Requirements B, by failing to collect and analyze effluent samples at the intervals specified in the permit; 30 TAC §305.125(1) and (5) and TCEQ Permit Number WQ0011256001, Operational Requirements Number 1, by failing to ensure the facility and all of its systems of collection, treatment, and disposal are properly operated and maintained; and 30 TAC §305.125(1) and (11)(B) and §319.7(a) and (c) and TCEQ Permit Number WQ0011256001, Special Provisions Number 4.d, by failing to maintain adequate irrigation records at the facility and make them readily available for review by a TCEQ representative for a period of three years; PENALTY: $9,563; ENFORCEMENT COORDINATOR: Harley Hobson, (512) 239-1337; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(10) COMPANY: CSWR-Texas Utility Operating Company, LLC; DOCKET NUMBER: 2024-0055-PWS-E; IDENTIFIER: RN102688041; LOCATION: Waxahachie, Ellis County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(q)(1), formerly 290.46(q)(2), by failing to issue a boil water notice to customers of the facility within 24 hours of a water outage event; PENALTY: $2,055; ENFORCEMENT COORDINATOR: Miles Caston, (512) 239-4593; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(11) COMPANY: GenTex Power Corporation; DOCKET NUMBER: 2022-0854-AIR-E; IDENTIFIER: RN100723915; LOCATION: Bastrop, Bastrop County; TYPE OF FACILITY: electrical power plant; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), New Source Review Permit Numbers 41437 and PSDTX941, Special Conditions Number 1, Federal Operating Permit Number O1994, General Terms and Conditions and Special Terms and Conditions Number 6, and Texas Health and Safety Code, §382.085(b), by failing to comply with the maximum allowable emissions rate; PENALTY: $7,050; ENFORCEMENT COORDINATOR: Mackenzie Mehlmann, (512) 239-2572; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(12) COMPANY: Haynie Leadership Group, Incorporated dba A and V Water; DOCKET NUMBER: 2024-0166-PWS-E; IDENTIFIER: RN105819635; LOCATION: Decatur, Wise County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.106(e), by failing to provide the results of nitrate sampling to the Executive Director for the January 1, 2022 - December 31, 2022, monitoring period; and 30 TAC §290.109(c)(3)(C)(i), by failing to conduct a Level 1 Assessment within 30 days after exceeding a Level 1 treatment technique trigger on August 17, 2023; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Savannah Jackson, (512) 239-4306; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(13) COMPANY: INV Nylon Chemicals Americas, LLC; DOCKET NUMBER: 2021-0858-WDW-E; IDENTIFIER: RN102663671; LOCATION: Victoria, Victoria County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §305.125(1) and §331.63(e), 40 Code of Federal Regulations (CFR) §146.67(c), and Underground Injection Control (UIC) Permit Numbers Waste Disposal Well (WDW) 004, 029, 105, 106, and 143, Permit Provision (PP) VII.E. Operating Parameters, by failing to maintain an annulus pressure of at least 100 pounds per square inch gauge greater than the injection tubing pressure to prevent leaks from the well into unauthorized zones; 30 TAC §305.125(1) and §331.63(h), 40 CFR §146.67(c), and UIC Permit Numbers WDW004, 029, 030, 106, and 144, PP V.C. Character of the Waste Streams, by failing to maintain any chemical or physical characteristic of the injected fluids within specified permit limits; 30 TAC §305.125(1) and §331.64(b), 40 CFR §146.68(a), and UIC Permit Number WDW143, PP VII.F. Monitoring and Testing, by failing to sample and analyze injected fluids with a frequency sufficient to yield representative data of their characteristics; 30 TAC §305.125(1) and §331.67(a) and UIC Permit Number WDW029, PP IX. Record Keeping Requirements, by failing to keep complete and accurate records of all monitoring according to permit requirements; and 30 TAC §331.63(g), by failing to test and calibrate quarterly all gauges, pressure sensing, and recording devices; PENALTY: $148,140; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $59,256; ENFORCEMENT COORDINATOR: Stephanie McCurley, (512) 239-2607; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(14) COMPANY: INV Nylon Chemicals Americas, LLC; DOCKET NUMBER: 2023-1019-WDW-E; IDENTIFIER: RN102663671; LOCATION: Victoria, Victoria County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §305.125(1) and §331.64(d), 40 Code of Federal Regulations §146.67(f) and Underground Injection Control Permit Number Waste Disposal Well 029, Permit Provision VIII.A. Monitoring and Testing Requirements, by failing to properly maintain and use continuous recording devices to record the injection flow; PENALTY: $4,235; ENFORCEMENT COORDINATOR: Stephanie McCurley, (512) 239-2607; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(15) COMPANY: INV Nylon Chemicals Americas, LLC f/k/a INVISTA S.a r.l.; DOCKET NUMBER: 2019-1004-MLM-E; IDENTIFIER: RN102663671; LOCATION: Victoria, Victoria County; TYPE OF FACILITY: chemical manufacturing plant and fleet refueling faciity; RULES VIOLATED: 30 TAC §305.125(1) and §331.63(c), 40 Code of Federal Regulations (CFR) §146.67(a), and Underground Injection Control (UIC) Permit Number Waste Disposal Well (WDW) 030, Permit Provision (PP) VII.B Operating Parameters, by failing to maintain an operating wellhead injection pressure that does not exceed the permitted maximum; 30 TAC §305.125(1) and §331.63(e), 40 CFR §146.67(c), and UIC Permit Number WDW004, PP VII.E. Operating Parameters, by failing to maintain an annulus pressure of at least 100 pounds per square inch gauge greater than the injection tubing pressure to prevent leaks from the well into unauthorized zones; 30 TAC §305.125(1) and §331.63(h) and UIC Permit Numbers WDW004, 028, 030, 105, 106, 142, 143, and 144, PP V.C. Character of the Waste Streams, by failing to maintain any chemical or physical characteristic of the injected fluids within specified permit limits; 30 TAC §305.125(1) and §331.64(d), 40 CFR §146.67(f) and UIC Permit Numbers WDW004 and 144, PP VIII.A. Monitoring and Testing Requirements, by failing to properly maintain and use continuous recording devices to record the injection pressure at WDW004 and 144; 30 TAC §305.125(1) and §331.64(g)(2) and UIC Permit Number WDW143, PP VIII.H Monitoring and Testing Requirements, by failing to ensure the corrosion monitoring test used materials identical to those used in the construction of the well, and that those materials are continuously exposed to the operating pressures and temperatures and flow rates of the injection operation; 30 TAC §305.125(1) and §331.67(a) and UIC Permit Numbers WDW004, 030, 106, and 144, PP IX. RecordKeeping Requirements, by failing to keep complete and accurate records of all monitoring according to permit requirements; and 30 TAC §334.50(b)(2) and TWC, §26.3475(a), by failing to provide release detection for the pressurized piping associated with the underground storage tank system; PENALTY: $131,168; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $52,468; ENFORCEMENT COORDINATOR: Stephanie McCurley, (512) 239-2607; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(16) COMPANY: Maple Energy Holdings, LLC; DOCKET NUMBER: 2022-0973-AIR-E; IDENTIFIER: RN111527826; LOCATION: Pecos, Reeves County; TYPE OF FACILITY: oil and gas production plant; RULES VIOLATED: 30 TAC §106.4(c) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain all emissions control equipment in good condition and operated properly during operation of the facility; and 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b)., by failing to obtain authorization prior to constructing or modifying a source of air contaminants; PENALTY: $14,250; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(17) COMPANY: Nationwide Tank and Pipe LLC; DOCKET NUMBER: 2022-0767-AIR-E; IDENTIFIER: RN105155436; LOCATION: New Braunfels, Comal County; TYPE OF FACILITY: fiberglass tank manufacturing plant; RULES VIOLATED: 30 TAC §§101.20(2), 113.1060, 116.115(c), and 122.143(4), 40 Code of Federal Regulations (CFR) §63.5910(a) and (b)(3) and (4), New Source Review (NSR) Permit Number 83082, Special Conditions (SC) Number 4, Federal Operating Permit (FOP) Number O2996, General Terms and Conditions (GTC) and Special Terms and Conditions (STC) Numbers 1.E and 5, and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit the 40 CFR Part 63 Subpart WWWW semiannual compliance report no later than 31 days after the end of the reporting period; and 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), NSR Permit Number 83082, SC Number 12, FOP Number O2996, GTC and STC Number 5, and THSC, §382.085(b), by failing to comply with the maximum allowable emissions rate; PENALTY: $18,087; ENFORCEMENT COORDINATOR: Mackenzie Mehlmann, (512) 239-2572; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(18) COMPANY: Rhome Estates LLC; DOCKET NUMBER: 2024-0411-PWS-E; IDENTIFIER: RN111595864; LOCATION: Rhome, Wise County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(n)(1), by failing to maintain at the public water system accurate and up-to-date detailed as-built plans or record drawings and specifications for each treatment plant, pump station, and storage tank until the facility is decommissioned; and 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: $1,000; ENFORCEMENT COORDINATOR: Taner Hengst, (512) 239-1143; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 239-2545.
(19) COMPANY: SR Superior LLC; DOCKET NUMBER: 2024-0194-WR-E; IDENTIFIER: RN104486410; LOCATION: Grand Lake Estates, Montgomery County; TYPE OF FACILITY: reservoir; RULE VIOLATED: 30 TAC §297.59(c), Water Rights Permit Number 5712, and Special Conditions (a), by failing to maintain the reservoir at operating level as required by the permit; PENALTY: $750; ENFORCEMENT COORDINATOR: Monica Larina, (361) 881-6965; REGIONAL OFFICE: 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401, (361) 881-6900.
(20) COMPANY: VARDHMAN INVESTMENT, INCORPORATED dba Dickinson Food Mart; DOCKET NUMBER: 2022-1051-PST-E; IDENTIFIER: RN101909463; LOCATION: Dickinson, Galveston County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide corrosion protection for the underground storage tank (UST) system; and 30 TAC §334.50(b)(1)(B) and TWC, §26.3475(c)(1), by failing to monitor the USTs installed on or after January 1, 2009, for releases in a manner which will detect a release at a frequency of at least once every 30 days by using interstitial monitoring; PENALTY: $6,750; ENFORCEMENT COORDINATOR: Celicia Garza, (210) 657-8422; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 492-3096.
TRD-202405606
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: November 19, 2024
The Texas Commission on Environmental Quality (Commission) adopted amendments to 30 TAC §§330.1, 330.3, 330.5, 330.7, 330.13, 330.15 and 330.23 as part of a larger rulemaking in the November 8, 2024, issue of the Texas Register (49 TexReg 8930). Due to an error by the Texas Register, the amendments were published with an incomplete range of rules listed. The range of rules should have been listed as follows:
30 TAC §§330.1, 330.3, 330.5, 330.7, 330.13, 330.15
TRD-202405619
An agreed order was adopted regarding City of Streetman, Docket No. 2022‑0568‑PWS‑E on November 19, 2024 assessing $4,287 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Taylor Pack Ellis, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Angel Campos Sr., Guadalupe Campos, and Miguel Campos dba Little Angel's Auto & Scrap Metal Recycling, Docket No. 2022‑0586‑MLM‑E on November 19, 2024 assessing $2,925 in administrative penalties with $585 deferred. Information concerning any aspect of this order may be obtained by contacting Tiffany Chu, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Wasfia Enterprise LLC dba Cypress Plaza 2, Docket No. 2022‑0863‑PST‑E on November 19, 2024 assessing $6,304 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Alexander Kepczyk, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Regal 5 LLC dba Joe's Future Food Mart, Docket No. 2022‑1376‑PST‑E on November 19, 2024 assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Adriana Fuentes, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding CAREFREE VALLEY MHP HARLINGEN TX, LLC, Docket No. 2022‑1531‑PWS‑E on November 19, 2024 assessing $188 in administrative penalties with $37 deferred. Information concerning any aspect of this order may be obtained by contacting Ashley Lemke, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Vaquerano Automotive, LLC dba Custom Auto II Collision Auto Repair, Docket No. 2022‑1706‑AIR‑E on November 19, 2024 assessing $675 in administrative penalties with $135 deferred. Information concerning any aspect of this order may be obtained by contacting Desmond Martin, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Dupre Logistics LLC dba Dupre Transport, Docket No. 2023‑1109‑PST‑E on November 19, 2024 assessing $2,255 in administrative penalties with $451 deferred. Information concerning any aspect of this order may be obtained by contacting Faye Renfro, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Z B ENTERPRISES, INC. dba Overton Texaco, Docket No. 2023‑1119‑PST‑E on November 19, 2024 assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Adriana Fuentes, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Black Branch Terminals LLC, Docket No. 2023‑1123‑PST‑E on November 19, 2024 assessing $3,979 in administrative penalties with $795 deferred. Information concerning any aspect of this order may be obtained by contacting Eresha DeSilva, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding City of Lockhart, Docket No. 2023‑1209‑PST‑E on November 19, 2024 assessing $3,751 in administrative penalties with $750 deferred. Information concerning any aspect of this order may be obtained by contacting Faye Renfro, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
A field citation was adopted regarding Texan Oilers, LLC, Docket No. 2023‑1210‑PST‑E on November 19, 2024 assessing $2,625 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Danielle Fishbeck, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Texas Water Utilities, L.P., Docket No. 2023‑1396‑PWS‑E on November 19, 2024 assessing $750 in administrative penalties with $150 deferred. Information concerning any aspect of this order may be obtained by contacting Miles Caston, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Karina Montiel dba MONTIEL SPRINKLERS KS LLC, Docket No. 2023‑1403‑LII‑E on November 19, 2024 assessing $874 in administrative penalties with $174 deferred. Information concerning any aspect of this order may be obtained by contacting Ilia Perez-Ramirez, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Carterbug Holdings, LLC, Docket No. 2023‑1581‑MWD‑E on November 19, 2024 assessing $5,000 in administrative penalties with $1,000 deferred. Information concerning any aspect of this order may be obtained by contacting Mistie Gonzales, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding CUA, LLC, Docket No. 2023‑1704‑AIR‑E on November 19, 2024 assessing $4,688 in administrative penalties with $937 deferred. Information concerning any aspect of this order may be obtained by contacting Krystina Sepulveda, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Angel Elias dba Judy K's Kountry Kitchen, Docket No. 2024‑0031‑PWS‑E on November 19, 2024 assessing $4,152 in administrative penalties with $830 deferred. Information concerning any aspect of this order may be obtained by contacting Nick Lohret‑Froio, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Chitwan Rhino LLC dba Kwik Pik Food Mart, Docket No. 2024‑0035‑PST‑E on November 19, 2024 assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Ramyia Wendt, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Charlotte Retief dba Cowboy Capital RV Park & Campground and Gerhard Retief dba Cowboy Capital RV Park & Campground, Docket No. 2024‑0053‑PWS‑E on November 19, 2024 assessing $2,750 in administrative penalties with $550 deferred. Information concerning any aspect of this order may be obtained by contacting Mason DeMasi, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding CHINA SPRING HOLDINGS LP, Docket No. 2024‑0093‑PWS‑E on November 19, 2024 assessing $1,020 in administrative penalties with $204 deferred. Information concerning any aspect of this order may be obtained by contacting Deshaune Blake, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding PRICEWISE LLC, Docket No. 2024‑0095‑PST‑E on November 19, 2024 assessing $5,655 in administrative penalties with $1,131 deferred. Information concerning any aspect of this order may be obtained by contacting Lauren Little, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Files Valley Water Supply Corporation, Docket No. 2024‑0431‑PWS‑E on November 19, 2024 assessing $1,575 in administrative penalties with $315 deferred. Information concerning any aspect of this order may be obtained by contacting Taner Hengst, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Emerald Forest Utility District, Docket No. 2024‑0461‑PWS‑E on November 19, 2024 assessing $1,020 in administrative penalties with $204 deferred. Information concerning any aspect of this order may be obtained by contacting Kaisie Hubschmitt, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
A field citation was adopted regarding South Hulen Ventures LLC, Docket No. 2024‑0749‑PST‑E on November 19, 2024 assessing $2,625 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Adriana Fuentes, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Dr Horton‑Texas Ltd, Docket No. 2024‑0803‑WQ‑E on November 19, 2024 assessing $3,000 in administrative penalties with $600 deferred. Information concerning any aspect of this order may be obtained by contacting Madison Stringer, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding ISMAT, LLC dba E Z Shop 13, Docket No. 2024‑0830‑PST‑E on November 19, 2024 assessing $4,490 in administrative penalties with $898 deferred. Information concerning any aspect of this order may be obtained by contacting Faye Renfro, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
A field citation was adopted regarding Jerry D. Williams, Docket No. 2024‑1223‑OSI‑E on November 19, 2024 assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Nancy Sims, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
A field citation was adopted regarding Stewart, William A. Jr., Docket No. 2024‑1258‑WOC‑E on November 19, 2024 assessing $175 in administrative penalties. Information concerning any aspect of this citation may be obtained by contacting Arti Patel, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
TRD-202405654
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: November 20, 2024
A default order was adopted regarding Antonio Sauceda, Docket No. 2020‑0635‑MSW‑E on November 20, 2024 assessing $7,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jim Sallans, Staff Attorney at (512) 239 3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711 3087.
An agreed order was adopted regarding City of Beeville, Docket No. 2020‑1272‑MWD‑E on November 20, 2024 assessing $132,853 in administrative penalties with 26,570 deferred. Information concerning any aspect of this order may be obtained by contacting Alejandro Laje, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
A default order was adopted regarding Chaos Shaw AKA Chongbai Xia dba Twin Lakes Water, Docket No. 2021‑1377‑PWS‑E on November 20, 2024 assessing $0 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Benjamin Warms, Staff Attorney at (512) 239 3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711 3087.
A default and shutdown order was adopted regarding OHK GLOBAL INC dba Snappy Foods 19, Docket No. 2022‑1056‑PST‑E on November 20, 2024 assessing $25,256 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jennifer Peltier, Staff Attorney at (512) 239 3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711 3087.
An agreed order was adopted regarding Texas Water Systems, Inc., Docket No. 2023‑0703‑PWS‑E on November 20, 2024 assessing $24,239 in administrative penalties with $4,847. Information concerning any aspect of this order may be obtained by contacting Mason Demasi, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Hailiang Copper Texas Inc, Docket No. 2023‑0715‑IWD‑E on November 20, 2024 assessing $28,750 in administrative penalties with $5,750 deferred. Information concerning any aspect of this order may be obtained by contacting Mistie Gonzales, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding SR Aus, LLC, Docket No. 2023‑0728‑MWD‑E on November 20, 2024 assessing $32,937 in administrative penalties with $6,587 deferred. Information concerning any aspect of this order may be obtained by contacting Harley Hobson, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding B-TEXAS MULCH LLC, Docket No. 2023‑0791‑MSW‑E on November 20, 2024 assessing $8,564 in administrative penalties with $1,712 deferred. Information concerning any aspect of this order may be obtained by contacting Stephanie McCurley, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Thomas Howard Watson II, Docket No. 2023‑0935‑WQ‑E on November 20, 2024 assessing $35,250 in administrative penalties with $7,050. Information concerning any aspect of this order may be obtained by contacting Megan Crinklaw, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
A default and shutdown order was adopted regarding OHK GLOBAL INC dba Panthers 1, Docket No. 2023‑1294‑PST‑E on November 20, 2024 assessing $21,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jennifer Peltier, Staff Attorney at (512) 239 3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711 3087.
An agreed order was adopted regarding Scout Energy Management LLC, Docket No. 2023‑1472‑AIR‑E on November 20, 2024 assessing $186,663 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Caleb Martin, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Lee Nmi Weir, Docket No. 2023‑1493‑WQ‑E on November 20, 2024 assessing $7,750 in administrative penalties with $1,550 deferred. Information concerning any aspect of this order may be obtained by contacting Monica Larina, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Sasol Chemicals (USA) LLC, Docket No. 2023‑1703‑AIR‑E on November 20, 2024 assessing $34,500 in administrative penalties with $6,900 deferred. Information concerning any aspect of this order may be obtained by contacting Krystina Sepulveda, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Fairway Methanol LLC, Docket No. 2023‑1721‑AIR‑E on November 20, 2024 assessing $158,925 in administrative penalties with $31,785 deferred. Information concerning any aspect of this order may be obtained by contacting Caleb Martin, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding City of Amarillo, Docket No. 2024‑0022‑MWD‑E on November 20, 2024 assessing $44,625 in administrative penalties with $8,925 deferred. Information concerning any aspect of this order may be obtained by contacting Mistie Gonzales, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Texas Water Utilities, L.P., Docket No. 2024‑0034‑PWS‑E on November 20, 2024 assessing $1,187 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Taner Hengst, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Victoria County Water Control and Improvement District No. 1, Docket No. 2024‑0214‑PWS‑E on November 20, 2024 assessing $1,337 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Taner Hengst, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Xevex Materials' LLC, Docket No. 2024‑0234‑MLM‑E on November 20, 2024 assessing $11,250 in administrative penalties with $2,250 deferred. Information concerning any aspect of this order may be obtained by contacting Mistie Gonzales, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding COWBOY'S READY MIX, LLC, Docket No. 2024‑0263‑MLM‑E on November 20, 2024 assessing $14,500 in administrative penalties with $2,900 deferred. Information concerning any aspect of this order may be obtained by contacting Megan Crinklaw, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
A default and shutdown order was adopted regarding OHK GLOBAL INC dba Snappy Foods 8, Docket No. 2024‑0367‑PST‑E on November 20, 2024 assessing $40,761 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jennifer Peltier, Staff Attorney at (512) 239 3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711 3087.
A default and shutdown order was adopted regarding OHK GLOBAL INC dba Snappy Foods 23, Docket No. 2024‑0368‑PST‑E on November 20, 2024 assessing $39,008 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jennifer Peltier, Staff Attorney at (512) 239 3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711 3087.
A default and shutdown order was adopted regarding OHK GLOBAL INC dba Snappy Foods 20, Docket No. 2024‑0371‑PST‑E on November 20, 2024 assessing $42,285 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jennifer Peltier, Staff Attorney at (512) 239 3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711 3087.
A default and shutdown order was adopted regarding OHK GLOBAL INC dba Snappy Foods 17, Docket No. 2024‑0372‑PST‑E on November 20, 2024 assessing $43,758 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jennifer Peltier, Staff Attorney at (512) 239 3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711 3087.
A default and shutdown order was adopted regarding OHK GLOBAL INC dba Snappy Foods 16, Docket No. 2024‑0373‑PST‑E on November 20, 2024 assessing $30,285 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jennifer Peltier, Staff Attorney at (512) 239 3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711 3087.
A default and shutdown order was adopted regarding OHK GLOBAL INC dba Snappy Foods 14, Docket No. 2024‑0374‑PST‑E on November 20, 2024 assessing $42,266 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jennifer Peltier, Staff Attorney at (512) 239 3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711 3087.
A default and shutdown order was adopted regarding OHK GLOBAL INC dba Panthers 5, Docket No. 2024‑0375‑PST‑E on November 20, 2024 assessing $7,702 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jennifer Peltier, Staff Attorney at (512) 239 3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711 3087.
A default and shutdown order was adopted regarding OHK GLOBAL INC dba Panthers 3, Docket No. 2024‑0387‑PST‑E on November 20, 2024 assessing $4,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jennifer Peltier, Staff Attorney at (512) 239 3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711 3087.
A default and shutdown order was adopted regarding OHK GLOBAL INC dba Panthers 6, Docket No. 2024‑0389‑PST‑E on November 20, 2024 assessing $5,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jennifer Peltier, Staff Attorney at (512) 239 3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711 3087.
A default and shutdown order was adopted regarding OHK GLOBAL INC dba Panthers 4, Docket No. 2024‑0390‑PST‑E on November 20, 2024 assessing $9,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jennifer Peltier, Staff Attorney at (512) 239 3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711 3087.
An agreed order was adopted regarding FLOWER GROVE COOPERATIVE GIN, Docket No. 2024‑0393‑PST‑E on November 20, 2024 assessing $21,113 in administrative penalties with $4,222 deferred. Information concerning any aspect of this order may be obtained by contacting Lauren Little, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
TRD-202405655
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: November 20, 2024
This is a notice for a notice and comment hearing on Federal Operating Permit Number O2151. During the notice and comment hearing informal questions on the Federal Operating Permit will be answered and formal comments will be received. The Texas Commission on Environmental Quality (TCEQ) has scheduled the notice and comment hearing regarding this application and draft permit as follows:
Date: January 14, 2025
Time: 7:00 p.m.
Location: Columbus Club Hall Brazoria
20632 N. Highway 36
Brazoria, Texas 77422
Location phone: (979) 798-4483
Application and Draft Permit. Chevron Phillips Chemical Company, LP, 10001 Six Pines Dr, The Woodlands, Texas 77380-1498, an All Other Basic Organic Chemical Manufacturing facility, has applied to the TCEQ for a Significant Revision of Federal Operating Permit (herein referred to as permit) No. O2151, Application No. 34858 to authorize operation of the Sweeny Complex, Olefins and NGL Assets area. The area addressed by the application is located at 21441 Loop 419 (new street name: Freedom Lane) in Sweeny, Brazoria County, Texas 77480-1426. This application was received by the TCEQ on March 2, 2023.
The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, will codify the conditions under which the site must operate. The TCEQ Executive Director recommends issuance of the draft permit. The purpose of a federal operating permit is to improve overall compliance with the rules governing air pollution control by clearly listing all applicable requirements, as defined in Title 30 Texas Administrative Code (30 TAC) §122.10. The permit will not authorize new construction or new emissions.
Notice and Comment Hearing. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration and an informal discussion period with commission staff members will begin during the first 30 minutes. During the informal discussion period, the public is encouraged to ask questions and engage in open discussion with the applicant and the TCEQ staff concerning this application and draft permit. Issues raised during this discussion period will only be addressed in the formal response to comments if the issue is also presented during the hearing. After the conclusion of the informal discussion period, the TCEQ will conduct a notice and comment hearing regarding the application and draft permit. Individuals may present oral statements when called upon in order of registration. A reasonable time limit may be established at the hearing to assure that enough time is allowed for every interested person to speak. There will be no open discussion during the hearing. The purpose of this hearing will be to receive formal public comment which the TCEQ will consider in determining whether to revise and/or issue the permit and in determining the accuracy and completeness of the permit. Any person may attend this meeting and submit written or oral comments. The hearing will be conducted in accordance with the Texas Clean Air Act §382.0561, as codified in the Texas Health and Safety Code, and 30 Texas Administrative Code §122.340.
Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact the TCEQ Public Education Program toll free at (800) 687-4040 or (800) RELAY-TX (TDD), at least five business days prior to the hearing.
Any person may also submit written comments before the hearing to the Texas Commission on Environmental Quality, Office of Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087, or electronically at www14.tceq.texas.gov/epic/eComment/. Written comments should include (1) your name, address, and daytime telephone number, and (2) the draft permit number found at the top of this notice.
A notice of proposed final action that includes a response to comments and identification of any changes to the draft permit will be mailed to everyone who submitted: written comments and/or hearing requests, attended and signed in at the hearing, or requested to be on the mailing list for this application. This mailing will also provide instructions for public petitions to the U.S. Environmental Protection Agency (EPA) to request that the EPA object to the issuance of the proposed permit. After receiving a petition, the EPA may only object to the issuance of a permit which is not in compliance with applicable requirements or the requirements of 30 Texas Administrative Code Chapter 122.
Mailing List. In addition to submitting public comments, a person may ask to be placed on a mailing list for this application by sending a request to the TCEQ Office of the Chief Clerk at the address above. Those on the mailing list will receive copies of future public notices (if any) mailed by the Chief Clerk for this application.
Information. For additional information about this permit application or the permitting process, please contact the Texas Commission on Environmental Quality, Public Education Program, MC‑108, P.O. Box 13087, Austin, Texas 78711-3087 or toll free at (800) 687-4040. General information about the TCEQ can be found at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687‑4040.
Further information may also be obtained for Chevron Phillips Chemical Company, LP by calling Wendy Irwin, Public Affairs Representative at (979) 491-5815.
Notice Issuance Date: November 13, 2024
TRD-202405650
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: November 20, 2024
Notice issued November 14, 2024
TCEQ Internal Control No. D-09162024-030: CR Austin Resort, LLC, a Delaware limited liability company and CR Resort Austin, LLC, a Delaware limited liability company (Petitioners) filed a petition for creation of Moonlight Bend Municipal Utility District (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioners hold title to a majority in value of the land to be included in the proposed District; (2) there is one lienholder, VICI LENDCO, LLC, on the property to be included in the proposed District and the lienholder consents to the creation of the proposed District; (3) the proposed District will contain approximately 591.6905 acres located within Burnet County, Texas; and (4) none of the land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any city. The petition further states that the proposed District will design, construct, acquire, improve, extend, finance, and issue bonds for: (1) maintenance, operation, and conveyance of an adequate and efficient water works and wastewater system for domestic and commercial purposes; (2) maintenance, operation, and conveyance of works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the proposed District, and to control, abate, and amend local storm waters or other harmful excesses of waters; (3) conveyance of roads and improvements in aid of roads; and (4) maintenance, operation, and conveyance of such other additional facilities, systems, plants, and enterprises as shall be consonant with all of the purposes for which the proposed District is created. Additionally, the proposed District will design, acquire, construct, finance, issue bonds for, and convey to the State, a county, or a municipality for operation and maintenance of one or more roads, or any improvement in aid of such roads, pursuant to Texas Water Code Section 54.234. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioners that the cost of said project will be approximately $64,575,000 ($59,000,000 for water, wastewater, and drainage and $5,575,000 for roads).
INFORMATION SECTION
To view the complete issued notice, view the notice on our website at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the website, type in the issued date range shown at the top of this document to obtain search results. The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our website at www.tceq.texas.gov.
TRD-202405652
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: November 20, 2024
Notice issued November 14, 2024
TCEQ Internal Control No. D-10282024-044: Capital Creek Ranch LLC, a Texas limited liability company; its manager Capital Creek Ranch Manager LLC, a Texas limited liability company, its manager Amelia Homes LLC, a Texas limited liability company, and its manager Kratos Holdings LLC, a Texas limited liability company (Petitioners), filed a petition for creation of San Jacinto Municipal Utility District No. 15 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and Chapter 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioners hold title to a majority in value of the land to be included in the proposed District; (2) the lienholder has consented to inclusion of the land into the corporate boundaries of the District; (3) the proposed District will contain approximately 1,426.404 acres located within San Jacinto County, Texas; and (4) none of the land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any city. The petition further states that the proposed District will: (1) purchase, construct, acquire, provide, operate, maintain, repair, improve, or extend, inside or outside of its boundaries, any and all works, improvements, facilities, systems, plants, equipment, and appliances necessary or helpful to supply and distribute water for municipal, domestic, industrial, and commercial purposes; (2) to collect, transport, process, dispose of, and control domestic, industrial, and commercial wastes; to gather, conduct, divert, abate, amend, and control local storm water or other local harmful excesses of water or provide adequate drainage in the District; (3) and to purchase, construct, acquire, provide, operate, maintain, repair, improve, or extend, inside or outside of its boundaries, such additional facilities, systems, plants, equipment, appliances, and enterprises; (4) additional work and services which may be performed by the District include the purchase, construction, acquisition, provision, operation, maintenance, repair, improvement, extension, and development of a roadway system of the District.
According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioners from such information as they have at this time, that such cost will be approximately $43,655,705.09 ($13,738,871.87 for drainage facilities, $22,847,525.44 for paving and roads, and $7,069,307.78 for water and wastewater facilities).
INFORMATION SECTION
To view the complete issued notice, view the notice on our website at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the website, type in the issued date range shown at the top of this document to obtain search results. The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our website at www.tceq.texas.gov.
TRD-202405653
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: November 20, 2024
Notice issued November 20, 2024
TCEQ Internal Control No. D-11012024-002: D.R. Horton-Texas, Ltd., A Texas limited partnership and 109 Chapel Lakes Investments, Ltd, a Texas limited partnership (Petitioners) filed a petition for creation of Montgomery County MUD No. 249 (District) of Montgomery County with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioners hold title to a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District(3) the proposed District will contain approximately 152.339 acres of land located within Montgomery County, Texas; and (4) the land within the proposed district is wholly within the corporate limits of City of Conroe, Texas. By Resolution No. 2695-24, approved on April 25, 2024 the Conroe, Texas, gave its consent to the creation of the proposed District, pursuant to Texas Water Code §54.016. The Property is located wholly within the extraterritorial jurisdiction of the City of Conroe, Montgomery County, Texas (the "City"). In accordance with Local Government Code §42.042 and Texas Water Code §54.016, the Petitioners submitted a petition to the City, requesting the City's consent to the creation of the District. After more than 90 days passed without receiving consent, the Petitioners submitted a petition to the City to provide water and sewer services to the proposed District. The 120-day period for reaching a mutually agreeable contract as established by the Texas Water Code §54.016(c) expired and the information provided indicates that the Petitioners and the City have not executed a mutually agreeable contract for service. Pursuant to Texas Water Code §54.016(d), failure to execute such an agreement constitutes authorization for the Petitioners to initiate proceedings to include the land within the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain, own, operate, repair, improve and extend of a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the proposed District; (3) control, abate and amend local storm waters or other harmful excesses of waters; (4) such other purchase, construction, acquisition, improvement, maintenance and operation of such additional facilities, systems, plants and enterprises, and road facilities, as shall be consistent with all of the purposes for which the proposed District is created; (5) provide supplemental services to preserve, maintain, and enhance the economic health and vitality of the proposed District as a community and business center; and, (6) to provide services authorized under the laws governing the proposed District to serve the land.
According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioners that the cost of said project will be approximately $27,100,000 ($17,900,000 for water, wastewater, and drainage plus $1,700,000 for recreation plus $7,500,000 for roads).
INFORMATION SECTION
To view the complete issued notice, view the notice on our website at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the website, type in the issued date range shown at the top of this document to obtain search results. The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our website at www.tceq.texas.gov.
TRD-202405656
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: November 20, 2024
Notice issued November 14, 2024
TCEQ Internal Control No. D-11052024-003: Qualico Developments (U.S.), Inc., a Delaware Corporation (Petitioner) filed a petition for creation of Mason Municipal Utility District of Hays County (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner holds title to a majority in value of the holders of title of the land within the proposed District; (2) there is one lienholder, Bank OZK, on the property to be included in the proposed District and information provided indicates that the aforementioned entity has consented to the petition; (3) the proposed District will contain approximately 306.490 acres located within Hays County, Texas, and (4) no portion of the land within the proposed District is within the corporate boundaries or extraterritorial jurisdiction of any municipality. The petition further states that the purposes of and the general nature of the work proposed to be done by the proposed District shall be the purchase, construction, acquisition, repair, extension and improvement of land, easements, works, improvements, facilities, plants, equipment and appliances necessary to: (1) provide a water supply for municipal uses, domestic uses and commercial purposes; (2) collect, transport, process, dispose of and control all domestic, industrial, or communal wastes whether in fluid, solid, or composite waste; (3) gather, conduct, divert and control local storm water or other local harmful excesses of water in the proposed District; (4) design, acquire, construct, finance, improve, operate, and maintain macadamized, graveled, or paved roads, or improvements in aid of those roads; and (5) provide such other facilities, systems, plants and enterprises as shall be consonant with the purposes for which the proposed District is created and permitted under state law. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioner that the cost of said project will be approximately $54,070,000 ($35,350,000 for water, sewer, and drainage plus $18,720,000 for roads).
INFORMATION SECTION
To view the complete issued notice, view the notice on our website at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the website, type in the issued date range shown at the top of this document to obtain search results. The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our website at www.tceq.texas.gov.
TRD-202405651
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: November 20, 2024
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Order (DO). The commission staff proposes a DO when the staff has sent the Executive Director's Preliminary Report and Petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is January 3, 2025. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.
A copy of the proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239‑3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711‑3087 and must be received by 5:00 p.m. on January 3, 2025. The commission's attorney is available to discuss the DO and/or the comment procedure at the listed phone number; however, TWC, §7.075, provides that comments on the DO shall be submitted to the commission in writing.
(1) COMPANY: CoastalPlains Estate, LLC; DOCKET NUMBER: 2023-0207-WQ-E; TCEQ ID NUMBER: RN111558649; LOCATION: 6541 North Bob White Way, Sanger, Denton County; TYPE OF FACILITY: construction site; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge stormwater associated with construction activities; PENALTY: $5,000; 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-202405608
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: November 19, 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 January 3, 2025. TWC, §7.075, also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building 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 January 3, 2025. 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: ABRAXAS CORPORATION; DOCKET NUMBER: 2021-0206-MWD-E; TCEQ ID NUMBER: RN101521391; LOCATION: 3301 Cattlebaron Road, Parker County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §217.33(c)(1)(B) and §305.125(1) and (5), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0015010001, Operational Requirement Number 1, by failing to ensure the facility and all of its systems of collection, treatment, and disposal were properly operated and maintained; 30 TAC §305.125(1) and TPDES Permit Number WQ0015010001, Monitoring and Reporting Requirements Number 7.c, by failing to report to the TCEQ in writing, any effluent violation which deviates from the permitted effluent limitation by more than 40% within five working days of becoming aware of the noncompliance; 30 TAC §30.350(d) and §305.125(1), and TPDES Permit Number WQ0015010001, Other Requirements Number 1, by failing to employ or contract with one or more licensed wastewater treatment facility operators or wastewater system operations companies holding a valid Class C license or higher; 30 TAC §305.125(1) and (5), and TPDES Permit Number WQ0015010001, Operational Requirements Number 1, by failing to ensure the facility and all of its systems of collection, treatment, and disposal were properly operated and maintained; and 30 TAC §217.63(c) and §305.125(1) and (5), and TPDES Permit Number WQ0015010001, Operational Requirements Number 1, by failing to ensure the facility and all of its systems of collection, treatment, and disposal were properly operated and maintained; PENALTY: $40,395; STAFF ATTORNEY: Benjamin Warms, Litigation, MC 175, (512) 239-5144; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Conroe Bay Water - Sewer Supply Corporation; DOCKET NUMBER: 2022-0994-PWS-E; TCEQ ID NUMBER: RN101193134; LOCATION: 15121 Starboard Drive near Willis, Montgomery County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(n)(1), by failing to maintain at the public water system accurate and up-to-date detailed as-built plans or record drawings and specifications for each treatment plant, pump station, and storage tank until the facility is decommissioned; PENALTY: $500; STAFF ATTORNEY: Georgette Oden, Litigation, MC 175, (512) 239-3321; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
TRD-202405607
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: November 19, 2024
On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 26. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of, November 7, 2024 to November 15, 2024. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§30.20(f), 30.30(h), and 30.40(e), the public comment period extends 30 days from the date published on the Texas General Land Office web site. The notice was published on the web site on Friday, November 22, 2024. The public comment period for this project will close at 5:00 p.m. on Sunday, December 22, 2024.
Federal License and Permit Activities:
Applicant: Epic Crude Terminal
Location: The project site is located in the Inner Harbor of the Corpus Christi Ship Channel (CCSC), within the EPIC Crude Terminal at the intersection of Lantana Street and Up River Road, in Corpus Christi, Nueces County, Texas.
Latitude and Longitude: 27.816600, -97.470351
Project Description: The applicant proposes to deepen the existing basin from the currently authorized maximum depth of -49ft mean lower low water (MLLW) to a maximum depth of -53ft MLLW and conduct 10-year maintenance dredging to maintain the terminal basin at -53ft MLLW depth. The project will consist of dredging to deepen and maintain the existing dock slip, including the slip's side and end slopes. Approximately 76,560 cubic yards of material will be dredged by mechanical and/or hydraulic dredge methods to deepen the slip to the proposed -53ft MLLW depth. After the deepening has been completed, the proposed 10-year maintenance dredging activity would consist of mechanical/hydraulic dredging, as well as silt blade dredging. Mechanical/hydraulic maintenance dredging will occur once per year and result in the removal of approximately 4,000 cubic yards of dredged material. Silt blade maintenance dredging will occur in between mechanical/hydraulic maintenance dredging events. Silt blade dredging will only be used for minor slip maintenance activities where the majority of the slip is at the appropriate depth, but spot specific maintenance is required to address high spots and/or shoaling along the fender line. Silt blade bottom contouring is a dredging method that involves the redistribution of bottom sediment within the permitted slip limits. Redistribution will be accomplished by spreading the material from one area of the slip to another in order to achieve target depth. In no case will material be redistributed outside the slip limits or into the Federal Channel. Silt blade bottom contouring will primarily be used to evenly contour the bottom elevation of the berthing areas and along the side slopes of the docking facility. The material dredged by mechanical and/or hydraulic dredging will be discharged into one or more of the following Dredge Material Placement Areas (DMPA): Suntide DMPA, Tule Lake DMPA No. 6, South Shore DMPA - Cells A & B, DMPA No. 1, Herbie A. Maurer DMPA, Rincon B West, DMPA 14, DMPA 13, and/or Good Hope DMPA Cell J & I. The applicant does not propose compensatory mitigation for the project because it would occur within an existing and actively maintained terminal basin and would not result in the loss of waters of the US.
Type of Application: U.S. Army Corps of Engineers permit application # SWG-1991-01796. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.
CMP Project No: 25-1048-F1
Applicant: Gulf Sulphur Services, Ltd.
Location: The project site is located in Galveston Harbor/Channel, 4500 Old Port Industrial Road, adjacent to the Pelican Island Causeway, in Galveston, Galveston County, Texas.
Latitude and Longitude: 29.8379656, -95.0767774
Project Description: The applicant is requesting to modify an existing permit to mechanically and/or hydraulically deepen the existing Galveston Sulphur Terminal Basin from -43 ft MLLW to -46 ft MLLS, dredging approximately 7,800 cubic yards of material to be disposed at Adloy Dredge Material Placement Area. The applicant is not proposing mitigation as the project only requires modification of an existing permit to dredge within and existing dredge footprint with no 404 impacts, and no impacts are proposed to special aquatic sites.
Type of Application: U.S. Army Corps of Engineers permit application # SWG-1997-02926. This application will be reviewed pursuant to pursuant to Section 10 of the Rivers and Harbors Act of 1899.
CMP Project No: 25-1059-F1
Applicant: Triad Frisco Partners, LLC
Location: The project site is located in the Sabine-Neches Canal, near 7034 South 1st Avenue, in Sabine Pass, Jefferson County, Texas.
Latitude and Longitude: 29.730556, -93.871389
Project Description: The applicant proposes to dredge approximately 305,638 cubic yards from 13.27 acres of the Sabine-Neches Canal and remove approximately 300-linear-foot of existing bulkhead, as well as a 20-foot by 40-foot boat ramp structure, at their North Yard facility. The applicant also proposes to construct a new ship dock including a 500-foot by 40-foot dock platform, a 150-foot by 25-foot approach way on the upstream end, a 95-foot by 25-foot approach way on the downstream end, installation of four mooring dolphins, and two 140-foot pedestrian walkways. Additionally, an articulated concrete block revetment mattress will be installed along 300 feet of shoreline. The applicant proposes to place the dredged material into placement areas 5, 5B, 8, or 9, or the JD Murphree Wildlife Management Area Beneficial Use Site. Additionally, the applicant is requesting a 10-year authorization period for maintenance dredging. The applicant is not proposing mitigation as there are no impacts to special aquatic sites.
Type of Application: U.S. Army Corps of Engineers permit application # SWG-2003-00357. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.
CMP Project No: 25-1061-F1
Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from the Texas General Land Office Public Information Officer at 1700 N. Congress Avenue, Austin, Texas 78701, or via email at pialegal@glo.texas.gov. Comments should be sent to the Texas General Land Office Coastal Management Program Coordinator at the above address or via email at federal.consistency@glo.texas.gov.
TRD-202405641
Jennifer Jones
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: November 20, 2024
PRELIMINARY REPORT
Authority
This preliminary report and notice of violation was issued by the Deputy Director, Oil Spill Prevention and Response Division (OSPR), Texas General Land Office, on 11/06/2024.
Facts
Based on an investigation conducted by Texas General Land Office-Region 2 staff on 11/06/2024, the Commissioner of the General Land Office (GLO), has determined that a 53 Chris Craft, identified as GLO Vessel Tracking Number 98483 is in a wrecked, derelict and substantially dismantled condition without the consent of the commissioner. The vessel is located at 29° 33' 51" N, 95° 03' 15" W in Harris County, Texas. The GLO determined that pursuant to OSPRA §40.254(b)(2)(B), that the vessel does have intrinsic value. The GLO has also determined that, because of the vessel's location and condition, the vessel poses a THREAT TO THE ENVIRONMENT/THREAT TO PUBLIC HEATH, SAFETY, OR WELFARE.
Violation
YOU ARE HEREBY GIVEN NOTICE, pursuant to the provisions of §40.254 of the Texas Natural Resources Code, (OSPRA) that you are in violation of OSPRA §40.108(a) that prohibits a person from leaving, abandoning, or maintaining any structure or vessel in or on coastal waters, on public or private lands, or at a public or private port or dock if the structure or vessel is in a wrecked, derelict, or substantially dismantled condition, and the Commissioner determines the vessel is involved in an actual or threatened unauthorized discharge of oil; a threat to the public health, safety, and welfare; a threat to the environment; or a navigational hazard. The Commissioner is authorized by OSPRA §40.108(b) to dispose of or contract for the disposal of any vessel described in §40.108(a).
Recommendation
The Deputy Director has determined the person responsible for abandoning this vessel (GLO Tracking Number 97492) and recommends that the Commissioner order the abandoned vessel be disposed of in accordance with OSPRA §40.108.
The owner or operator of this vessel can request a hearing to contest the violation and the removal and disposal of the vessel. If the owner or operator wants to request a hearing, a request in writing must be made within twenty (20) days of this notice being posted on the vessel. The request for a hearing must be sent to: Texas General Land Office, Oil Spill Prevention and Response Division, P.O. Box 12873, Austin, Texas 78711. Failure to request a hearing may result in the removal and disposal of the vessel by the GLO. If the GLO removes and disposes of the vessel, the GLO has authority under TNRC §40.108(b) to recover the costs of removal and disposal from the vessel's owner or operator.
Rev. 08/20
TRD-202405565
Jennifer Jones
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: November 15, 2024
The Texas Lottery Commission (Commission) published notice of Scratch Ticket Game Number 2629 "$50 BLOWOUT" in the November 15, 2024, issue of the Texas Register (49 TexReg 9406). Due to an error by the Commission, the game number was published incorrectly in the title of the document. The game number was noted correctly in the text of the document. The correct number of the game is 2629, not 2626 as published in the title of the document.
The correct title of the document should read as follows:
Scratch Ticket Game Number 2629 "$50 BLOWOUT"
TRD-202405567
Bob Biard
General Counsel
Texas Lottery Commission
Filed: November 18, 2024
A public hearing to receive comments regarding the proposed amendments to 16 TAC §§401.101 (Lottery Procurement Procedures), 401.102 (Protests of the Terms of a Formal Competitive Solicitation), 401.103 (Protests of Contract Award), 401.104 (Contract Monitoring Roles and Responsibilities), 401.153 (Qualifications for License), 401.158 (Suspension or Revocation of License), 401.160 (Standard Penalty Chart), 401.301 (General Definitions), 401.302 (Scratch Ticket Game Rules), 401.304 (Draw Game Rules (General)), 401.355 (Restricted Sales), and 401.501 (Lottery Security) will be held on Wednesday, January 15, 2025 at 1:00 p.m., at 1801 Congress Ave., Austin, Texas 78701, George H. W. Bush Building, 4th Floor, Board Room 4.300.
Persons requiring any accommodation for disability should notify Dorota Bienkowska at (512) 344-5392 or dorota.bienkowska@lottery.state.tx.us at least 72 hours prior to the public hearing.
TRD-202405646
Bob Biard
General Counsel
Texas Lottery Commission
Filed: November 20, 2024
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2600 is "CASINO NIGHT". The play style is "multiple games".
1.1 Price of Scratch Ticket Game.
A. The price for Scratch Ticket Game No. 2600 shall be $10.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2600.
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: 1 DICE SYMBOL, 2 DICE SYMBOL, 3 DICE SYMBOL, 4 DICE SYMBOL, 5 DICE SYMBOL, 6 DICE SYMBOL, BAR SYMBOL, BELL SYMBOL, CHERRY SYMBOL, CHEST SYMBOL, CLOVER SYMBOL, COIN SYMBOL, CROWN SYMBOL, DIAMOND SYMBOL, GOLD SYMBOL, KEY SYMBOL, LIGHTNING SYMBOL, ORANGE SYMBOL, POT OF GOLD SYMBOL, RING SYMBOL, SCALE SYMBOL, STAR SYMBOL, TROPHY SYMBOL, 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, $10.00, $15.00, $20.00, $25.00, $30.00, $50.00, $100, $200, $500, $1,000, $10,000, $50,000 and $250,000.
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. 2600 - 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 (2600), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 050 within each Pack. The format will be: 2600-0000001-001.
H. Pack - A Pack of the "CASINO NIGHT" Scratch Ticket Game contains 050 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 001 and 050 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 "CASINO NIGHT" Scratch Ticket Game No. 2600.
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 "CASINO NIGHT" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose sixty-nine (69) Play Symbols. GAME 1: The player scratches each ROLL to reveal 2 "DICE" Play Symbols and a PRIZE. If the YOUR DICE Play Symbols add up to 7 or 11 in the same ROLL, the player wins the PRIZE for that ROLL. GAME 2: The player scratches the entire roulette wheel to reveal 1 ROULETTE NUMBER Play Symbol and 6 YOUR NUMBERS Play Symbols. If any of the YOUR NUMBERS Play Symbols match the ROULETTE NUMBER Play Symbol, the player wins the prize for that number. GAME 3: If the 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. GAME 4: If the player reveals 3 matching Play Symbols in the same SPIN, the player wins the PRIZE for that SPIN. BONUS: If the player reveals 2 matching prize amounts in the same BONUS, the player wins that amount. Each game is 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 sixty-nine (69) 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 sixty-nine (69) 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 sixty-nine (69) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the sixty-nine (69) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines.
B. The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. GENERAL: A Ticket can win up to twenty-six (26) times in accordance with the prize structure.
B. GENERAL: Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.
C. GENERAL: The top Prize Symbol will appear on every Ticket unless restricted by other parameters, play action or prize structure.
D. GENERAL: The top Prize Symbol of "$250,000" (250TH) will only appear in GAME 3 and GAME 4 on winning and Non-Winning Tickets in accordance with the prize structure.
E. GAME 1: Non-winning Prize Symbols will never appear more than two (2) times.
F. GAME 1: There will be no matching ROLLs. ROLLs are considered matching if they have the same Play Symbols in the same spots.
G. GAME 1: There will not be two (2) adjacent vertical or diagonal Play Symbols which equal to seven (7) or eleven (11), unless restricted by other parameters, play action or prize structure.
H. GAME 1: Non-winning Prize Symbol(s) will never be the same as winning Prize Symbol(s).
I. GAME 2: Non-winning YOUR NUMBERS Play Symbols will all be different.
J. GAME 2: Non-winning Prize Symbols will never appear more than two (2) times.
K. GAME 2: Non-winning Prize Symbol(s) will never be the same as winning Prize Symbol(s).
L. GAME 2: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 10 and $10).
M. GAME 3: Each Ticket will have four (4) different WINNING NUMBERS Play Symbols.
N. GAME 3: Non-winning YOUR NUMBERS Play Symbols will all be different.
O. GAME 3: Non-winning Prize Symbols will never appear more than four (4) times.
P. GAME 3: Non-winning Prize Symbol(s) will never be the same as the winning Prize Symbol(s).
Q. GAME 3: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 20 and $20).
R. GAME 4: Non-winning Play Symbol(s) from one (1) SPIN will not match winning Play Symbol(s) from another SPIN.
S. GAME 4: No three (3) or more matching non-winning Play Symbols will appear in adjacent spots vertically or diagonally.
T. GAME 4: No more than two (2) matching non-winning Play Symbols will appear in one (1) SPIN.
U. GAME 4: There will be no matching non-winning SPINs. SPINs are considered matching if they have the same Play Symbols in the same spots.
V. GAME 4: Non-winning Prize Symbols will never appear more than two (2) times.
W. GAME 4: Non-winning Prize Symbol(s) will never be the same as winning Prize Symbol(s).
X. BONUS: Matching Prize Symbols will only appear in a winning BONUS play area as dictated by the prize structure.
Y. BONUS: A Ticket will not have matching non-winning Prize Symbols across the two (2) BONUS play areas.
Z. BONUS: Non-winning Prize Symbols will not be the same as winning Prize Symbols across the two (2) BONUS play areas.
2.3 Procedure for Claiming Prizes.
A. To claim a "CASINO NIGHT" Scratch Ticket Game prize of $10.00, $15.00, $20.00, $25.00, $30.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $25.00, $30.00, $50.00, $100, $200 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "CASINO NIGHT" Scratch Ticket Game prize of $1,000, $10,000, $50,000 or $250,000, the claimant must sign the winning Scratch Ticket and may present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "CASINO NIGHT" 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 "CASINO NIGHT" 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 "CASINO NIGHT" 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 8,040,000 Scratch Tickets in Scratch Ticket Game No. 2600. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2600 - 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. 2600 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. 2600, 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-202405643
Bob Biard
General Counsel
Texas Lottery Commission
Filed: November 20, 2024
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2627 is "$5 MILLION TITANIUM BLACK". The play style is "key number match".
1.1 Price of Scratch Ticket Game.
A. The price for Scratch Ticket Game No. 2627 shall be $100.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2627.
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, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 2X SYMBOL, 5X SYMBOL, 10X SYMBOL, STAR SYMBOL, HORSESHOE SYMBOL, POT OF GOLD SYMBOL, COIN SYMBOL, JOKER SYMBOL, KEY SYMBOL, CHERRY SYMBOL, BELL SYMBOL, DIAMOND SYMBOL, BOOT SYMBOL, CACTUS SYMBOL, CLOVER SYMBOL, LADYBUG SYMBOL, WISHBONE SYMBOL, CROWN SYMBOL, HEART SYMBOL, BAR SYMBOL, RING SYMBOL, ANCHOR SYMBOL, SEVEN SYMBOL, PIG SYMBOL, MONEY ROLL SYMBOL, LEMON SYMBOL, BANANA SYMBOL, MELON SYMBOL, APPLE SYMBOL, GRAPE SYMBOL, PALM TREE SYMBOL, SMILE SYMBOL, LIGHTNING BOLT SYMBOL, $150, $200, $300, $500, $1,000, $2,500, $50,000 and $5,000,000.
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. 2627 - 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 (2627), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 015 within each Pack. The format will be: 2627-0000001-001.
H. Pack - A Pack of the "$5 MILLION TITANIUM BLACK" Scratch Ticket Game contains 015 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 001 and 015 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 "$5 MILLION TITANIUM BLACK" Scratch Ticket Game No. 2627.
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 "$5 MILLION TITANIUM BLACK" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose ninety-six (96) Play Symbols. BONUS PLAY INSTRUCTIONS: If a player reveals 2 matching Play Symbols in the same BONUS, the player wins the prize for that BONUS. $5 MILLION TITANIUM BLACK PLAY INSTRUCTIONS: A player scratches the entire play area to reveal 12 WINNING NUMBERS Play Symbols and 36 YOUR NUMBERS Play Symbols. If the 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 "2X" Play Symbol, the player wins DOUBLE the prize for that Play Symbol. If the player reveals a "5X" Play Symbol, the player wins 5 TIMES the prize for that Play Symbol. If the player reveals a "10X" Play Symbol, the player wins 10 TIMES the prize for that Play 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 ninety-six (96) 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 ninety-six (96) 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 ninety-six (96) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the ninety-six (96) 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: The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or prize structure.
B. GENERAL: Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.
C. BONUS: A Ticket will not have matching non-winning Prize Symbols across the four (4) BONUS play areas.
D. BONUS: A non-winning Prize Symbol in one (1) BONUS play area will never match a winning Prize Symbol in another BONUS play area.
E. BONUS: A Ticket will not have matching non-winning Play Symbols across the four (4) BONUS play areas.
F. $5 MILLION TITANIUM BLACK - Key Number Match: There will be no matching non-winning YOUR NUMBERS Play Symbols on a Ticket.
G. $5 MILLION TITANIUM BLACK - Key Number Match: There will be no matching WINNING NUMBERS Play Symbols on a Ticket.
H. $5 MILLION TITANIUM BLACK - Key Number Match: A Ticket may have up to fourteen (14) matching non-winning Prize Symbols, unless restricted by other parameters, play action or prize structure.
I. $5 MILLION TITANIUM BLACK - Key Number Match: A non-winning Prize Symbol will never match a winning Prize Symbol.
J. $5 MILLION TITANIUM BLACK - Key Number Match: The "2X" (DBL) Play Symbol will only appear on winning Tickets, as dictated by the prize structure.
K. $5 MILLION TITANIUM BLACK - Key Number Match: The "5X" (WINX5) Play Symbol will only appear on winning Tickets, as dictated by the prize structure.
L. $5 MILLION TITANIUM BLACK - Key Number Match: The "10X" (WINX10) Play Symbol will only appear on winning Tickets, as dictated by the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "$5 MILLION TITANIUM BLACK" Scratch Ticket Game prize of $150, $200, $300 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $150, $200, $300 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "$5 MILLION TITANIUM BLACK" Scratch Ticket Game prize of $1,000, $2,500 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 "$5 MILLION TITANIUM BLACK" Scratch Ticket Game top level prize of $5,000,000, 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 "$5 MILLION TITANIUM BLACK" Scratch Ticket Game prize, including the top level prize of $5,000,000, 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 "$5 MILLION TITANIUM BLACK" 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 "$5 MILLION TITANIUM BLACK" 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 5,520,000 Scratch Tickets in Scratch Ticket Game No. 2627. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2627 - 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. 2627 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. 2627, 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-202405645
Bob Biard
General Counsel
Texas Lottery Commission
Filed: November 20, 2024
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2635 is "AZULEJOS". The play style is "row/column/diagonal".
1.1 Price of Scratch Ticket Game.
A. The price for Scratch Ticket Game No. 2635 shall be $5.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2635.
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: 1 SYMBOL, 2 SYMBOL, 3 SYMBOL, 4 SYMBOL, 5 SYMBOL, 6 SYMBOL, 7 SYMBOL, 8 SYMBOL, 9 SYMBOL, 10 SYMBOL, 11 SYMBOL, 12 SYMBOL, 13 SYMBOL, 14 SYMBOL, 15 SYMBOL, 16 SYMBOL, 17 SYMBOL, 18 SYMBOL, 19 SYMBOL, 20 SYMBOL, 21 SYMBOL, 22 SYMBOL, 23 SYMBOL, 24 SYMBOL, 25 SYMBOL, 26 SYMBOL, 27 SYMBOL, 28 SYMBOL, 29 SYMBOL, 30 SYMBOL, 31 SYMBOL, 32 SYMBOL, 33 SYMBOL, 34 SYMBOL, 35 SYMBOL, 36 SYMBOL, 37 SYMBOL, 38 SYMBOL, 39 SYMBOL and 40 SYMBOL.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. This style game does not have Play Symbol captions. Normally, one caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbols are as follows:
Figure 1: GAME NO. 2635 - 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 (2635), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 075 within each Pack. The format will be: 2635-0000001-001.
H. Pack - A Pack of the "AZULEJOS" Scratch Ticket Game contains 075 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The Packs will alternate from Pack to Pack. Fanfold A: Ticket front 001 will be on the top Ticket and 075 back will be on the last page. Fanfold B: Ticket back 001 will be on the top and Ticket front 075 will be on the last page.
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 "AZULEJOS" Scratch Ticket Game No. 2635.
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 "AZULEJOS" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose forty-two (42) Play Symbols. 1) The player completely scratches the YOUR TILES Play Symbols to reveal 18 tiles. 2) The player scratches ONLY the tiles on GAMES 1 - 3 that exactly match the YOUR TILES Play Symbols. 3) If the player reveals a complete row, column or diagonal line, the player wins the prize for that line. 1) El jugador raspa completamente los Símbolos de Juego de TUS AZULEJOS para revelar 18 azulejos. 2) El jugador SOLAMENTE raspa los azulejos en los JUEGOS 1 - 3 que son exactamente iguales a los Símbolos de Juego de TUS AZULEJOS. 3) Si el jugador revela una línea completa, horizontal, vertical o diagonal, el jugador gana el premio para esa línea. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.
2.1 Scratch Ticket Validation Requirements.
A. To be a valid Scratch Ticket, all of the following requirements must be met:
1. Exactly forty-two (42) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption. This style of game does not have Play Symbol Captions;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The Scratch Ticket shall be intact;
6. The Serial Number and Game-Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Scratch Ticket;
8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The Scratch Ticket must not be counterfeit in whole or in part;
10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner;
11. The Scratch Ticket must not have been stolen, nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number and Game-Pack-Ticket Number must be right side up and not reversed in any manner;
13. The Scratch Ticket must be complete and not miscut, and have exactly forty-two (42) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-Ticket Number on the Scratch Ticket;
14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously;
15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the forty-two (42) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the forty-two (42) 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. A Ticket can win up to eleven (11) times in accordance with the prize structure.
B. Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order of Play Symbols.
C. There will be no duplicate Play Symbols in the YOUR TILES/TUS AZULEJOS play area.
D. Each Ticket will have a unique exposed pattern. An exposed pattern is all twenty-four (24) of the Play Symbols contained within the GAME 1/JUEGO 1, GAME 2/JUEGO 2 and GAME 3/JUEGO 3 play areas on the Ticket.
E. There will be at least twelve (12) YOUR TILES/TUS AZULEJOS Play Symbols that match Play Symbols in GAME 1/JUEGO 1, GAME 2/JUEGO 2 or GAME 3/JUEGO 3.
F. A Play Symbol will not be repeated across the GAME 1/JUEGO 1, GAME 2/JUEGO 2 and GAME 3/JUEGO 3 play areas.
G. On all Tickets, GAME 2/JUEGO 2 will match at least one (1) of its Play Symbols with the YOUR TILES/TUS AZULEJOS Play Symbols, unless affected by other parameters, play action or prize structure.
H. On all Tickets, GAME 3/JUEGO 3 will match at least one (1) of its Play Symbols with the YOUR TILES/TUS AZULEJOS Play Symbols, unless affected by other parameters, play action or prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "AZULEJOS" Scratch Ticket Game prize of $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $75.00, $100, $200, $300 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $25.00, $50.00, $75.00, $100, $200, $300 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "AZULEJOS" Scratch Ticket Game prize of $1,000, $10,000 or $100,000, the claimant must sign the winning Scratch Ticket and may present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "AZULEJOS" 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 "AZULEJOS" 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 "AZULEJOS" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is not claimed within that period, and in the manner specified in these Game Procedures and on the back of each Scratch Ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of Scratch Tickets ordered. The number of actual prizes available in a game may vary based on number of Scratch Tickets manufactured, testing, distribution, sales and number of prizes claimed. A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed.
3.0 Scratch Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated. If more than one name appears on the back of the Scratch Ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket.
4.0 Number and Value of Scratch Prizes. There will be approximately 7,200,000 Scratch Tickets in Scratch Ticket Game No. 2635. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2635 - 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. 2635 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. 2635, 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-202405647
Bob Biard
General Counsel
Texas Lottery Commission
Filed: November 20, 2024
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2665 is "$5,000,000 FORTUNE". The play style is "key number match".
1.1 Price of Scratch Ticket Game.
A. The price for Scratch Ticket Game No. 2665 shall be $100.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2665.
A. Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket.
C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 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, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 5X SYMBOL, 10X SYMBOL, $200, $250, $400, $500, $1,000, $2,500, $50,000 and $5,000,000.
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. 2665 - 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 (2665), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 015 within each Pack. The format will be: 2665-0000001-001.
H. Pack - A Pack of the "$5,000,000 FORTUNE" Scratch Ticket Game contains 015 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The Packs will alternate from Pack to Pack. Fanfold A: Ticket front 001 will be on the top Ticket and 015 back will be on the last page. Fanfold B: Ticket back 001 will be on the top and Ticket front 015 will be on the last page.
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 "$5,000,000 FORTUNE" Scratch Ticket Game No. 2665.
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 "$5,000,000 FORTUNE" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose seventy-two (72) Play Symbols. BONUS PLAY INSTRUCTIONS: If a player reveals 2 matching prize amounts in the same BONUS play area, the player wins that amount. $5,000,000 FORTUNE PLAY INSTRUCTIONS: 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 "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-two (72) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The Scratch Ticket shall be intact;
6. The Serial Number and Game-Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Scratch Ticket;
8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The Scratch Ticket must not be counterfeit in whole or in part;
10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner;
11. The Scratch Ticket must not have been stolen, nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number and Game-Pack-Ticket Number must be right side up and not reversed in any manner;
13. The Scratch Ticket must be complete and not miscut, and have exactly seventy-two (72) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-Ticket Number on the Scratch Ticket;
14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously;
15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the seventy-two (72) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the seventy-two (72) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Number must be printed in the Game-Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines.
B. The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. GENERAL: A Ticket can win up to thirty-three (33) times in accordance with the prize structure.
B. GENERAL: Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.
C. KEY NUMBER MATCH: Each Ticket will have six (6) different WINNING NUMBERS Play Symbols.
D. KEY NUMBER MATCH: Non-winning YOUR NUMBERS Play Symbols will all be different.
E. KEY NUMBER MATCH: Non-winning Prize Symbols will never appear more than five (5) times.
F. KEY NUMBER MATCH: The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or prize structure.
G. KEY NUMBER MATCH: The "5X" (WINX5) and "10X" (WINX10) Play Symbols will never appear in the WINNING NUMBERS or BONUS Play Symbol spots.
H. KEY NUMBER MATCH: The "5X" (WINX5) and "10X" (WINX10) Play Symbols will only appear on winning Tickets as dictated by the prize structure.
I. KEY NUMBER MATCH: Non-winning Prize Symbol(s) will never be the same as the winning Prize Symbol(s).
J. BONUS: Matching BONUS Prize Symbols will only appear in a winning BONUS play area as dictated by the prize structure.
K. BONUS: A Ticket will not have matching non-winning Prize Symbols across the three (3) BONUS play areas.
L. BONUS: Non-winning BONUS Prize Symbols will never be the same as the winning BONUS Prize Symbols.
2.3 Procedure for Claiming Prizes.
A. To claim a "$5,000,000 FORTUNE" Scratch Ticket Game prize of $200, $250, $400 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 $200, $250, $400 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 "$5,000,000 FORTUNE" Scratch Ticket Game prize of $1,000, $2,500 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 "$5,000,000 FORTUNE" Scratch Ticket Game top level prize of $5,000,000, 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 "$5,000,000 FORTUNE" Scratch Ticket Game prize, including the top level prize of $5,000,000, 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 "$5,000,000 FORTUNE" 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 "$5,000,000 FORTUNE" 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 5,760,000 Scratch Tickets in Scratch Ticket Game No. 2665. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2665 - 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. 2665 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. 2665, 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-202405648
Bob Biard
General Counsel
Texas Lottery Commission
Filed: November 20, 2024
Request for Proposals - Office Renovations General Contractor - Construction Manager
The Permian Basin Regional Planning Commission (PBRPC) is seeking proposals from qualified architect or general contracting firms to coordinate and oversee construction with the demolition and renovation of interior office space of the office space located at 2910 LaForce Blvd, Midland, Texas 79706.
The Request for Proposals (RFP) may be obtained by downloading the RFP and attachments from PBRPC's website at pbrpc.org/procurement-and-bid-opportunities. Proposals must be received by 12:00 p.m. (CDT), December 16, 2024, at the PBRPC office.
TRD-202405523
Virginia Belew
Executive Director
Permian Basin Regional Planning Commission
Filed: November 14, 2024
Notice of Annual Public Hearing
Pursuant to the Public Utility Regulatory Act, Texas Utilities Code § 13.064, the Office of Public Utility Counsel (OPUC) will conduct its annual public hearing in person and virtually:
December 12, 2024 from 1:00 - 2:00 p.m. CT
The meeting will include presentations from OPUC, the Public Utility Commission of Texas, the Electric Reliability Council of Texas (ERCOT), legislators, and key industry stakeholders. OPUC represents residential and small commercial consumers, as a class, in the electric, water, wastewater, and telecommunications utility industries in Texas.
Members of the public are welcome to attend and learn about the Texas electric grid, consumer rights, and the interconnected roles of these entities in ensuring a reliable, resilient grid for Texas consumers. Those in attendance will be provided an opportunity to offer public comments and ask questions during the meeting.
Attend in person:
Texas Capitol Extension Auditorium
1100 Congress Avenue
Austin, Texas 78701
Room E1.004
or
Join via Microsoft Teams Live Event Meeting:
https://teams.microsoft.com/l/meetup-join/19%3ameeting_MGJlZTkyNTEtMjQ5Ny00NmMwLWI0ZjktYzY4MWEwZWU0ZWE3%40thread.v2/0?context=%7b%22Tid%22%3a%228ab1207e-27c0-403f-92a7-fff564f962dd%22%2c%22Oid%22%3a%22e8914302-f6bd-478c-839a-16628438cb7f%22%7d
For additional information, please contact Mary Elen Williams, Government Relations, at P.O. Box 12397, Austin, Texas 78711-2397 or (512) 936-7500 or (877) 839-0363 or email: opuc_customer@opuc.texas.gov.
TRD-202405628
Chris Ekoh
Deputy Public Counsel
Office of Public Utility Counsel
Filed: November 20, 2024
Notice of Application for Recovery of Universal Service Funding
Notice is given to the public of an application filed with the Public Utility Commission of Texas (Commission) on November 13, 2024, for recovery of universal service funding under Public Utility Regulatory Act (PURA) §56.025 and 16 Texas Administrative Code (TAC) §26.406.
Docket Style and Number: Application of Electra Telephone Company, Inc. to Recover Funds from the Texas Universal Service Fund under PURA §56.025 and 16 TAC §26.406 For Calendar Year 2024, Docket Number 57291.
The Application: Electra Telephone Company, Inc. seeks recovery of funds from the Texas Universal Service Fund (TUSF) due to Federal Communications Commission actions resulting in a reduction in the Federal Universal Service Fund (FUSF) revenues available to Electra Telephone Company for 2024. Electra Telephone requests that the Commission allow recovery of funds from the TUSF in the amount of $596,690 for 2024 to replace the projected reduction in FUSF revenue.
Persons wishing to intervene or comment on the action sought should contact the Commission by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 57291.
TRD-202405521
Andrea Gonzalez
Rules Coordinator
Public Utility Commission of Texas
Filed: November 14, 2024
The Finance Commission of Texas adopted the repeal of 7 TAC §§79.1 - 79.5, 79.20, 79.30, 79.40, and 79.50 in the November 15, 2024, issue of the Texas Register (49 TexReg 9220). Due to an error by the Department of Savings and Mortgage Lending in submitting the rules, the first paragraph of the preamble contained information for a different adopted rulemaking.
The correct text for the first paragraph of the preamble is as follows:
The Finance Commission of Texas (commission), on behalf of the Department of Savings and Mortgage Lending (SML), adopts the repeal of all preexisting rules in 7 TAC Chapter 79: §§79.1 - 79.5, 79.20, 79.30, 79.40, and 79.50. The commission's proposal was published in the September 6, 2024, issue of the Texas Register (49 TexReg 6943). The rules are adopted without changes to the published text and will not be republished.
TRD-202405638
Iain A. Berry
General Counsel
Department of Savings and Mortgage Lending
Filed: November 20, 2024
Final Approval of Amendments to Texas Rule of Civil Procedure 194 (.pdf)
TRD-202405513
Jaclyn Daumerie
Rules Attorney
Supreme Court of Texas
Filed: November 13, 2024
TRD-202405514
Jaclyn Daumerie
Rules Attorney
Supreme Court of Texas
Filed: November 13, 2024
TRD-202405618
Jaclyn Daumerie
Rules Attorney
Supreme Court of Texas
Filed: November 19, 2024
Notice for 2022 State Water Plan Amendment Adoption
Notice of Intent to Adopt Amendment
The Texas Water Development Board (TWDB) will consider the adoption of an amendment to the 2022 State Water Plan at its regularly scheduled Board meeting in January, 2025. Please see the TWDB website for information on that meeting: https://www.twdb.texas.gov/.
The state water plan amendment under consideration includes amendments to the Region B, F, G, and M 2021 Regional Water Plans that were adopted by the regions to remove infeasible water management strategies. The state water plan amendment also includes amendments to the Region G, H, and L 2021 Regional Water Plans that were adopted by the regions to add water management strategies and projects in order for those projects to be eligible for funding the State Water Implementation Fund for Texas. The amendments to the 2021 Regional Water Plans were approved by the Board at the August 15, 2024 and November 6, 2024 TWDB Board meetings, along with approval to conduct the public hearing for the associated state water plan amendment.
The TWDB will conduct a public hearing in accordance with Texas Water Code §16.053(h) and 31 Texas Administrative Code §§357.51(h), and 358.4(a) on December 18, 2024, to receive public comment on a proposed amendment to the 2022 State Water Plan, Water for Texas 2022. The hearing will begin at 2:30 p.m. in Room 170, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas 78701.
Interested persons are encouraged to attend the public hearing to present comments concerning the proposed amendment. Those who cannot attend the hearings may provide written comments on or before December 18, 2024, to Mr. Ashley Harden, General Counsel, Texas Water Development Board, P.O. Box 13231, Capitol Station, Austin, Texas 78711 or by email to PUBLIC-COMMENT@twdb.texas.gov. The TWDB will receive public comment on the proposed amendment until close of business at 5 p.m. on December 18, 2024.
All public comments should be sent directly to PUBLIC-COMMENT@twdb.texas.gov. Please do not submit comments through any third-party forms and/or websites. Receipt of third-party submissions cannot be guaranteed.
A copy of the proposed amendment is available on the TWDB's website at https://www.twdb.texas.gov/waterplanning/swp/2022/index.asp.
TRD-202405602
Ashley Harden
General Counsel
Texas Water Development Board
Filed: November 18, 2024