Office of Consumer Credit Commissioner plicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for Notice of Rate Ceilings each AO at the commission's central office at P.O. Box 13087, Austin, The Consumer Credit Commissioner of Texas has ascertained the fol- Texas 78711-3087 and must be received by 5:00 p.m. on Septem- lowing rate ceilings by use of the formulas and methods described in ber 14, 2021. Written comments may also be sent by facsimile ma- §§303.003, 303.005 and 303.009, Texas Finance Code. chine to the enforcement coordinator at (512) 239-2550. The commis- sion's enforcement coordinators are available to discuss the AOs and/or The weekly ceiling as prescribed by §303.003 and §303.009 the comment procedure at the listed phone numbers; however, TWC, for the period of 08/09/21 - 08/15/21 is 18% for Con- §7.075, provides that comments on the AOs shall be submitted to the 1 2 sumer /Agricultural/Commercial credit through $250,000. commission in writing. The weekly ceiling as prescribed by §303.003 and §303.009 for the (1) COMPANY: Beard's Exxon LLC; DOCKET NUMBER: period of 08/09/21 - 08/15/21 is 18% for Commercial over $250,000. 2021-0267-PST-E; IDENTIFIER: RN101910206; LOCATION: Lin- The monthly ceiling as prescribed by §303.005 and §303.0093 for the den, Cass County; TYPE OF FACILITY: out-of-service underground period of 08/01/21 - 08/31/21 is 18% or Consumer/Agricultural/Com- storage tank facility; RULES VIOLATED: 30 TAC §334.7(d)(1) and mercial credit through $250,000. (3)(B) and (e)(2), by failing to notify the agency of changes to the underground storage tank (UST) system by submitting an amended The monthly ceiling as prescribed by §303.005 and §303.009 for the registration within 30 days of the change, and failing to accurately period of 08/01/21 - 08/31/21 is 18% for Commercial over $250,000. fill out the UST registration form; 30 TAC §§334.49(c)(2)(C), 1 Credit for personal, family or household use. 334.50(b)(1)(A), and 334.54(b)(2) and (3), and (c)(1) and TWC, §26.3475 (c)(1) and (d), by failing to inspect the impressed current ca- 2 Credit for business, commercial, investment or other similar purpose. thodic protection system at least once every 60 days to ensure that the 3 For variable rate commercial transactions only. rectifier and other system components are operating properly, andfail- ing to monitor the out-of-service USTs in a manner which will detect a TRD-202103021 release at a frequency of at least once every 30 days, and furthermore, Leslie L. Pettijohn failing to secure the UST system to prevent access, tampering, or Commissioner vandalism by unauthorized persons; and 30 TAC §334.602(a), by Office of Consumer Credit Commissioner failing to designate, train, and certify at least one named individual Filed: August 3, 2021 for each class of operator, Class A, Class B, and Class C for the facility; PENALTY: $7,376; ENFORCEMENT COORDINATOR: ♦ ♦ ♦ John Fennell, (512) 239-2616; REGIONAL OFFICE: 2916 Teague Texas Commission on Environmental Quality Drive, Tyler, Texas 75701-3734, (903) 535-5100. Agreed Orders (2) COMPANY: BlueLinx Corporation; DOCKET NUMBER: 2020-1185-PST-E; IDENTIFIER: RN102827417; LOCATION: San The Texas Commission on Environmental Quality (TCEQ, agency, or Antonio, Bexar County; TYPE OF FACILITY: fleet refueling facility; commission) staff is providing an opportunity for written public com- RULES VIOLATED: 30 TAC §334.42(i) and TWC, §26.3475(c)(2), ment on the listed Agreed Orders (AOs) in accordance with Texas Wa- by failing to inspect all sumps, manways, overspill containers, and ter Code, (TWC), §7.075. TWC, §7.075, requires that before the com- catchment basins of an underground storage tank system at least once mission may approve the AOs, the commission shall allow the pub- every 60 days to assure that their sides, bottoms, and any penetration lic an opportunity to submit written comments on the proposed AOs. points are maintained liquid-tight and free of any liquid or debris; 30 TWC, §7.075, requires that notice of the proposed orders and the op- TAC §334.50(d)(1)(B)(ii) and TWC, §26.3475(c)(1), by failing to portunity to comment must be published in the Texas Register no later conduct reconciliation of detailed inventory control records at least than the 30th day before the date on which the public comment pe- once every 30 days in a manner sufficiently accurate to detect a release riod closes, which in this case is September 14, 2021. TWC, §7.075, as small as the sum of 1.0% of the total substance flow-through for the also requires that the commission promptly consider any written com- 30-day period plus 130 gallons; 30 TAC §334.72, by failing to report ments received and that the commission may withdraw or withhold a suspected release to the TCEQ within 24 hours of discovery; and approval of an AO if a comment discloses facts or considerations that 30 TAC §334.74, by failing to investigate and confirm all suspected indicate that consent is inappropriate, improper, inadequate, or incon- releases of regulated substances requiring reporting under 30 TAC sistent with the requirements of the statutes and rules within the com- §334.72 within 30 days; PENALTY: $20,403; ENFORCEMENT CO- mission's jurisdiction or the commission's orders and permits issued in ORDINATOR: Karolyn Kent, (512) 239-2536; REGIONAL OFFICE: accordance with the commission's regulatory authority. Additional no- 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096. tice of changes to a proposed AO is not required to be published if those changes are made in response to written comments. (3) COMPANY: Channing Volunteer Fire & EMS Depart- ment; DOCKET NUMBER: 2021-0300-MSW-E; IDENTIFIER: A copy of each proposed AO is available for public inspection at both RN111145876; LOCATION: Channing, Hartley County; TYPE OF the commission's central office, located at 12100 Park 35 Circle, Build- FACILITY: unauthorized municipal solid waste site; RULE VIO- ing C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the ap-

IN ADDITION August 13, 2021 46 TexReg 5077 LATED: 30 TAC §330.15(a) and (c), by failing to not cause, suffer, during the third quarter of 2020; 30 TAC §290.117(c)(2)(A), (h), and allow, or permit the unauthorized disposal of municipal solid waste; (i)(1), by failing to collect lead and copper tap samples at the required PENALTY: $1,250; ENFORCEMENT COORDINATOR: Courtney 20 sample sites, have the samples analyzed, and report the results Atkins, (512) 239-1118; REGIONAL OFFICE: 3918 Canyon Drive, to the ED director for the July 1, 2018 - June 30, 2020, monitoring Amarillo, Texas 79109-4933, (806) 353-9251. periods; and 30 TAC §290.117(n), by failing to comply with the additional sampling requirements as required by the ED to ensure that (4) COMPANY: CITGO Refining and Chemicals Company minimal levels of corrosion are maintained in the distribution system; L.P.; DOCKET NUMBER: 2020-1175-AIR-E; IDENTIFIER: PENALTY: $18,834; ENFORCEMENT COORDINATOR: Amanda RN102555166; LOCATION: Corpus Christi, Nueces County; TYPE Conner, (512) 676-7487; REGIONAL OFFICE: 3870 Eastex Freeway, OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC Beaumont, Texas 77703-1830, (409) 898-3838. §§101.20(3), 111.111(a)(1)(B), 116.115(c), and 122.143(4), New Source Review Permit Numbers 3123A, 9604A, 19044, and 20156 (9) COMPANY: City of Seadrift; DOCKET NUMBER: 2020-0890- and PSDTX653M1, Special Conditions Number 1, Federal Operating MWD-E; IDENTIFIER: RN101920627; LOCATION: Seadrift, Cal- Permit Number O1423, General Terms and Conditions and Special houn County; TYPE OF FACILITY: wastewater treatment facility; Terms and Conditions Number 28, and Texas Health and Safety RULES VIOLATED: 30 TAC §217.33(a) and §305.125(1) and Texas Code, §382.085(b), by failing to prevent unauthorized emissions; Pollutant Discharge Elimination System (TPDES) Permit Number PENALTY: $28,876; ENFORCEMENT COORDINATOR: Macken- WQ0010822001, Monitoring Requirements Number 5, by failing zie Mehlmann, (512) 239-2572; REGIONAL OFFICE: 6300 Ocean to have automatic flow measuring devices accurately calibrated Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100. by a trained person at plant start-up and thereafter not less often than annually; 30 TAC §305.125(1) and TPDES Permit Number (5) COMPANY: City of Burkburnett; DOCKET NUMBER: WQ0010822001, Monitoring and Reporting Requirements Number 2020-1583-MWD-E; IDENTIFIER: RN105767453; LOCATION: 7.c, by failing to report to the TCEQ in writing, any effluent violation Burkburnett, Wichita County; TYPE OF FACILITY: wastewater which deviates from the permitted effluent limitation by more than treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, 40% within five working days of becoming aware of noncompli- §26.121(a)(1), and Texas Pollutant Discharge Elimination System ance; 30 TAC §305.125(1) and §319.6 and TPDES Permit Number Permit Number WQ0010002001, Effluent Limitations and Monitoring WQ0010822001, Monitoring and Reporting Requirements Number 1, Requirements Number 1, by failing to comply with permitted effluent by failing to assure the quality of all measurements through the use of limitations; PENALTY: $4,500; ENFORCEMENT COORDINATOR: blanks, standards, duplicates, and spikes; 30 TAC §305.125(1) and (4), Ellen Ojeda, (512) 239-2581; REGIONAL OFFICE: 1977 Industrial TWC, §26.121(a)(1), and TPDES Permit Number WQ0010822001, Boulevard, Abilene, Texas 79602-7833, (325) 698-9674. Permit Conditions Number 2.d, by failing to take all reasonable steps (6) COMPANY: City of Cresson; DOCKET NUMBER: 2020-1610- to minimize or prevent any discharge or sludge use or disposal or MWD-E; IDENTIFIER: RN105239354; LOCATION: Cresson, other permit violation that has a reasonable likelihood of adversely Hood County; TYPE OF FACILITY: wastewater treatment facility; affecting human health or the environment; 30 TAC §305.125(1) RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and (5) and TPDES Permit Number WQ0010822001, Operational and Texas Pollutant Discharge Elimination System Permit Number Requirements Number 1, by failing to ensure that the facility and all of WQ0014805001, Interim I Effluent Limitations and Monitoring its systems of collection, treatment, and disposal are properly operated Requirements Numbers 1 and 6, by failing to comply with permitted and maintained; 30 TAC §305.125(1) and (5), TWC, §26.121(a)(1), effluent limitations; PENALTY: $4,125; ENFORCEMENT COOR- and TPDES Permit Number WQ0010822001, Permit Conditions DINATOR: Alyssa Loveday, (512) 239-5504; REGIONAL OFFICE: Number 2(g), by failing to prevent an unauthorized discharge of 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800. sewage into or adjacent to any water in the state; 30 TAC §319.7(a), by failing to maintain records for each measurement or sample taken; (7) COMPANY: City of Hackberry; DOCKET NUMBER: 30 TAC §319.11(a) and (b), by failing to conduct sample collection 2020-1496-MWD-E; IDENTIFIER: RN102077054; LOCATION: according to the recommended sampling and testing methods; and Hackberry, Denton County; TYPE OF FACILITY: wastewater treat- 30 TAC §319.11(c), by failing to comply with recommended sam- ment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, pling and testing methods; PENALTY: $54,865; SUPPLEMENTAL §26.121(a)(1), and Texas Pollutant Discharge Elimination System ENVIRONMENTAL PROJECT OFFSET AMOUNT: $43,892; EN- Permit Number WQ0013434001, Effluent Limitations and Monitoring FORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; Requirements Number 1, by failing to comply with permitted effluent REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, limitations; PENALTY: $43,937; ENFORCEMENT COORDINA- Texas 78412-5839, (361) 825-3100. TOR: Ellen Ojeda, (512) 239-2581; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800. (10) COMPANY: Eastman Chemical Company; DOCKET NUM- BER: 2020-1040-AIR-E; IDENTIFIER: RN100219815; LOCATION: (8) COMPANY: City of Huntington; DOCKET NUMBER: Longview, Harrison County; TYPE OF FACILITY: organic chemical 2020-1548-PWS-E; IDENTIFIER: RN101184638; LOCATION: manufacturing plant; RULES VIOLATED: 30 TAC §116.115(c) and Huntington, Angelina County; TYPE OF FACILITY: public water §122.143(4), New Source Review Permit Numbers 48588 and 48590, supply; RULES VIOLATED: 30 TAC §290.109(d)(4)(B), by failing to Special Conditions Number 1, Federal Operating Permit Number collect, within 24 hours of notification of the routine distribution total O1979, General Terms and Conditions and Special Terms and Con- coliform-positive samples on May 28, 2020 and August 25, 2020, at ditions Number 15, and Texas Health and Safety Code, §382.085(b), least one raw groundwater source Escherichia coli (or other approved by failing to prevent unauthorized emissions; PENALTY: $7,350; fecal indicator) sample from each active groundwater source in use ENFORCEMENT COORDINATOR: Amanda Diaz, (713) 422-8912; at the time the distribution coliform-positive samples were collected; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, 30 TAC §290.115(e)(2), by failing to conduct an operation evaluation (903) 535-5100. and submit a written operation evaluation report to the executive director (ED) within 90 days after being notified of analytical results (11) COMPANY: Enterprise Products Operating LLC; DOCKET that caused an exceedance of the operational evaluation level for NUMBER: 2020-1161-AIR-E; IDENTIFIER: RN102323268; LO- total trihalomethanes for Stage 2 Disinfection Byproducts at Site 1 CATION: Mont Belvieu, Chambers County; TYPE OF FACILITY:

46 TexReg 5078 August 13, 2021 Texas Register energy production plant; RULES VIOLATED: 30 TAC §§116.115(c), acceptable financial assurance for taking corrective action andfor 116.615(2), and 122.143(4), Standard Permit Registration Num- compensating third parties for bodily injury and property damage ber 95777, New Source Review Permit Number 144873, Special caused by accidental releases arising from the operation of petroleum Conditions Number 1, Federal Operating Permit Numbers O1641 underground storage tanks; PENALTY: $1,927; ENFORCEMENT and O4187, General Terms and Conditions and Special Terms and COORDINATOR: Karolyn Kent, (512) 239-2536; REGIONAL OF- Conditions Numbers 11 and 19, and Texas Health and Safety Code, FICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) §382.085(b), by failing to prevent unauthorized emissions; PENALTY: 767-3500. $14,625; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFF- (16) COMPANY: MUNISHA, INCORPORATED dba Grab All Drive SET AMOUNT: $5,850; ENFORCEMENT COORDINATOR: Yuliya Inn Grocery; DOCKET NUMBER: 2021-0304-PST-E; IDENTIFIER: Dunaway, (210) 403-4077; REGIONAL OFFICE: 5425 Polk Street, RN101823995; LOCATION: Santa Fe, Galveston County; TYPE OF Suite H, Houston, Texas 77023-1452, (713) 767-3500. FACILITY: convenience store with retail sales of gasoline; RULES (12) COMPANY: Fairview Gardens Developments, LLC; DOCKET VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), NUMBER: 2021-0305-PWS-E; IDENTIFIER: RN103786448; LO- by failing to monitor the underground storage tanks for releases in a CATION: Jersey Village, Harris County; TYPE OF FACILITY: manner that will detect a release at a frequency of at least once every public water supply; RULES VIOLATED: 30 TAC §290.42(b)(6), by 30 days; PENALTY: $4,575; ENFORCEMENT COORDINATOR: failing to provide sampling taps for raw water, treated water, and at John Fennell, (512) 239-2616; REGIONAL OFFICE: 5425 Polk a point representing water entering the distribution system at every Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500. entry point; 30 TAC §290.46(f)(2) and (3)(A)(iv), and (B)(v), by (17) COMPANY: SIDDIQUE USA, INCORPORATED dba Alto failing to maintain water works operation and maintenance records Quick Stop; DOCKET NUMBER: 2020-1220-PST-E; IDENTIFIER: and make them readily available for review by the executive director RN102399375; LOCATION: Alto, Cherokee County; TYPE OF upon request; 30 TAC §290.46(n)(1), by failing to maintain at the FACILITY: convenience store with retail sales of gasoline; RULES public water system accurate and up-to-date detailed as-built plans VIOLATED: 30 TAC §334.49(c)(4)(C) and TWC, §26.3475(d), by or record drawings and specifications for each treatment plant, pump failing to inspect and test the corrosion protection system for operabil- station, and storage tank until the facility is decommissioned; 30 ity and adequacy of protection at a frequency of at least once every TAC §290.46(n)(2), by failing to make available an accurate and three years; and 30 TAC §334.50(b)(2) and (d)(1)(B)(ii) and TWC, up-to-date map of the distribution system so that valves and mains §26.3475(a) and (c)(1), by failing to conduct reconciliation of detailed can be easily located during emergencies; and 30 TAC §290.46(n)(3), inventory control records at least once every 30 days in a manner by failing to keep on file copies of well completion data as defined in sufficiently accurate to detect a release as small as the sum of1.0% 30 TAC §290.41(c)(3)(A) for as long as the well remains in service; the total substance flow-through for the 30-day period plus 130 gal- PENALTY: $250; ENFORCEMENT COORDINATOR: Samantha lons, and failing to provide release detection for the pressurized piping Salas, (512) 239-1543; REGIONAL OFFICE: 5425 Polk Street, Suite associated with the underground storage tank system; PENALTY: H, Houston, Texas 77023-1452, (713) 767-3500. $8,063; ENFORCEMENT COORDINATOR: Hailey Johnson, (512) (13) COMPANY: Freeport LNG Development, L.P.; DOCKET NUM- 239-1756; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas BER: 2021-0284-AIR-E; IDENTIFIER: RN103196689; LOCATION: 75701-3734, (903) 535-5100. Quintana, Brazoria County; TYPE OF FACILITY: natural gas liq- (18) COMPANY: Smith County; DOCKET NUMBER: 2021-0297- uefaction facility; RULES VIOLATED: 30 TAC §116.115(c) and WQ-E; IDENTIFIER: RN105481261; LOCATION: Tyler, Smith §122.143(4), New Source Review Permit Number 100114, Special County; TYPE OF FACILITY: municipal separate storm sewer sys- Conditions Number 1, Federal Operating Permit Number O2878, tem; RULES VIOLATED: 30 TAC §305.125(1) and Texas Pollutant General Terms and Conditions and Special Terms and Conditions Discharge Elimination System General Permit Number TXR040040, Number 13, and Texas Health and Safety Code, §382.085(b), by Part IV, Section B(2), by failing to submit a concise annual report to failing to prevent unauthorized emissions; PENALTY: $2,626; EN- the executive director within 90 days of the end of each reporting year; FORCEMENT COORDINATOR: Alyssa Loveday, (512) 239-5504; PENALTY: $1,125; ENFORCEMENT COORDINATOR: Stephanie REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas Frederick, (512) 239-1001; REGIONAL OFFICE: 2916 Teague Drive, 77023-1452, (713) 767-3500. Tyler, Texas 75701-3734, (903) 535-5100. (14) COMPANY: J. H. STRAIN & SONS, INCORPORATED; (19) COMPANY: Texas TransEastern, Incorporated; DOCKET NUM- DOCKET NUMBER: 2021-0153-PST-E; IDENTIFIER: BER: 2020-1281-WQ-E; IDENTIFIER: RN107503336; LOCATION: RN102432564; LOCATION: Tye, Taylor County; TYPE OF Grand Prairie, Dallas County; TYPE OF FACILITY: petroleum prod- FACILITY: fleet refueling facility; RULES VIOLATED: 30TAC uct transportation; RULE VIOLATED: TWC, §26.121(a)(1), by failing §334.10(b)(2), by failing to assure that all underground storage tank to prevent an unauthorized discharge of industrial waste into or adja- (UST) recordkeeping requirements are met; and 30 TAC §334.50(b)(1) cent to any water in the state; PENALTY: $22,500; SUPPLEMENTAL and (2)(A) and (B)(i)(II) and TWC, §26.3475(b) and (c)(1), by failing ENVIRONMENTAL PROJECT OFFSET AMOUNT: $11,250; EN- to monitor the USTs for releases in a manner that will detect a release FORCEMENT COORDINATOR: Alyssa Loveday, (512) 239-5504; at a frequency of at least once every 30 days, and failing to monitor REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118- the suction piping associated with the UST system at least once every 6951, (817) 588-5800. 30 days; PENALTY: $4,800; ENFORCEMENT COORDINATOR: John Fennell, (512) 239-2616; REGIONAL OFFICE: 1977 Industrial (20) COMPANY: Veolia ES Technical Solutions, L.L.C.; DOCKET Boulevard, Abilene, Texas 79602-7833, (325) 698-9674. NUMBER: 2021-0233-AIR-E; IDENTIFIER: RN102599719; LO- CATION: Port Arthur, Jefferson County; TYPE OF FACILITY: (15) COMPANY: MICRO STAR, INCORPORATED dba Power hazardous waste treatment and disposal site; RULES VIOLATED: 30 Mart 3; DOCKET NUMBER: 2021-0302-PST-E; IDENTIFIER: TAC §§101.20(3), 113.620, 116.115(b)(2)(F) and (c), and 122.143(4), RN102494275; LOCATION: League City, Galveston County; TYPE 40 Code of Federal Regulations §63.1209(g)(2), New Source Review OF FACILITY: convenience store with retail sales of gasoline; RULES Permit Number 42450, Special Conditions Numbers 1 and 13, Federal VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate Operating Permit Number O1509, General Terms and Conditions

IN ADDITION August 13, 2021 46 TexReg 5079 and Special Terms and Conditions Numbers 1.A and 15, and Texas Charmaine Backens Health and Safety Code, §382.085(b), by failing to comply with the Deputy Director, Litigation maximum allowable emissions rate; PENALTY: $8,550; SUPPLE- Texas Commission on Environmental Quality MENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: Filed: August 3, 2021 $3,420; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, ♦ ♦ ♦ Texas 77703-1830, (409) 898-3838. Notice of District Petition TRD-202103017 Notice issued July 29, 2021 Charmaine Backens Deputy Director, Litigation TCEQ Internal Control No. D-06242021-036; Huffines Ranch, LLC, Texas Commission on Environmental Quality a Texas limited liability company (Petitioner), filed a petition for the Filed: August 3, 2021 creation of North Collin County Municipal Utility District No. 1 (Dis- trict) with the Texas Commission on Environmental Quality (TCEQ). ♦ ♦ ♦ The petition was filed pursuant to Article XVI, Section 59 of theCon- Notice of Correction to 30 TAC Chapter 335 Proposed stitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural Amendments and Notice of Public Hearing rules of the TCEQ. The petition states that: (1) the Petitioner holds ti- Notice of Correction to 30 TAC Chapter 335 Proposed Amend- tle to a majority in value of the land to be included in the proposed ments and Notice of Public Hearing District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approxi- The Texas Commission on Environmental Quality (commission) pub- mately 662.006 acres located within Collin County, Texas; and (4) none lished proposed amendments to 30 TAC Chapter 335 and a Notice of of the land within the proposed District is within the corporate limits Public Hearing on 30 TAC Chapter 335 in the July 30, 2021, issue of of any city. The petition further states that the proposed District will: the Texas Register (46 TexReg 4586, 4729). The preamble and notice (1) purchase, construct, acquire, improve, or extend inside or outside incorrectly list the Rule Project Number for submittal of comments as of its boundaries any and all works, improvements, facilities, plants, 2021-006-332-WS rather than 2019-086-335-WS. Errors are as sub- equipment, and appliances necessary or helpful to supply and distrib- mitted by the commission and should be corrected as follows: ute water from municipal, domestic and commercial purposes; (2) col- On page 4603 of the proposed preamble, in the Submittal of Com- lect, transport, process, dispose of and control domestic, and commer- ments section, the sentence should read: All comments should refer- cial wastes; (3) gather, conduct, divert, abate, amend, and control local ence Rule Project Number 2019-086-335-WS. The comment period storm water or other local harmful excesses of water in the proposed closes August 30, 2021. District; (4) design, acquire, construct, finance, improve, operate, and maintain macadamized, graveled, or paved roads and turnpikes or im- On page 4729 of the Notice of Public Hearing, the listed proposed provements in aid of those roads; and (5) purchase, construct, acquire, amendments in the first sentence should include 335.503, rather than improve, or extend inside or outside of its boundaries such additional 33.503. facilities, systems, plants, and enterprises as shall be consonant with On page 4729 of the Notice of Public Hearing, in the Submittal of the purposes for which the proposed District is created. According to Comments section, the sentence should read: All comments should the petition, a preliminary investigation has been made to determine reference Rule Project Number 2019-086-335-WS. The comment the cost of the project and it is estimated by the Petitioners that the cost period closes August 30, 2021. of said project will be approximately $157,660,000 ($72,690,000 for water, wastewater, and drainage plus $84,970,000 for roads). For questions concerning this error, please contact Gwen Ricco at (512) 239-2678. INFORMATION SECTION TRD-202103032 To view the complete issued notice, view the notice on our website Patricia Duron at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of Program Supervisor, General Law Division the Chief Clerk at (512) 239-3300 to obtain a copy of the complete Texas Commission on Environmental Quality notice. When searching the web site, type in the issued date range Filed: August 3, 2021 shown at the top of this document to obtain search results. The TCEQ may grant a contested case hearing on the petition if a writ- ♦ ♦ ♦ ten hearing request is filed within 30 days after the newspaper pub- Notice of Correction to Agreed Order Number 18 lication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an In the April 23, 2021, issue of the Texas Register (46 TexReg 2842), the official representative), mailing address, daytime phone number, and Texas Commission on Environmental Quality (commission) published fax number, if any; (2) the name of the Petitioner and the TCEQ Inter- notice of Agreed Orders, specifically Item Number 18, for SJWTX, In- nal Control Number; (3) the statement "I/we request a contested case corporated dba Canyon Lake Water Service Company, Docket Number hearing"; (4) a brief description of how you would be affected by the 2020-0514-MWD-E. The error is as submitted by the commission. petition in a way not common to the general public; and (5) the lo- The reference to the Docket Number should be corrected to read: cation of your property relative to the proposed District's boundaries. "2020-0514-MLM-E." You may also submit your proposed adjustments to the petition. Re- quests for a contested case hearing must be submitted in writing to the For questions concerning this error, please contact Michael Parrish at Office of the Chief Clerk at the address provided in the information (512) 239-2548. section below. The Executive Director may approve the petition un- TRD-202103018 less a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing re-

46 TexReg 5080 August 13, 2021 Texas Register quest is filed, the Executive Director will not approve the petition and will be deemed admitted as true, and the relief sought in the no- will forward the petition and hearing request to the TCEQ Commis- tice of hearing may be granted by default. The specific allegations sioners for their consideration at a scheduled Commission meeting. If included in the notice are those set forth in the Executive Direc- a contested case hearing is held, it will be a legal proceeding similar tor's Preliminary Report and Petition, attached hereto and incor- to a civil trial in state district court. Written hearing requests should porated herein for all purposes. Billy Kizer, the Executive Director be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. of the Commission, and the Commission's Public Interest Counsel are Box 13087, Austin, Texas 78711-3087. For information concerning the only designated parties to this proceeding. the hearing process, please contact the Public Interest Counsel, MC Legal Authority: Tex. Water Code §7.054, Tex. Water Code ch. 7, Tex. 103, at the same address. For additional information, individual mem- Health & Safety Code ch. 361, and 30 Texas Administrative Code chs. bers of the general public may contact the Districts Review Team, at 70 and 330; Tex. Water Code §7.058, and the Rules of Procedure of (512) 239-4691. Si desea información en español, puede llamar al the Texas Commission on Environmental Quality and the State Office (512) 239-0200. General information regarding TCEQ can be found of Administrative Hearings, including 30 Texas Administrative Code at our website at www.tceq.texas.gov. §70.108 and §70.109 and ch. 80, and 1 Texas Administrative Code ch. TRD-202102926 155. Laurie Gharis Further information regarding this hearing may be obtained by con- Chief Clerk tacting Jess Robinson, Staff Attorney, Texas Commission on Environ- Texas Commission on Environmental Quality mental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Filed: July 29, 2021 Austin, Texas 78711-3087, telephone (512) 239-3400. Information ♦ ♦ ♦ concerning your participation in this hearing may be obtained by con- tacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the Notice of Public Hearing on Assessment of Administrative same P.O. Box address given above, or by telephone at (512) 239-6363. Penalties and Requiring Certain Actions of Billy Kizer: Any document filed prior to the hearing must be filed with SOAH Docket No. 582-21-2875; TCEQ Docket No. TCEQ's Office of the Chief Clerk and SOAH. Documents filed 2020-0083-MSW-E with the Office of the Chief Clerk may be filed electronically at The Texas Commission on Environmental Quality (TCEQ or the Com- www.tceq.texas.gov/goto/efilings or sent to the following address: mission) has referred this matter to the State Office of Administrative TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box13087, Hearings (SOAH). An Administrative Law Judge with the State Office Austin, Texas 78711-3087. Documents filed with SOAH may be of Administrative Hearings will conduct a public hearing via Zoom filed via fax at (512) 322-2061 or sent to the following address: videoconference at: SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When contacting the Commission or SOAH regarding this matter, 10:00 a.m. - September 2, 2021 reference the SOAH docket number given at the top of this notice. To join the Zoom meeting via computer: In accordance with 1 Texas Administrative Code §155.401(a), No- https://soah-texas.zoomgov.com/ tice of Hearing, "Parties that are not represented by an attorney may obtain information regarding contested case hearings on the Meeting ID: 161 429 5288 public website of the State Office of Administrative Hearings at Password: z6gsMu www.soah.texas.gov, or in printed format upon request to SOAH." or Persons who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-3445, at least one week To join the Zoom meeting via telephone dial: before the hearing. +1 (669) 254-5252 Issued: August 3, 2021 Meeting ID: 161 429 5288 TRD-202103037 Password: 819771 Laurie Gharis Chief Clerk The purpose of the hearing will be to consider the Executive Director's Texas Commission on Environmental Quality Preliminary Report and Petition mailed March 26, 2021 concerning Filed: August 4, 2021 assessing administrative penalties against and requiring certain actions of Billy Kizer, for violations in Fannin County, Texas, of: 30 Texas ♦ ♦ ♦ Administrative Code §330.15(a) and (c). Notice of Public Hearing on Assessment of Administrative The hearing will allow Billy Kizer, the Executive Director, and the Penalties and Requiring Certain Actions of Diane Murray and Commission's Public Interest Counsel to present evidence on whether John Murray: SOAH Docket No. 582-21-2877; TCEQ Docket a violation has occurred, whether an administrative penalty should be No. 2020-0688-MLM-E assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford Billy The Texas Commission on Environmental Quality (TCEQ or the Com- Kizer, the Executive Director of the Commission, and the Commis- mission) has referred this matter to the State Office of Administrative sion's Public Interest Counsel an opportunity to negotiate and to es- Hearings (SOAH). An Administrative Law Judge with the State Office tablish a discovery and procedural schedule for an evidentiary hearing. of Administrative Hearings will conduct a public hearing via Zoom Unless agreed to by all parties in attendance at the preliminary hearing, videoconference at: an evidentiary hearing will not be held on the date of this preliminary 10:00 a.m. - September 2, 2021 hearing. Upon failure of Billy Kizer to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice To join the Zoom meeting via computer:

IN ADDITION August 13, 2021 46 TexReg 5081 https://soah-texas.zoomgov.com/ In accordance with 1 Texas Administrative Code §155.401(a), No- tice of Hearing, "Parties that are not represented by an attorney Meeting ID: 161 429 5288 may obtain information regarding contested case hearings on the Password: z6gsMu public website of the State Office of Administrative Hearings at www.soah.texas.gov, or in printed format upon request to SOAH." or Persons who need special accommodations at the hearing should call To join the Zoom meeting via telephone dial: the SOAH Docketing Department at (512) 475-3445, at least one week +1 (669) 254-5252 before the hearing. Meeting ID: 161 429 5288 Issued: August 3, 2021 Password: 819771 TRD-202103038 Laurie Gharis The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed March 23, 2021 concerning Chief Clerk assessing administrative penalties against and requiring certain actions Texas Commission on Environmental Quality of Diane Murray and John Murray, for violations in Galveston County, Filed: August 4, 2021 Texas, of: Texas Health & Safety Code §382.085(b) and 30 Texas Ad- ♦ ♦ ♦ ministrative Code §111.201 and §330.15(a) and (c). Notice of Public Hearing on Assessment of Administrative The hearing will allow Diane Murray and John Murray, the Executive Director, and the Commission's Public Interest Counsel to present ev- Penalties and Requiring Certain Actions of Hassan LLC dba idence on whether a violation has occurred, whether an administrative Cluebra Food Stop: SOAH Docket No. 582-21-2666; TCEQ penalty should be assessed, and the amount of such penalty, if any. The Docket No. 2021-0084-PST-E first convened session of the hearing will be to establish jurisdiction, The Texas Commission on Environmental Quality (TCEQ or the Com- afford Diane Murray and John Murray, the Executive Director of the mission) has referred this matter to the State Office of Administrative Commission, and the Commission's Public Interest Counsel an oppor- Hearings (SOAH). An Administrative Law Judge with the State Office tunity to negotiate and to establish a discovery and procedural schedule of Administrative Hearings will conduct a public hearing via Zoom for an evidentiary hearing. Unless agreed to by all parties in attendance videoconference at: at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of Diane Murray 10:00 a.m. - August 26, 2021 and John Murray to appear at the preliminary hearing or eviden- To join the Zoom meeting via computer: tiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may https://soah-texas.zoomgov.com/ be granted by default. The specific allegations included in the no- Meeting ID: 160 637 0022 tice are those set forth in the Executive Director's Preliminary Re- port and Petition, attached hereto and incorporated herein for all Password: irfNu6 purposes. Diane Murray and John Murray, the Executive Director of or the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding. To join the Zoom meeting via telephone dial: Legal Authority: Tex. Water Code §7.054 and ch. 7, Tex. Health & +1 (669) 254-5252 or (646) 828-7666 Safety Code chs. 361 and 382, and 30 Texas Administrative Code chs. Meeting ID: 160 637 0022 70, 111, and 330; Tex. Water Code §7.058, and the Rules of Proce- dure of the Texas Commission on Environmental Quality and the State Password: 873790 Office of Administrative Hearings, including 30 Texas Administrative The purpose of the hearing will be to consider the Executive Direc- Code §70.108 and §70.109 and ch. 80, and 1 Texas Administrative tor's Preliminary Report and Petition mailed March 19, 2021 concern- Code ch. 155. ing assessing administrative penalties against and requiring certain ac- Further information regarding this hearing may be obtained by con- tions of Hassan LLC dba Cluebra Food Stop, for violations in Bexar tacting David Keagle, Staff Attorney, Texas Commission on Environ- County, Texas, of: 30 Texas Administrative Code §§334.50(b)(1)(B), mental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, (b)(2)(A)(iii), and 334.602(a); and Texas Water Code §26.3475(c)(1) Austin, Texas 78711-3087, telephone (512) 239-3400. Information and (a). concerning your participation in this hearing may be obtained by con- The hearing will allow Hassan LLC dba Cluebra Food Stop, the Execu- tacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the tive Director, and the Commission's Public Interest Counsel to present same P.O. Box address given above, or by telephone at (512) 239-6363. evidence on whether a violation has occurred, whether an administra- Any document filed prior to the hearing must be filed with tive penalty should be assessed, and the amount of such penalty, if any. TCEQ's Office of the Chief Clerk and SOAH. Documents filed The first convened session of the hearing will be to establish jurisdic- with the Office of the Chief Clerk may be filed electronically at tion, afford Hassan LLC dba Cluebra Food Stop, the Executive Direc- www.tceq.texas.gov/goto/efilings or sent to the following address: tor of the Commission, and the Commission's Public Interest Counsel TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box13087, an opportunity to negotiate and to establish a discovery and procedural Austin, Texas 78711-3087. Documents filed with SOAH may be schedule for an evidentiary hearing. Unless agreed to by all parties filed via fax at (512) 322-2061 or sent to the following address: in attendance at the preliminary hearing, an evidentiary hearing will SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. not be held on the date of this preliminary hearing. Upon failure of When contacting the Commission or SOAH regarding this matter, Hassan LLC dba Cluebra Food Stop to appear at the preliminary reference the SOAH docket number given at the top of this notice. hearing or evidentiary hearing, the factual allegations in the notice

46 TexReg 5082 August 13, 2021 Texas Register will be deemed admitted as true, and the relief sought in the no- Meeting ID: 161 429 5288 tice of hearing may be granted by default. The specific allegations Password: z6gsMu included in the notice are those set forth in the Executive Direc- tor's Preliminary Report and Petition, attached hereto and incor- or porated herein for all purposes. Hassan LLC dba Cluebra Food Stop, To join the Zoom meeting via telephone dial: the Executive Director of the Commission, and the Commission's Pub- lic Interest Counsel are the only designated parties to this proceeding. +1 (669) 254-5252 Legal Authority: Tex. Water Code §7.054 and Tex. Water Code chs. 7 Meeting ID: 161 429 5288 and 26 and 30 Texas Administrative Code chs. 70 and 334; Tex. Water Password: 819771 Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hear- The purpose of the hearing will be to consider the Executive Director's ings, including 30 Texas Administrative Code §70.108 and §70.109 Preliminary Report and Petition mailed April 12, 2021, concerning as- and ch. 80, and 1 Texas Administrative Code ch. 155. sessing administrative penalties against and requiring certain actions of P.J. MORALES & ASSOCIATESREAL ESTATE,LLC, for violations Further information regarding this hearing may be obtained by con- in Medina County, Texas, of: 30 Texas Administrative Code §111.201, tacting Taylor Pearson, Staff Attorney, Texas Commission on Environ- §330.15(a) and (c), and Texas Health & Safety Code § 382.085(b). mental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information The hearing will allow P. J. MORALES & ASSOCIATES REAL ES- concerning your participation in this hearing may be obtained by con- TATE, LLC, the Executive Director, and the Commission's Public In- tacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the terest Counsel to present evidence on whether a violation has occurred, same P.O. Box address given above, or by telephone at (512) 239-6363. whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will Any document filed prior to the hearing must be filed with be to establish jurisdiction, afford P. J. MORALES & ASSOCIATES TCEQ's Office of the Chief Clerk and SOAH. Documents filed REAL ESTATE, LLC, the Executive Director of the Commission, and with the Office of the Chief Clerk may be filed electronically at the Commission's Public Interest Counsel an opportunity to negotiate www.tceq.texas.gov/goto/efilings or sent to the following address: and to establish a discovery and procedural schedule for an evidentiary TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box13087, hearing. Unless agreed to by all parties in attendance at the prelim- Austin, Texas 78711-3087. Documents filed with SOAH may be inary hearing, an evidentiary hearing will not be held on the date of filed via fax at (512) 322-2061 or sent to the following address: this preliminary hearing. Upon failure of P. J. MORALES & AS- SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. SOCIATES REAL ESTATE, LLC to appear at the preliminary When contacting the Commission or SOAH regarding this matter, hearing or evidentiary hearing, the factual allegations in the notice reference the SOAH docket number given at the top of this notice. will be deemed admitted as true, and the relief sought in the no- In accordance with 1 Texas Administrative Code §155.401(a), No- tice of hearing may be granted by default. The specific allegations tice of Hearing, "Parties that are not represented by an attorney included in the notice are those set forth in the Executive Direc- may obtain information regarding contested case hearings on the tor's Preliminary Report and Petition, attached hereto and incor- public website of the State Office of Administrative Hearings at porated herein for all purposes. P. J. MORALES & ASSOCIATES www.soah.texas.gov, or in printed format upon request to SOAH." REAL ESTATE, LLC, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated par- Persons who need special accommodations at the hearing should call ties to this proceeding. the SOAH Docketing Department at (512) 475-3445, at least one week before the hearing. Legal Authority: Tex. Water Code ch. 7, Tex. Health & Safety Code chs. 361 and 382, and 30 Texas Administrative Code chs. 70, 111, and Issued: July 29, 2021 330; Tex. Water Code §7.058, and the Rules of Procedure of the Texas TRD-202103039 Commission on Environmental Quality and the State Office of Admin- Laurie Gharis istrative Hearings, including 30 Texas Administrative Code §70.108 Chief Clerk and §70.109 and ch. 80, and 1 Texas Administrative Code ch. 155. Texas Commission on Environmental Quality Further information regarding this hearing may be obtained by con- Filed: August 4, 2021 tacting Roslyn Dubberstein, Staff Attorney, Texas Commission on En- ♦ ♦ ♦ vironmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Infor- Notice of Public Hearing on Assessment of Administrative mation concerning your participation in this hearing may be obtained Penalties and Requiring Certain Actions of P. J. MORALES by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, & ASSOCIATES REAL ESTATE, LLC: SOAH Docket No. at the same P.O. Box address given above, or by telephone at (512) 582-21-2863; TCEQ Docket No. 2020-1463-MLM-E 239-6363. The Texas Commission on Environmental Quality (TCEQ or the Com- Any document filed prior to the hearing must be filed with mission) has referred this matter to the State Office of Administrative TCEQ's Office of the Chief Clerk and SOAH. Documents filed Hearings (SOAH). An Administrative Law Judge with the State Office with the Office of the Chief Clerk may be filed electronically at of Administrative Hearings will conduct a public hearing via Zoom www.tceq.texas.gov/goto/efilings or sent to the following address: videoconference at: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box13087, Austin, Texas 78711-3087. Documents filed with SOAH may be 10:00 a.m. - September 2, 2021 filed via fax at (512) 322-2061 or sent to the following address: To join the Zoom meeting via computer: SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When contacting the Commission or SOAH regarding this matter, https://soah-texas.zoomgov.com/ reference the SOAH docket number given at the top of this notice.

IN ADDITION August 13, 2021 46 TexReg 5083 In accordance with 1 Texas Administrative Code §155.401(a), No- tiary hearing, the factual allegations in the notice will be deemed tice of Hearing, "Parties that are not represented by an attorney admitted as true, and the relief sought in the notice of hearing may may obtain information regarding contested case hearings on the be granted by default. The specific allegations included in the no- public website of the State Office of Administrative Hearings at tice are those set forth in the Executive Director's Preliminary Re- www.soah.texas.gov, or in printed format upon request to SOAH." port and Petition, attached hereto and incorporated herein for all purposes. REBEL CONTRACTORS, INC., the Executive Director of Persons who need special accommodations at the hearing should call the Commission, and the Commission's Public Interest Counsel are the the SOAH Docketing Department at (512) 475-3445, at least one week only designated parties to this proceeding. before the hearing. Legal Authority: Tex. Water Code §7.054, Tex. Water Code chs. 7 Issued: August 3, 2021 and 26, and 30 Texas Administrative Code chs. 70 and 305; Tex. Wa- TRD-202103040 ter Code §7.058, and the Rules of Procedure of the Texas Commission Laurie Gharis on Environmental Quality and the State Office of Administrative Hear- Chief Clerk ings, including 30 Texas Administrative Code §70.108 and §70.109 Texas Commission on Environmental Quality and ch. 80, and 1 Texas Administrative Code ch. 155. Filed: August 4, 2021 Further information regarding this hearing may be obtained by con- ♦ ♦ ♦ tacting Christopher Mullins, Staff Attorney, Texas Commission on En- vironmental Quality, Litigation Division, Mail Code 175, P.O. Box Notice of Public Hearing on Assessment of Administrative 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Infor- Penalties and Requiring Certain Actions of REBEL mation concerning your participation in this hearing may be obtained CONTRACTORS, INC.: SOAH Docket No. 582-21-2667; by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, TCEQ Docket No. 2019-1386-WQ-E at the same P.O. Box address given above, or by telephone at (512) 239-6363. The Texas Commission on Environmental Quality (TCEQ or the Com- mission) has referred this matter to the State Office of Administrative Any document filed prior to the hearing must be filed with Hearings (SOAH). An Administrative Law Judge with the State Office TCEQ's Office of the Chief Clerk and SOAH. Documents filed of Administrative Hearings will conduct a public hearing via Zoom with the Office of the Chief Clerk may be filed electronically at videoconference at: www.tceq.texas.gov/goto/efilings or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box13087, 10:00 a.m. - September 2, 2021 Austin, Texas 78711-3087. Documents filed with SOAH may be To join the Zoom meeting via computer: filed via fax at (512) 322-2061 or sent to the following address: SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. https://soah-texas.zoomgov.com/ When contacting the Commission or SOAH regarding this matter, Meeting ID: 161 823 1172 reference the SOAH docket number given at the top of this notice. Password: RebelSep2 In accordance with 1 Texas Administrative Code §155.401(a), No- tice of Hearing, "Parties that are not represented by an attorney or may obtain information regarding contested case hearings on the To join the Zoom meeting via telephone dial: public website of the State Office of Administrative Hearings at www.soah.texas.gov, or in printed format upon request to SOAH." +1 (669) 254-5252 Persons who need special accommodations at the hearing should call Meeting ID: 161 823 1172 the SOAH Docketing Department at (512) 475-3445, at least one week Password: 474059841 before the hearing. The purpose of the hearing will be to consider the Executive Direc- Issued: August 3, 2021 tor's Preliminary Report and Petition mailed March 29, 2021, con- TRD-202103041 cerning assessing administrative penalties against and requiring certain Laurie Gharis actions of REBEL CONTRACTORS, INC., for violations in Mont- Chief Clerk gomery County, Texas, of: Texas Water Code §26.121(a), 30 Texas Ad- Texas Commission on Environmental Quality ministrative Code §305.125(1), and Texas Pollutant Discharge Elimi- Filed: August 4, 2021 nation System ("TPDES") General Permit No. TXR15756U, Part II, Section E.3 and Part III, Sections F, G.1, and G.4. ♦ ♦ ♦ The hearing will allow REBEL CONTRACTORS, INC., the Executive Notice of Public Meeting for TPDES Permit for Municipal Director, and the Commission's Public Interest Counsel to present ev- Wastewater: New Permit No. WQ0015917001 idence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The APPLICATION. Green Valley Special Utility District, P.O. Box 99, first convened session of the hearing will be to establish jurisdiction, Marion, Texas 78124, has applied to the Texas Commission on Envi- afford REBEL CONTRACTORS, INC., the Executive Director of the ronmental Quality (TCEQ) for new Texas Pollutant Discharge Elimi- Commission, and the Commission's Public Interest Counsel an oppor- nation System (TPDES) Permit No. WQ0015917001, to authorize the tunity to negotiate and to establish a discovery and procedural schedule discharge of treated domestic wastewater at a daily average flow not for an evidentiary hearing. Unless agreed to by all parties in attendance to exceed 400,000 gallons per day. TCEQ received this application on at the preliminary hearing, an evidentiary hearing will not be held on August 31, 2020. the date of this preliminary hearing. Upon failure of REBEL CON- The facility will be located at 4060 Stapper Rd., Saint Hedwig, in Bexar TRACTORS, INC. to appear at the preliminary hearing or eviden- County, Texas 78152. The treated effluent will be discharged to Wom-

46 TexReg 5084 August 13, 2021 Texas Register ans Hollow Creek, thence to Martinez Creek, thence to the Lower Ci- public comment period to the Office of the Chief Clerk, TCEQ, Mail bolo Creek in Segment No. 1902 of the San Antonio River Basin. The Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or elec- unclassified receiving water use is limited aquatic life use for Womans tronically at https://www14.tceq.texas.gov/epic/eComment/. If you Hollow Creek. The designated uses for Segment No. 1902 are primary need more information about the permit application or the permitting contact recreation and high aquatic life use. In accordance with 30 process, please call the TCEQ Public Education Program, Toll Free, at Texas Administrative Code, section 307.5 and the TCEQ's Procedures (800) 687-4040. Si desea información en espańol, puede llamar (800) to Implement the Texas Surface Water Quality Standards (June 2010), 687-4040. General information about the TCEQ can be found at our an antidegradation review of the receiving waters was performed. A website at https://www.tceq.texas.gov. Tier 1 antidegradation review has preliminarily determined that ex- The permit application, Executive Director's preliminary decision, and isting water quality uses will not be impaired by this permit action. draft permit are available for viewing and copying at St. Hedwig City Numerical and narrative criteria to protect existing uses will be main- Hall, 13065 Farm-to-Market Road 1346, St. Hedwig, Texas. Further tained. This review has preliminarily determined that no water bod- information may also be obtained from Green Valley Special Utility ies with exceptional, high, or intermediate aquatic life uses are present District at the address stated above or by calling Mr. Pat Allen at (830) within the stream reach assessed; therefore, no Tier 2 degradation deter- 914-2330. mination is required. No significant degradation of water quality is ex- pected in water bodies with exceptional, high, or intermediate aquatic Persons with disabilities who need special accommodations at the life uses downstream, and existing uses will be maintained and pro- meeting should call the Office of the Chief Clerk at (512) 239-3300 tected. The preliminary determination can be reexamined and may be or (800) RELAY-TX (TDD) at least five business days prior to the modified if new information is received. This link to an electronic map meeting. of the site or facility's general location is provided as a public courtesy Issuance Date: August 03, 2021 and is not part of the application or notice. For the exact location, refer to the application. TRD-202103024 Laurie Gharis https://tceq.maps.arcgis.com/apps/webappviewer/in- dex.html?id=db5bac44afbc468bbddd360f8168250f&marker=- Chief Clerk 98.1904%2C29.4705&level=12 Texas Commission on Environmental Quality Filed: August 3, 2021 The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if ap- ♦ ♦ ♦ proved, would establish the conditions under which the facility must Notice of Receipt of Application and Intent to Obtain operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. Municipal Solid Waste Permit: Amendment Proposed Permit No. 1797B PUBLIC COMMENT/PUBLIC MEETING. A public meeting will be held and will consist of two parts, an Informal Discussion Period and Application. Sprint Fort Bend County Landfill, L.P., P.O. Box 940339, a Formal Comment Period. A public meeting is not a contested case Houston, in Harris County, Texas 77094, a waste management com- hearing under the Administrative Procedure Act. During the Informal pany, has applied to the Texas Commission on Environmental Quality Discussion Period, the public will be encouraged to ask questions of (TCEQ) for a permit amendment to authorize to increase the size and the applicant and TCEQ staff concerning the permit application. The waste disposal capacity of the facility to extend the site life and provide comments and questions submitted orally during the Informal Discus- for ongoing waste disposal needs of individuals, businesses, and com- sion Period will not be considered before a decision is reached on the munities in Fort Bend County and the surrounding areas. The facility is permit application and no formal response will be made. Responses located at 16007 West Bellfort Ave., Sugar Land, in Fort Bend County, will be provided orally during the Informal Discussion Period. Dur- Texas 77498. The TCEQ received this application on July 8, 2021. The ing the Formal Comment Period on the permit application, members permit application is available for viewing and copying at the Sugar of the public may state their formal comments orally into the official Land Branch Library, 550 Eldridge Road, Sugar Land, in Fort Bend record. A written response to all timely, relevant and material, or sig- County, Texas 77478, and may be viewed online at http://www.big- nificant comments will be prepared by the Executive Director. Allfor- gsandmathews.com/permits.php. The following link to an electronic mal comments will be considered before a decision is reached on the map of the site or facility's general location is provided as a public cour- permit application. A copy of the written response will be sent to each tesy and is not part of the application or notice: https://arcg.is/09j0X. person who submits a formal comment or who requested to be on the For exact location, refer to application. mailing list for this permit application and provides a mailing address. Additional Notice. TCEQ's Executive Director has determined the ap- Only relevant and material issues raised during the Formal Comment plication is administratively complete and will conduct a technical re- Period can be considered if a contested case hearing is granted on this view of the application. After technical review of the application is permit application. complete, the Executive Director may prepare a draft permit and will The Public Meeting is to be held: issue a preliminary decision on the application. Notice of the Appli- cation and Preliminary Decision will be published and mailed to those Tuesday, September 14, 2021 at 7:00 P.M. who are on the county-wide mailing list and to those who are on the Lubianski Dance Hall mailing list for this application. That notice will contain the deadline for submitting public comments. (Note: The Dance Hall is behind the Feed Store) Public Comment/Public Meeting. You may submit public comments or 13640 FM 1346 request a public meeting on this application. The purpose of a public St. Hedwig, Texas 78152 meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ will hold a public meeting if INFORMATION. Citizens are encouraged to submit written com- the Executive Director determines that there is a significant degree of ments anytime during the meeting or by mail before the close of the

IN ADDITION August 13, 2021 46 TexReg 5085 public interest in the application or if requested by a local legislator. A MC-105, P.O. Box 13087, Austin, Texas 78711-3087. Please be public meeting is not a contested case hearing. aware that any contact information you provide, including your name, phone number, email address and physical address will become part Opportunity for a Contested Case Hearing. After the deadline for of the agency's public record. For more information about this permit submitting public comments, the Executive Director will consider all application or the permitting process, please call the TCEQ's Public timely comments and prepare a response to all relevant and material, Education Program, Toll Free, at (800) 687-4040 or visit their website or significant public comments. Unless the application is directly at www.tceq.texas.gov/goto/pep. Si desea información en español, referred for a contested case hearing, the response to comments, and puede llamar al (800) 687-4040. the Executive Director's decision on the application, will be mailed to everyone who submitted public comments and to those persons Further information may also be obtained from Sprint Fort Bend who are on the mailing list for this application. If comments are County Landfill, L.P. at the address stated above or by calling Mr.Dan received, the mailing will also provide instructions for requesting Harris, P.E., Engineering and Compliance Manager at (281) 277-7344. reconsideration of the Executive Director's decision and for requesting TRD-202102966 a contested case hearing. A person who may be affected by the facility Laurie Gharis is entitled to request a contested case hearing from the commission. A contested case hearing is a legal proceeding similar to a civil trial in Chief Clerk state district court. Texas Commission on Environmental Quality Filed: July 30, 2021 To Request a Contested Case Hearing, You Must Include The Follow- ing Items in Your Request: your name, address, phone number; appli- ♦ ♦ ♦ cant's name and permit number; the location and distance of your prop- Texas Facilities Commission erty/activities relative to the facility; a specific description of how you would be adversely affected by the facility in a way not common to the Request for Proposals (RFP) #303-3-20716 general public; a list of all disputed issues of fact that you submit dur- The Texas Facilities Commission (TFC), on behalf of the Department ing the comment period, and the statement "[I/we] request a contested of Public Safety (DPS), announces the issuance of Request for Propos- case hearing." If the request for contested case hearing is filed on be- als (RFP) 303-3-20716. TFC seeks a ten (10) year lease of approxi- half of a group or association, the request must designate the group's mately 9,939 square feet of office space and 195 square feet of outdoor representative for receiving future correspondence; identify by name lounge area in Abilene, Texas. and physical address an individual member of the group who would be adversely affected by the facility or activity; provide the information The deadline for questions is August 24, 2021, and the deadline for discussed above regarding the affected member's location and distance proposals is September 8, 2021, at 3:00 p.m. The award date is October from the facility or activity; explain how and why the member would 21, 2021. TFC reserves the right to accept or reject any or all proposals be affected; and explain how the interests the group seeks to protect are submitted. TFC is under no legal or other obligation to execute a lease relevant to the group's purpose. on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to Following the close of all applicable comment and request periods, the award of a grant. the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Com- Parties interested in submitting a proposal may obtain information by missioners for their consideration at a scheduled Commission meeting. contacting Jenny Ruiz, at [email protected]. A copy of the The Commission may only grant a request for a contested case hearing RFP may be downloaded from the Electronic State Business Daily at on issues the requestor submitted in their timely comments that were http://www.txsmartbuy.com/esbddetails/view/303-3-20716. not subsequently withdrawn. TRD-202102971 If a hearing is granted, the subject of a hearing will be limited to dis- Rico Gamino puted issues of fact or mixed questions of fact and law that are relevant Director of Procurement and material to the Commission's decision on the application submitted Texas Facilities Commission during the comment period. Filed: July 30, 2021 Mailing List. If you submit public comments, a request for a contested ♦ ♦ ♦ case hearing or a reconsideration of the Executive Director's decision, you will be added to the mailing list for this application to receive future Request for Proposals (RFP) #303-2-20724 public notices mailed by the Office of the Chief Clerk. In addition, The Texas Facilities Commission (TFC), on behalf of the Office of you may request to be placed on: (1) the permanent mailing list for the Attorney General (OAG), announces the issuance of Request for a specific applicant name and permit number; and/or (2) the mailing Proposals (RFP) 303-2-20724. TFC seeks a five (5) or ten (10) year list for a specific county. To be placed on the permanent and/or the lease of approximately 5,373 square feet of office space in Harlingen, county mailing list, clearly specify which list(s) and send your request Cameron County, Texas. to TCEQ Office of the Chief Clerk at the address below. The deadline for questions is August 24, 2021, and the deadline for Information Available Online. For details about the status of the proposals is August 31, 2021, at 3:00 p.m. The award date is September application, visit the Commissioners' Integrated Database (CID) at 16, 2021. TFC reserves the right to accept or reject any or all proposals www.tceq.texas.gov/goto/cid. Once you have access to the CID using submitted. TFC is under no legal or other obligation to execute a lease the above link, enter the permit number for this application, which is on the basis of this notice or the distribution of a RFP. Neither this provided at the top of this notice. notice nor the RFP commits TFC to pay for any costs incurred prior to Agency Contacts and Information. All public comments the award of a grant. and requests must be submitted either electronically at Parties interested in submitting a proposal may obtain information by www14.tceq.texas.gov/epic/eComment/ or in writing to the Texas contacting Jenny Ruiz, at [email protected]. A copy of the Commission on Environmental Quality, Office of the Chief Clerk,

46 TexReg 5086 August 13, 2021 Texas Register RFP may be downloaded from the Electronic State Business Daily at Interested persons should complete an application on the Depart- http://www.txsmartbuy.com/esbddetails/view/303-2-20724. ment website at: https://www.tdlr.texas.gov/AdvisoryBoard/lo- TRD-202102994 gin.aspx. Applicants can also request an application by e-mail [email protected]. Rico Gamino Director of Procurement These are not paid positions and there is no compensation or reim- Texas Facilities Commission bursement for serving on the committee. Filed: August 2, 2021 Issued in Austin, Texas on August 3, 2021. ♦ ♦ ♦ TRD-202103026 Texas Department of Insurance Brian E. Francis Executive Director Company Licensing Texas Department of Licensing and Regulation Application for Community First Group Hospital Service Corporation, Filed: August 3, 2021 a domestic non-profit group hospital, to change its name to Community First Insurance Plans. The home office is in San Antonio, Texas. ♦ ♦ ♦ Application for incorporation in the state of Texas for Access to Notice of Vacancies on Motor Fuel Metering and Quality Care Health Plan, LLC, a domestic Health Maintenance Organization Advisory Board (HMO). The home office is in Austin, Texas. The Texas Department of Licensing and Regulation (Department) an- Any objections must be filed with the Texas Department of Insurance, nounces eleven vacancies on the Motor Fuel Metering and Quality Ad- within twenty (20) calendar days from the date of the Texas Register visory Board (Board) established by Senate Bill 2062 of the 87th Leg- publication, addressed to the attention of Amy Garcia, 333 Guadalupe islative Session, by amending Chapter 2310 of the Occupations Code, Street, MC 103-CL, Austin, Texas 78701. by adding Subchapter A-1. The purpose of the Board is to provide ad- vice and recommendations to the Commission of Licensing and Regu- TRD-202103042 lation and the Department on the James Person General Counsel 1. adoption of appropriate standards for the installation, maintenance, calibration, alteration, operation, testing, or inspection as applicable of Texas Department of Insurance motor fuel dispensing devices; motor fuel metering devices; and motor Filed: August 4, 2021 fuel; ♦ ♦ ♦ 2. education and curricula for applicants for a license issued under this Texas Department of Licensing and Regulation chapter and license holders, and the content of examinations; Notice of Vacancies on Driver Training and Traffic Safety 3. proposed rules and standards on technical issues related to motor Advisory Committee fuel metering and quality and payment card skimmers; and The Texas Department of Licensing and Regulation (Department) an- 4. other issues affecting motor fuel metering and quality. nounces nine vacancies on the Driver Training and Traffic Safety Ad- Service as a board member is voluntary, and compensation is not au- visory Committee (Committee) established by Texas Education Code, thorized by law. Chapter 1001. The purpose of the Committee is to provide advice and recommendations to the Texas Commission of Licensing and Regula- The Board consists of eleven members appointed for staggered six-year tion (Commission) and the Department on rules and educational and terms by the presiding officer of the Commission, with the approval technical matters relevant to the administration of this chapter. Mem- of the Commission. This announcement is for the following eleven bers will serve an important role in assisting the agency implement the Board member vacancies: key changes due to HB 1560. The Committee meets at the call of the - Four members who are dealers or representatives designated by the Executive Director or the presiding officer of the Commission. Service dealers, including: as a Committee member is voluntary, and compensation is not autho- rized by law. --- One dealer with fewer than 501 motor fuel metering devices regis- tered with the department; The Committee consists of nine members appointed for staggered six- year terms by the presiding officer of the Commission, with the ap- --- One dealer with more than 1,000 but fewer than 5,000 motor fuel proval of the Commission. If a license is required to hold any of the metering devices registered with the department; member positions on the Committee, the license must be issued by the --- One dealer with more than 5,000 motor fuel metering devices reg- State of Texas, in good standing at appointment and throughout the istered with the department; and balance of the term. This announcement is for the following nine Committee member vacancies: --- One dealer without regard to the dealer's number of motor fuel me- tering devices registered with the department. - Three driver education providers; - Two members who represent service companies, as defined by Section - Three driving safety providers; 2310.151; - One driver education instructor; - One member who represents a wholesaler or distributor; - One division head of the Department of Public Safety Driver License - One member who represents a supplier; Division or the Division head's designee; and - One public member; and - One public member. - Two ex officio nonvoting members of the board who represent:

IN ADDITION August 13, 2021 46 TexReg 5087 --- A financial institution or a credit card issuer other than a financial These are not paid positions and there is no compensation or reim- institution; and bursement for serving on the Board. --- One member who represents a law enforcement agency. *Subchapter E-1: a license for an individual practitioner, establish- ment, or school Interested persons should complete an application on the Department website at: https://www.tdlr.texas.gov/AdvisoryBoard/login.aspx. Issued in Austin, Texas on August 13, 2021. Applicants can also request an application by e-mail at advi- TRD-202103030 [email protected]. Brian E. Francis These are not paid positions and there is no compensation or reim- Executive Director bursement for serving on the Board. Texas Department of Licensing and Regulation Issued in Austin, Texas, August 13, 2021. Filed: August 3, 2021 TRD-202103031 ♦ ♦ ♦ Brian E. Francis Texas Lottery Commission Executive Director Texas Department of Licensing and Regulation Scratch Ticket Game Number 2310 "$30,000 JACKPOT" Filed: August 3, 2021 1.0 Name and Style of Scratch Ticket Game. ♦ ♦ ♦ A. The name of Scratch Ticket Game No. 2310 is "$30,000 JACK- POT". The play style is "key number match". Notice of Vacancies on the Barbering and Cosmetology Advisory Board 1.1 Price of Scratch Ticket Game. The Texas Department of Licensing and Regulation (Department) an- A. The price for Scratch Ticket Game No. 2310 shall be $2.00 per nounces nine vacancies on the Barbering and Cosmetology Advisory Scratch Ticket. Board (Board) established by Texas Occupations Code, Chapter 1603. 1.2 Definitions in Scratch Ticket Game No. 2310. The purpose of the Board is to provide advice and recommendations to the Texas Commission of Licensing and Regulation (Commission) A. Display Printing - That area of the Scratch Ticket outside of the area and the Department on education and curricula for applicants; content where the overprint and Play Symbols appear. of examinations; proposed rules and standards on technical issues; and B. Latex Overprint - The removable scratch-off covering over the Play other issues affecting barbering and cosmetology. Members will serve Symbols on the front of the Scratch Ticket. an important role by assisting the agency in implementing key changes as a result of HB 1560. The Board meets at the call of the Executive C. Play Symbol - The printed data under the latex on the front of the Director or the presiding officer of the Commission. 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 The Board consists of nine members appointed for staggered six-year for dual-image games. The possible black Play Symbols are: 01, terms by the presiding officer of the Commission, with the approval 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, of the Commission. If a license is required to hold any of the member 21, 22, 23, 24, 25, 26, 27, 28, 29, 2X SYMBOL, ARMORED CAR positions on the Board, the license must be issued by the State of Texas, SYMBOL, MONEYBAG SYMBOL, BANK SYMBOL, GOLD BAR in good standing at appointment and throughout the balance of the term. SYMBOL, DOLLAR BILL SYMBOL, COIN SYMBOL, CROWN This announcement is for the following vacancies: SYMBOL, DIAMOND SYMBOL, NECKLACE SYMBOL, SAFE - Four members who each hold an individual practitioner license under SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $500 Subchapter E-1* including: and $30,000. --- At least one holder of a Class A Barber license; and D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears --- At least one holder of a Cosmetology Operator license; under each Play Symbol and is printed in caption font in black ink - Two members who each hold an establishment license; in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows: - Two members who each hold a school license; and - One public member. Interested persons should complete an application on the Department website at: https://www.tdlr.texas.gov/AdvisoryBoard/login.aspx or request an application via e-mail at [email protected].

46 TexReg 5088 August 13, 2021 Texas Register IN ADDITION August 13, 2021 46 TexReg 5089 E. Serial Number - A unique thirteen (13) digit number appearing under H. Pack - A Pack of the "$30,000 JACKPOT" Scratch Ticket Game the latex scratch-off covering on the front of the Scratch Ticket. The contains 125 Tickets, packed in plastic shrink-wrapping and fanfolded Serial Number is for validation purposes and cannot be used to play the in pages of two (2). One Ticket will be folded over to expose a front game. The format will be: 0000000000000. and back of one Ticket on each Pack. Please note the Packs will be in an A, B, C and D configuration. 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 I. Non-Winning Scratch Ticket - A Scratch Ticket which is not pro- (7) digit Pack number, the three (3) digit Ticket number and the ten grammed to be a winning Scratch Ticket or a Scratch Ticket that does (10) digit Validation Number. The Bar Code appears on the back of the not meet all of the requirements of these Game Procedures, the State Scratch Ticket. Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act G. Game-Pack-Ticket Number - A fourteen (14) digit number consist- and referenced in 16 TAC, Chapter 401. ing of the four (4) digit game number (2310), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery with 001 and end with 125 within each Pack. The format will be: "$30,000 JACKPOT" Scratch Ticket Game No. 2310. 2310-0000001-001.

46 TexReg 5090 August 13, 2021 Texas Register 2.0 Determination of Prize Winners. The determination of prize win- 17. Each of the twenty-four (24) Play Symbols on the Scratch Ticket ners is subject to the general Scratch Ticket validation requirements set must be printed in the Symbol font and must correspond precisely to the forth in Texas Lottery Rule 401.302, Scratch Ticket Game Rules, these artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers Game Procedures, and the requirements set out on the back of each must be printed in the Serial font and must correspond precisely to Scratch Ticket. A prize winner in the "$30,000 JACKPOT" Scratch the artwork on file at the Texas Lottery; and the Game-Pack-Ticket Ticket Game is determined once the latex on the Scratch Ticket is Number must be printed in the Game-Pack-Ticket Number font and scratched off to expose twenty-four (24) Play Symbols. If a player must correspond precisely to the artwork on file at the Texas Lottery; matches any of the YOUR NUMBERS Play Symbols to either of the 18. The Display Printing on the Scratch Ticket must be regular in every WINNING NUMBERS Play Symbols, the player wins the PRIZE for respect and correspond precisely to the artwork on file at the Texas that number. If the player reveals a "2X" Play Symbol, the player wins Lottery; and DOUBLE the PRIZE for that symbol. $50 BONUS: If the player re- veals 2 matching Play Symbols in the $50 BONUS, the player wins 19. The Scratch Ticket must have been received by the Texas Lottery $50. No portion of the Display Printing nor any extraneous matter by applicable deadlines. whatsoever shall be usable or playable as a part of the Scratch Ticket. B. The Scratch Ticket must pass all additional validation tests provided 2.1 Scratch Ticket Validation Requirements. for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential A. To be a valid Scratch Ticket, all of the following requirements must validation and security tests of the Texas Lottery. be met: C. Any Scratch Ticket not passing all of the validation requirements is 1. Exactly twenty-four (24) Play Symbols must appear under the Latex void and ineligible for any prize and shall not be paid. However, the Overprint on the front portion of the Scratch Ticket; Executive Director may, solely at the Executive Director's discretion, 2. Each of the Play Symbols must have a Play Symbol Caption under- refund the retail sales price of the Scratch Ticket. In the event a de- neath, unless specified, and each Play Symbol must agree with itsPlay fective Scratch Ticket is purchased, the only responsibility or liability Symbol Caption; of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or 3. Each of the Play Symbols must be present in its entirety and be fully a Scratch Ticket of equivalent sales price from any other current Texas legible; Lottery Scratch Ticket Game) or refund the retail sales price of the 4. Each of the Play Symbols must be printed in black ink except for Scratch Ticket, solely at the Executive Director's discretion. dual image games; 2.2 Programmed Game Parameters. 5. The Scratch Ticket shall be intact; A. A Ticket can win up to eleven (11) times in accordance with the 6. The Serial Number and Game-Pack-Ticket Number must be present approved prize structure. in their entirety and be fully legible; B. Consecutive Non-Winning Tickets within a Pack will not have 7. The Serial Number must correspond, using the Texas Lottery's matching patterns, in the same order, of either Play Symbols or Prize codes, to the Play Symbols on the Scratch Ticket; Symbols. 8. The Scratch Ticket must not have a hole punched through it, be C. The top Prize Symbol will appear on every Ticket, unless restricted mutilated, altered, unreadable, reconstituted or tampered with in any by other parameters, play action or prize structure. manner; D. Each Ticket will have two (2) different WINNING NUMBERS Play 9. The Scratch Ticket must not be counterfeit in whole or in part; Symbols. 10. The Scratch Ticket must have been issued by the Texas Lottery in E. Non-winning YOUR NUMBERS Play Symbols will all be different. an authorized manner; F. Non-winning Prize Symbols will never appear more than two (2) 11. The Scratch Ticket must not have been stolen, nor appear on any times. list of omitted Scratch Tickets or non-activated Scratch Tickets on file G. The "2X" (DBL) Play Symbol will never appear in the WINNING at the Texas Lottery; NUMBERS Play Symbol spots. 12. The Play Symbols, Serial Number and Game-Pack-Ticket Number H. The "2X" (DBL) Play Symbol will only appear on winning Tickets must be right side up and not reversed in any manner; as dictated by the prize structure. 13. The Scratch Ticket must be complete and not miscut, and have I. Non-winning Prize Symbol(s) will never be the same as the winning exactly twenty-four (24) Play Symbols under the Latex Overprint on Prize Symbol(s). the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-Ticket Number on the Scratch Ticket; J. No Prize Symbol in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 10 and $10). 14. The Serial Number of an apparent winning Scratch Ticket shall cor- respond with the Texas Lottery's Serial Numbers for winning Scratch K. $50 BONUS: Tickets winning $50 in the $50 BONUS play area will Tickets, and a Scratch Ticket with that Serial Number shall not have only appear as dictated by the prize structure. been paid previously; 2.3 Procedure for Claiming Prizes. 15. The Scratch Ticket must not be blank or partially blank, misregis- A. To claim a "$30,000 JACKPOT" Scratch Ticket Game prize of tered, defective or printed or produced in error; $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100 or $500, a claimant 16. Each of the twenty-four (24) Play Symbols must be exactly one of shall sign the back of the Scratch Ticket in the space designated on the those described in Section 1.2.C of these Game Procedures; Scratch Ticket and may present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and,

IN ADDITION August 13, 2021 46 TexReg 5091 if valid, and upon presentation of proper identification, if appropriate, B. if there is any question regarding the identity of the claimant; make payment of the amount due the claimant and physically void the C. if there is any question regarding the validity of the Scratch Ticket Scratch Ticket; provided that the Texas Lottery Retailer may, but is presented for payment; or not required, to pay a $50.00, $100 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas D. if the claim is subject to any deduction from the payment otherwise Lottery Retailer shall provide the claimant with a claim form and in- due, as described in Section 2.3.D of these Game Procedures. No lia- struct the claimant on how to file a claim with the Texas Lottery. Ifthe bility for interest for any delay shall accrue to the benefit of the claimant claim is validated by the Texas Lottery, a check shall be forwarded to pending payment of the claim. the claimant in the amount due. In the event the claim is not validated, 2.5 Payment of Prizes to Persons Under 18. If a person under the age the claim shall be denied and the claimant shall be notified promptly. of 18 years is entitled to a cash prize under $600 from the "$30,000 A claimant may also claim any of the above prizes under the procedure JACKPOT" Scratch Ticket Game, the Texas Lottery shall deliver to an described in Section 2.3.B and Section 2.3.C of these Game Procedures. adult member of the minor's family or the minor's guardian a check or B. To claim a "$30,000 JACKPOT" Scratch Ticket Game prize of warrant in the amount of the prize payable to the order of the minor. $30,000, the claimant must sign the winning Scratch Ticket and may 2.6 If a person under the age of 18 years is entitled to a cash prize of present it at one of the Texas Lottery's Claim Centers. If the claim is $600 or more from the "$30,000 JACKPOT" Scratch Ticket Game, the validated by the Texas Lottery, payment will be made to the bearer of Texas Lottery shall deposit the amount of the prize in a custodial bank the validated winning Scratch Ticket for that prize upon presentation account, with an adult member of the minor's family or the minor's of proper identification. When paying a prize of $600 or more, the guardian serving as custodian for the minor. Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income 2.7 Scratch Ticket Claim Period. All Scratch Ticket prizes must be tax at a rate set by the IRS if required. In the event that the claim is claimed within 180 days following the end of the Scratch Ticket Game not validated by the Texas Lottery, the claim shall be denied and the or within the applicable time period for certain eligible military person- claimant shall be notified promptly. nel 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 C. As an alternative method of claiming a "$30,000 JACKPOT" in these Game Procedures and on the back of each Scratch Ticket, shall Scratch Ticket Game prize the claimant may submit the signed win- be forfeited. ning 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 2.8 Disclaimer. The number of prizes in a game is approximate based proof of Social Security number or Tax Payer Identification (for U.S. on the number of Scratch Tickets ordered. The number of actual prizes Citizens or Resident Aliens). Mail all to: Texas Lottery Commission, available in a game may vary based on number of Scratch Tickets man- P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not ufactured, testing, distribution, sales and number of prizes claimed. A responsible for Scratch Tickets lost in the mail. In the event that the Scratch Ticket Game may continue to be sold even when all the top claim is not validated by the Texas Lottery, the claim shall be denied prizes have been claimed. and the claimant shall be notified promptly. 3.0 Scratch Ticket Ownership. D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery A. Until such time as a signature is placed upon the back portion of a shall deduct the amount of a delinquent tax or other money from the Scratch Ticket in the space designated, a Scratch Ticket shall be owned winnings of a prize winner who has been finally determined to be: by the physical possessor of said Scratch Ticket. When a signature is 1. delinquent in the payment of a tax or other money to a state agency placed on the back of the Scratch Ticket in the space designated, the and that delinquency is reported to the Comptroller under Government player whose signature appears in that area shall be the owner of the Code §403.055; Scratch Ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the 2. in default on a loan made under Chapter 52, Education Code; Executive Director shall make payment to the player whose signature 3. in default on a loan guaranteed under Chapter 57, Education Code; appears on the back of the Scratch Ticket in the space designated. If or more than one name appears on the back of the Scratch Ticket, the Executive Director will require that one of those players whose name 4. delinquent in child support payments in the amount determined by appears thereon be designated by such players to receive payment. a court or a Title IV-D agency under Chapter 231, Family Code. B. The Texas Lottery shall not be responsible for lost or stolen Scratch E. If a person is indebted or owes delinquent taxes to the State, other Tickets and shall not be required to pay on a lost or stolen Scratch than those specified in the preceding paragraph, the winnings ofaper- Ticket. son shall be withheld until the debt or taxes are paid. 4.0 Number and Value of Scratch Prizes. There will be approximately 2.4 Allowance for Delay of Payment. The Texas Lottery may delay 9,120,000 Scratch Tickets in Scratch Ticket Game No. 2310. The ap- payment of the prize pending a final determination by the Executive proximate number and value of prizes in the game are as follows: Director, under any of the following circumstances: A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

46 TexReg 5092 August 13, 2021 Texas Register A. The actual number of Scratch Tickets in the game may be increased 1.0 Name and Style of Scratch Ticket Game. or decreased at the sole discretion of the Texas Lottery Commission. A. The name of Scratch Ticket Game No. 2365 is "BREAK THE 5.0 End of the Scratch Ticket Game. The Executive Director may, at SNOWBANK". The play style is "key number match". any time, announce a closing date (end date) for the Scratch Ticket 1.1 Price of Scratch Ticket Game. Game No. 2310 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the A. The price for Scratch Ticket Game No. 2365 shall be $2.00 per closing date and reasons for closing will be made in accordance with the Scratch Ticket. Scratch Ticket closing procedures and the Scratch Ticket Game Rules. 1.2 Definitions in Scratch Ticket Game No. 2365. See 16 TAC §401.302(j). A. Display Printing - That area of the Scratch Ticket outside of the area 6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to where the overprint and Play Symbols appear. comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 2310, the State Lottery Act (Texas Government Code, Chap- B. Latex Overprint - The removable scratch-off covering over the Play ter 466), applicable rules adopted by the Texas Lottery pursuant to the Symbols on the front of the Scratch Ticket. State Lottery Act and referenced in 16 TAC, Chapter 401, and all final C. Play Symbol - The printed data under the latex on the front of the decisions of the Executive Director. Scratch Ticket that is used to determine eligibility for a prize. Each TRD-202103033 Play Symbol is printed in Symbol font in black ink in positive except Bob Biard for dual-image games. The possible black Play Symbols are: 01, 02, General Counsel 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, Texas Lottery Commission 22, 23, 24, 25, 26, 27, 28, 29, GIFT SYMBOL, $2.00, $4.00, $5.00, Filed: August 3, 2021 $10.00, $20.00, $50.00, $100, $1,000 and $30,000. ♦ ♦ ♦ D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears Scratch Ticket Game Number 2365 "BREAK THE under each Play Symbol and is printed in caption font in black ink SNOWBANK" in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

IN ADDITION August 13, 2021 46 TexReg 5093 46 TexReg 5094 August 13, 2021 Texas Register E. Serial Number - A unique thirteen (13) digit number appearing under Scratch Ticket Game is determined once the latex on the Scratch Ticket the latex scratch-off covering on the front of the Scratch Ticket. The is scratched off to expose twenty-three (23) Play Symbols. The player Serial Number is for validation purposes and cannot be used to play the scratches the entire play area to reveal 3 LOCK NUMBERS Play Sym- game. The format will be: 0000000000000. bols and 10 YOUR NUMBERS Play Symbols. If the player matches any of the YOUR NUMBERS Play Symbols to any of the LOCK F. Bar Code - A twenty-four (24) character interleaved two (2) of five NUMBERS Play Symbols, the player wins the prize for that number. (5) Bar Code which will include a four (4) digit game ID, the seven If the player reveals a "GIFT" Play Symbol, the player wins DOUBLE (7) digit Pack number, the three (3) digit Ticket number and the ten the prize for that symbol. No portion of the Display Printing nor any (10) digit Validation Number. The Bar Code appears on the back of the extraneous matter whatsoever shall be usable or playable as a part of Scratch Ticket. the Scratch Ticket. G. Game-Pack-Ticket Number - A fourteen (14) digit number consist- 2.1 Scratch Ticket Validation Requirements. ing of the four (4) digit game number (2365), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start A. To be a valid Scratch Ticket, all of the following requirements must with 001 and end with 125 within each Pack. The format will be: be met: 2365-0000001-001. 1. Exactly twenty-three (23) Play Symbols must appear under the Latex H. Pack - A Pack of the "BREAK THE SNOWBANK" Scratch Ticket Overprint on the front portion of the Scratch Ticket; Game contains 125 Tickets, packed in plastic shrink-wrapping and fan- 2. Each of the Play Symbols must have a Play Symbol Caption under- folded in pages of two (2). One Ticket will be folded over to expose a neath, unless specified, and each Play Symbol must agree with itsPlay front and back of one Ticket on each Pack. Please note the Packs will Symbol Caption; be in an A, B, C and D configuration. 3. Each of the Play Symbols must be present in its entirety and be fully I. Non-Winning Scratch Ticket - A Scratch Ticket which is not pro- legible; grammed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures, the State 4. Each of the Play Symbols must be printed in black ink except for Lottery Act (Texas Government Code, Chapter 466), and applicable dual image games; rules adopted by the Texas Lottery pursuant to the State Lottery Act 5. The Scratch Ticket shall be intact; and referenced in 16 TAC, Chapter 401. 6. The Serial Number and Game-Pack-Ticket Number must be present J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery in their entirety and be fully legible; "BREAK THE SNOWBANK" Scratch Ticket Game No. 2365. 7. The Serial Number must correspond, using the Texas Lottery's 2.0 Determination of Prize Winners. The determination of prize win- codes, to the Play Symbols on the Scratch Ticket; ners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Scratch Ticket Game Rules, these 8. The Scratch Ticket must not have a hole punched through it, be Game Procedures, and the requirements set out on the back of each mutilated, altered, unreadable, reconstituted or tampered with in any Scratch Ticket. A prize winner in the "BREAK THE SNOWBANK" manner;

IN ADDITION August 13, 2021 46 TexReg 5095 9. The Scratch Ticket must not be counterfeit in whole or in part; E. Non-winning YOUR NUMBERS Play Symbols will all be different. 10. The Scratch Ticket must have been issued by the Texas Lottery in F. Non-winning Prize Symbols will never appear more than two (2) an authorized manner; times. 11. The Scratch Ticket must not have been stolen, nor appear on any G. The "GIFT" (DBL) Play Symbol will never appear in the LOCK list of omitted Scratch Tickets or non-activated Scratch Tickets on file NUMBERS Play Symbol spots. at the Texas Lottery; H. The "GIFT" (DBL) Play Symbol will only appear on winning Tick- 12. The Play Symbols, Serial Number and Game-Pack-Ticket Number ets as dictated by the prize structure. must be right side up and not reversed in any manner; I. Non-winning Prize Symbols will never be the same as the winning 13. The Scratch Ticket must be complete and not miscut, and have Prize Symbol(s). exactly twenty-three (23) Play Symbols under the Latex Overprint on J. No Prize Symbol in a non-winning spot will correspond with the the front portion of the Scratch Ticket, exactly one Serial Number and YOUR NUMBERS Play Symbol (i.e., 05 and $5). exactly one Game-Pack-Ticket Number on the Scratch Ticket; 2.3 Procedure for Claiming Prizes. 14. The Serial Number of an apparent winning Scratch Ticket shall cor- respond with the Texas Lottery's Serial Numbers for winning Scratch A. To claim a "BREAK THE SNOWBANK" Scratch Ticket Game Tickets, and a Scratch Ticket with that Serial Number shall not have prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00 or $100, a claimant been paid previously; 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 15. The Scratch Ticket must not be blank or partially blank, misregis- Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, tered, defective or printed or produced in error; if valid, and upon presentation of proper identification, if appropriate, 16. Each of the twenty-three (23) Play Symbols must be exactly one make payment of the amount due the claimant and physically void the of those described in Section 1.2.C of these Game Procedures; Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00 or $100 Scratch Ticket Game. In the event 17. Each of the twenty-three (23) Play Symbols on the Scratch Ticket the Texas Lottery Retailer cannot verify the claim, the Texas Lottery must be printed in the Symbol font and must correspond precisely to the Retailer shall provide the claimant with a claim form and instruct the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers claimant on how to file a claim with the Texas Lottery. If the claim must be printed in the Serial font and must correspond precisely to is validated by the Texas Lottery, a check shall be forwarded to the the artwork on file at the Texas Lottery; and the Game-Pack-Ticket claimant in the amount due. In the event the claim is not validated, the Number must be printed in the Game-Pack-Ticket Number font and claim shall be denied and the claimant shall be notified promptly. A must correspond precisely to the artwork on file at the Texas Lottery; claimant may also claim any of the above prizes under the procedure 18. The Display Printing on the Scratch Ticket must be regular in every described in Section 2.3.B and Section 2.3.C of these Game Procedures. respect and correspond precisely to the artwork on file at the Texas B. To claim a "BREAK THE SNOWBANK" Scratch Ticket Game Lottery; and prize of $1,000 or $30,000, the claimant must sign the winning Scratch 19. The Scratch Ticket must have been received by the Texas Lottery Ticket and may present it at one of the Texas Lottery's Claim Centers. by applicable deadlines. 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 B. The Scratch Ticket must pass all additional validation tests provided presentation of proper identification. When paying a prize of $600or for in these Game Procedures, the Texas Lottery's Rules governing the more, the Texas Lottery shall file the appropriate income reporting form award of prizes of the amount to be validated, and any confidential with the Internal Revenue Service (IRS) and shall withhold federal in- validation and security tests of the Texas Lottery. come tax at a rate set by the IRS if required. In the event that the claim C. Any Scratch Ticket not passing all of the validation requirements is is not validated by the Texas Lottery, the claim shall be denied and the void and ineligible for any prize and shall not be paid. However, the claimant shall be notified promptly. Executive Director may, solely at the Executive Director's discretion, C. As an alternative method of claiming a "BREAK THE SNOW- refund the retail sales price of the Scratch Ticket. In the event a de- BANK" Scratch Ticket Game prize the claimant may submit the signed fective Scratch Ticket is purchased, the only responsibility or liability winning Scratch Ticket and a thoroughly completed claim form via of the Texas Lottery shall be to replace the defective Scratch Ticket mail. If a prize value is $1,000,000 or more, the claimant must also pro- with another unplayed Scratch Ticket in that Scratch Ticket Game (or vide proof of Social Security number or Tax Payer Identification (for a Scratch Ticket of equivalent sales price from any other current Texas U.S. Citizens or Resident Aliens). Mail all to: Texas Lottery Commis- Lottery Scratch Ticket Game) or refund the retail sales price of the sion, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is Scratch Ticket, solely at the Executive Director's discretion. not responsible for Scratch Tickets lost in the mail. In the event that the 2.2 Programmed Game Parameters. claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly. A. A Ticket can win up to ten (10) times in accordance with the ap- proved prize structure. 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 B. Consecutive Non-Winning Tickets within a Pack will not have winnings of a prize winner who has been finally determined to be: matching patterns, in the same order, of either Play Symbols or Prize Symbols. 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 C. The top Prize Symbol will appear on every Ticket, unless restricted Code §403.055; by other parameters, play action or prize structure. 2. in default on a loan made under Chapter 52, Education Code; D. Each Ticket will have three (3) different LOCK NUMBERS Play Symbols.

46 TexReg 5096 August 13, 2021 Texas Register 3. in default on a loan guaranteed under Chapter 57, Education Code; or within the applicable time period for certain eligible military person- or nel 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 4. delinquent in child support payments in the amount determined by in these Game Procedures and on the back of each Scratch Ticket, shall a court or a Title IV-D agency under Chapter 231, Family Code. be forfeited. E. If a person is indebted or owes delinquent taxes to the State, other 2.8 Disclaimer. The number of prizes in a game is approximate based than those specified in the preceding paragraph, the winnings ofaper- on the number of Scratch Tickets ordered. The number of actual prizes son shall be withheld until the debt or taxes are paid. available in a game may vary based on number of Scratch Tickets man- 2.4 Allowance for Delay of Payment. The Texas Lottery may delay ufactured, testing, distribution, sales and number of prizes claimed. A payment of the prize pending a final determination by the Executive Scratch Ticket Game may continue to be sold even when all the top Director, under any of the following circumstances: prizes have been claimed. A. if a dispute occurs, or it appears likely that a dispute may occur, 3.0 Scratch Ticket Ownership. regarding the prize; A. Until such time as a signature is placed upon the back portion of a B. if there is any question regarding the identity of the claimant; Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is C. if there is any question regarding the validity of the Scratch Ticket placed on the back of the Scratch Ticket in the space designated, the presented for payment; or player whose signature appears in that area shall be the owner of the D. if the claim is subject to any deduction from the payment otherwise Scratch Ticket and shall be entitled to any prize attributable thereto. due, as described in Section 2.3.D of these Game Procedures. No lia- Notwithstanding any name or names submitted on a claim form, the bility for interest for any delay shall accrue to the benefit of the claimant Executive Director shall make payment to the player whose signature pending payment of the claim. 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 2.5 Payment of Prizes to Persons Under 18. If a person under the age of Executive Director will require that one of those players whose name 18 years is entitled to a cash prize under $600 from the "BREAK THE appears thereon be designated by such players to receive payment. SNOWBANK" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check B. The Texas Lottery shall not be responsible for lost or stolen Scratch or warrant in the amount of the prize payable to the order of the minor. Tickets and shall not be required to pay on a lost or stolen Scratch Ticket. 2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "BREAK THE SNOWBANK" Scratch Ticket 4.0 Number and Value of Scratch Prizes. There will be approximately Game, the Texas Lottery shall deposit the amount of the prize in a cus- 7,200,000 Scratch Tickets in Scratch Ticket Game No. 2365. The ap- todial bank account, with an adult member of the minor's family or the proximate number and value of prizes in the game are as follows: 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

IN ADDITION August 13, 2021 46 TexReg 5097 A. The actual number of Scratch Tickets in the game may be increased Request for Proposals - Intermodal Transportation Hubs for or decreased at the sole discretion of the Texas Lottery Commission. Colleges and Universities 5.0 End of the Scratch Ticket Game. The Executive Director may, at The North Central Texas Council of Governments (NCTCOG) is any time, announce a closing date (end date) for the Scratch Ticket requesting written proposals from qualified firms for an Intermodal Game No. 2365 without advance notice, at which point no further Transportation Hubs for Colleges and Universities Study. The purpose Scratch Tickets in that game may be sold. The determination of the of this project is to develop a comprehensive guide for planning and closing date and reasons for closing will be made in accordance with the strategic implementation of mobility hubs on college and univer- Scratch Ticket closing procedures and the Scratch Ticket Game Rules. sity campuses around the region. The study will focus on existing See 16 TAC §401.302(j). transportation needs and conditions, impacts to transit ridership and 6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to connections, the built environment, bicycle and pedestrian facilities, comply with, and abide by, these Game Procedures for Scratch Ticket and other transportation modes and supporting infrastructure for Game No. 2365, the State Lottery Act (Texas Government Code, Chap- circulation on and around campuses. ter 466), applicable rules adopted by the Texas Lottery pursuant to the Proposals must be received no later than 5:00 p.m., Central Time, State Lottery Act and referenced in 16 TAC, Chapter 401, and all final on Friday, September 10, 2021, to Ezra Pratt, Transportation Planner decisions of the Executive Director. II, North Central Texas Council of Governments, 616 Six Flags TRD-202103019 Drive, Arlington, Texas 76011 and electronic submissions to Tran- Bob Biard [email protected]. The Request for Proposals will be available at www.nctcog.org/rfp by the close of business on Friday, August 13, General Counsel 2021. Texas Lottery Commission Filed: August 3, 2021 NCTCOG encourages participation by disadvantaged business enter- prises and does not discriminate on the basis of age, race, color, reli- ♦ ♦ ♦ gion, sex, national origin, or disability. North Central Texas Council of Governments TRD-202103043

46 TexReg 5098 August 13, 2021 Texas Register R. Michael Eastland The Texas NPS Management Program is the State's comprehensive Executive Director strategy to protect and restore water quality in waterbodies impacted North Central Texas Council of Governments by NPS water pollution. This document can be accessed online at Filed: August 4, 2021 https://www.tsswcb.texas.gov/programs/texas-nonpoint-source-man- agement-program. ♦ ♦ ♦ The types of agricultural and silvicultural NPS pollution prevention and Texas Parks and Wildlife Department abatement activities that can be funded with §319(h) grants include the Notice of a Public Comment Hearing on an Application for a following: (1) implementation of nine-element watershed protection Sand and Gravel Permit plans (WPPs) and the agricultural and silvicultural NPS portion of To- tal Maximum Daily Load (TMDL) Implementation Plans (I-Plans); (2) M. J. Whitley has applied to the Texas Parks and Wildlife Department surface water quality monitoring, data analysis and modeling, demon- (TPWD) for a General Permit pursuant to Texas Parks and Wildlife stration of innovative best management practices (BMPs); (3) techni- Code, Chapter 86 to remove or disturb up to 1,000 cubic yards of sed- cal assistance to landowners for conservation planning; (4) public out- imentary material within Johnson Creek in Kerr County. The purpose reach/education, development of nine-element WPPs including the for- of the disturbance is to repair erosion and restore damage on the creek mation and facilitation of stakeholder groups; and (5) monitoring ac- bank following a flood. The location is approximately 2.5 miles down- tivities to determine the effectiveness of specific pollution prevention stream of Byars Springs Road and 1.5 miles upstream of Bluff Trails methods. Strictly research activities are not eligible for §319(h) grant Road. Notice is being published and mailed pursuant to Title 31 TAC funding. §69.105(d). Proposals Requested TPWD will hold a public comment hearing regarding the application The TSSWCB is requesting proposals for watershed assessment, plan- at 11:00 a.m. on September 3, 2021. Due to COVID-19 transmission ning, implementation, demonstration, and education projects within the concerns with travelling and person-to-person gatherings, the public boundaries of impaired or threatened watersheds. The Texas Integrated comment hearing will be conducted through remote participation. Po- Report of Surface Water Quality (https://www.tceq.texas.gov/wa- tential attendees should contact Tom Heger at (512) 389-4583 or at terquality/assessment) describes the water quality conditions for [email protected] for information on how to participate in the waterbodies in the state. All proposals must focus on the restoration hearing remotely. The hearing is not a contested case hearing under the and protection of water quality consistent with the goals, objectives, Texas Administrative Procedure Act. Oral and written public comment and priority watersheds and aquifers identified in Appendix C and will be accepted during the hearing. D of the Texas NPS Management Program. Up to $1 million of the Written comments may be submitted directly to TPWD and must be TSSWCB's FY2022 CWA §319(h) grant will be eligible for award received no later than 30 days after the date of publication of this no- under this RFP. No more than 10% of these funds may be utilized for tice in the Texas Register or a newspaper, whichever is later. A writ- groundwater projects. A competitive proposal process will be used ten request for a contested case hearing from an applicant or a person so that the most appropriate and effective projects are selected for with a justiciable interest may also be submitted and must be received available funding. by TPWD prior to the close of the public comment period. Timely Applicants that submit project proposals should, where applicable, fo- hearing requests shall be referred to the State Office of Administrative cus on interagency coordination, demonstrate new or innovative tech- Hearings. Submit written comments, questions, requests to review the nologies, use comprehensive strategies that have statewide applicabil- application, or requests for a contested case hearing to: Tom Heger, ity, and highlight public participation. Examples of project proposals TPWD, by mail: 4200 Smith School Road, Austin, Texas 78744; fax previously funded by TSSWCB are available at: https://www.tss- (512) 389-4405; or e-mail [email protected]. wcb.texas.gov/index.php/programs/texas-nonpoint-source-manage- TRD-202103034 ment-program/active-nonpoint-source-grant-projects. James Murphy Additionally, applicants are encouraged to review EPA's Grant Guide- General Counsel lines for the NPS Program available at https://www.epa.gov/nps/319- Texas Parks and Wildlife Department grant-program-states-and-territories. Filed: August 3, 2021 Individual Award Amounts ♦ ♦ ♦ This RFP does not set a maximum or minimum award amount for in- Texas State Soil and Water Conservation Board dividual projects; however, project funding generally ranges between Request for Proposals for the Fiscal Year 2022 Clean Water $100,000 and $400,000 for a two to three-year project. Act §319(h) Nonpoint Source Grant Program Reimbursement and Matching Requirements PROPOSALS DUE: September 24, 2021 The TSSWCB CWA §319(h) NPS Grant Program has a 60/40% match requirement, however proposals that do not meet the minimum match- INTRODUCTION ing requirement will still be considered. The cooperating entity will be This request for proposals (RFP) provides instructions and guidance reimbursed up to 60% from federal funds and must contribute a mini- for applicants seeking funding from the Texas State Soil and Water mum of 40% of the total costs to conduct the project. The match must Conservation Board (TSSWCB) under the Clean Water Act (CWA) be from non-federal sources (may be cash or in-kind services) and must §319(h) Nonpoint Source (NPS) Grant Program. The U.S. Environ- be described in the budget justification. Reimbursable indirect costs are mental Protection Agency (EPA) distributes funds appropriated by limited to no more than 15% of total federal direct costs. Congress annually to the TSSWCB under the authorization of CWA Required Reporting and QAPP §319(h). TSSWCB then administers/awards these federal funds as grants to cooperating entities for activities that address the goals, ob- Quarterly progress and final reports are the minimum project re- jectives, and priorities stated in the Texas NPS Management Program. porting requirements. All projects that include an environmental

IN ADDITION August 13, 2021 46 TexReg 5099 data collection, generation or compilation component (e.g., water --All areas of the budget are subject to review and approval by TSS- quality monitoring, modeling, bacterial source tracking) must have a WCB. Quality Assurance Project Plan (QAPP), to be reviewed and approved Scoring by TSSWCB and the EPA. Project budgets and timelines should account for the development and review of QAPPs, final reports, and Reviewed proposals will be scored and ranked based on the evaluation watershed protection plans. More information on QAPPs and the TSS- and ranking criteria included in this RFP on pp. 19-20. A minimum WCB Environmental Data Quality Management Plan is available at scoring requirement (70%) is necessary for proposals to be eligible for https://www.tsswcb.texas.gov/programs/texas-nonpoint-source-man- consideration. agement-program/environmental-data-quality-management. All applicants, unsuccessful and successful, will be notified. Those TSSWCB PRIORITIES applicants whose proposals are recommended for funding will be con- tacted, and then TSSWCB will work with the applicant to revise and fi- For this FY2022 RFP, the following project priorities have been identi- nalize the proposal prior to submittal to EPA. EPA must review and ap- fied. Proposals that do not focus on these priorities are still welcomed prove all proposals prior to TSSWCB awarding grant funds. All grant but may score lower than those that focus on the priorities. awards will be contingent on the selected applicant's return of a grant Priority Project Activities contract provided by TSSWCB which will incorporate all applicable state and federal contracting requirements. --Implement WPPs and TMDL I-Plans (see priority areas listed below). Grant Award Decisions --WPP development initiatives (see Appendix C in Texas NPS Man- agement Program), which include activities such as the formation of During the grant review and award process, the TSSWCB may take into watershed groups or water quality data collection and analysis. consideration other factors including whether the applicant has demon- strated acceptable past performance as a grantee in areas related to pro- --Implement components of the Texas Coastal NPS Pollution grammatic and financial stewardship of grant funds. Control Program in the Coastal Management Zone (https://www.tss- wcb.texas.gov/programs/texas-nonpoint-source-management-pro- TSSWCB may choose to award a grant contract from a different TSS- gram/coastal-nonpoint-source-pollution-control-program). WCB funding source than that for which the applicant applied. --Support use of federal Farm Bill Programs and Initiatives (National TSSWCB is not obligated to award a grant at the total amount requested Water Quality Initiative (NWQI). and/or within the budget categories requested. TSSWCB reserves the right to make awards at amounts above and/or below the stated funding --Demonstration projects and/or development/delivery of education levels. All grant decisions including, but not limited to, eligibility, eval- programs. uation and review, and funding rest completely within the discretionary Priority Areas for WPP Implementation Projects authority of the TSSWCB. The decisions made by the TSSWCB are fi- nal and are not subject to appeal. --WPPs Funding Priority --Mill Creek TSSWCB reserves the right to consider all other appropriations or --Leon River funding an applicant currently receives when making funding deci- --Geronimo and Alligator Creeks sions. --Lake Lavon Grant Award Notification --Plum Creek (Segment 1810) All applicants, unsuccessful and successful, will be notified. Those applicants whose proposals are recommended for funding will be con- --Lampasas River tacted, and then TSSWCB will work with the applicant to revise and --Double Bayou finalize the proposal prior to submittal to EPA. EPA must review and approve all proposals prior to TSSWCB awarding grant funds. TSS- --Navasota River WCB may utilize a grant contract document and/or a notice of grant --Attoyac Bayou document once a decision is made to award a grant. The applicant will be given a deadline to accept the grant award and to return the ap- --Mid and Lower Cibolo propriate document to the TSSWCB within the time prescribed by the ELIGIBLE ORGANIZATIONS TSSWCB. An applicant's failure to return the signed document to the TSSWCB within the prescribed time period will be construed as a re- Grants will be available to public and private entities such as local mu- jection of the grant award, and the TSSWCB may de-obligate funds. nicipal and county governments and other political subdivisions of the State (e.g., soil and water conservation districts), educational institu- Special Conditions tions, non-profit organizations, and state and federal agencies. Private The TSSWCB may assign special conditions at the time of the award. organizations (for profit), may participate in projects as partners orcon- Until satisfied, these special conditions may affect the applicant's abil- tractors but may not apply directly for funding. ity to receive funds. If special conditions are not resolved, the TSS- SELECTION PROCESS AND AWARD WCB may de-obligate funds up to the entire amount of the grant award. Review Process ELIGIBLE BUDGET CATEGORIES TSSWCB will review each proposal that is submitted by the deadline --Personnel by an eligible organization. --Fringe Benefits --At any time during the review process, a TSSWCB staff member may --Travel contact the applicant for additional information.

46 TexReg 5100 August 13, 2021 Texas Register --Equipment Requirements for Federal Awards 2 CFR 200 can be found at: http://www.ecfr.gov. --Supplies SUBMISSION PROCESS --Contractual To obtain a complete copy of TSSWCB's RFP and proposal --Construction submission packet, please visit https://www.tsswcb.texas.gov/pro- --Other grams/texas-nonpoint-source-management-program or contact Jana Lloyd at (254) 231-2491. All proposals must be submitted electroni- --Indirect cally (MS® Word) using the workplan template provided in this RFP; INELIGIBLE COSTS otherwise, proposals will be considered administratively incomplete and not considered for funding. All letters of support for the proposal, Ineligible costs include, but are not limited to: including letters from Project Partners confirming their role, must be --Contracting for grant activities that would otherwise be provided by received by the proposal due date to be considered. Submit proposals employees of the grantee's organization to [email protected]. Proposals must be received electronically by 5:00 p.m. CDT, September 24, 2021, to be considered. --Payment for lobbying FY2022 GRANT TIMELINE --Purchasing food and beverages except as allowed under Texas State Travel Guidelines Issuance of RFP August 13, 2021 --Purchasing or leasing vehicles Deadline for Submission of Proposals September 24, 2021 --Purchasing promotional items or recreational activities Proposal Evaluation by TSSWCB October-November 2021 --Paying for travel that is unrelated to the direct delivery of services Notification of Selected Proposals/Unsuccessful applicants December that supports the project funded under this RFP 2021 --Paying consultants or vendors who participate directly in writing a Work with applicants to Finalize Selected Proposals November- De- grant application cember 2021 --Paying any portion of the salary or any other compensation for an Review of Selected Proposals by EPA January 2022 elected government official Submit Grant Application to EPA May 2022 --Payment of bad debt, fines or penalties Contract Award August 2022 --Purchasing any other products or services the TSSWCB identifies as Anticipated Project Start Date September 1, 2022 inappropriate or unallowable. ATTACHMENTS --Any unallowable costs set forth in state or federal cost principles --Workplan Template is on pp. 8-18 of this RFP --Any unallowable costs set forth in the NPS Grant Program. --Evaluation and Ranking Criteria are on pp. 19-20 of this RFP STATE AND FEDERAL REQUIREMENTS --TSSWCB Certifications are on pp. 21-27 of this RFP. All applicants should review and be familiar with the TSSWCB ad- ministrative rules governing Nonpoint Source Grant Program. These TRD-202103035 rules are published in Texas Administrative Code, Title 31, Part 17, Liza Parker Chapter 523, §523.1(b)(2): https://texreg.sos.state.tx.us/public/read- Policy Analyst/Legislative Liaison tac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc= Texas State Soil and Water Conservation Board &pg=1&p_tac=&ti=31&pt=17&ch=523&rl=1 Filed: August 4, 2021 In addition to the TSSWCB's administrative rules, applicants should ♦ ♦ ♦ be familiar with the Uniform Grant Management Standards (UGMS) and relevant Code of Federal Regulations (CFR) that relate to state, Supreme Court of Texas and if applicable, federal grant funding. UGMS can be found at: Order Adding Comment to Texas Rule of Civil Procedure 107 https://comptroller.texas.gov/purchasing/grant-management/. Uni- form Administrative Requirements, Cost Principles, and Audit

IN ADDITION August 13, 2021 46 TexReg 5101 46 TexReg 5102 August 13, 2021 Texas Register IN ADDITION August 13, 2021 46 TexReg 5103 TRD-202103015 ♦ ♦ ♦ Jaclyn Daumerie Order Amending Texas Rule of Civil Procedure 199.1(B) Rules Attorney Supreme Court of Texas Filed: August 2, 2021

46 TexReg 5104 August 13, 2021 Texas Register IN ADDITION August 13, 2021 46 TexReg 5105 46 TexReg 5106 August 13, 2021 Texas Register TRD-202103016 ♦ ♦ ♦ Jaclyn Daumerie Rules Attorney Supreme Court of Texas Filed: August 2, 2021

IN ADDITION August 13, 2021 46 TexReg 5107