Office of the Attorney General. Comptroller of Public Accounts. IN ADDITION June 3, TexReg 4067

Office of the Attorney General Comptroller of Public Accounts Texas Water Code and Texas Health and Safety Code Settlement Notice Notice of Contrac...
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Office of the Attorney General

Comptroller of Public Accounts

Texas Water Code and Texas Health and Safety Code Settlement Notice

Notice of Contract Award

The State of Texas gives notice of the following proposed resolution of an environmental enforcement action under the Texas Water Code. Before the State may enter into a voluntary settlement agreement, pursuant to §7.110 of the Texas Water Code, the State shall permit the public to comment in writing. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreement if the comments disclose facts or considerations indicating that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the law. Case Title and Court: State of Texas v. Triple A Dump Truck Service, L.L.C., a/k/a Triple "A" Dump Truck Service, and Arnoldo Pena, Jr.; Cause No. D-1-GV-13-000232; in the 98th Judicial District Court, Travis County, Texas. Background: This is an enforcement action brought by the State of Texas on behalf of the Texas Commission on Environmental Quality (TCEQ) against Arnoldo Pena, Jr. (Pena), who owns and operates a dump truck and solid waste transport service, Triple A Dump Truck Service, L.L.C. (Triple A), located 4 1/4 miles north of Expressway 83 on Western Road, Mission, Hidalgo County, Texas (the Site). Pena and Triple A were cited for unauthorized disposal of municipal solid waste and unauthorized storage of scrap tires at the Site between 2008 and 2012. Proposed Settlement: The parties propose an Agreed Final Judgment and Permanent Injunction, which, among other things, orders Pena and Triple A to immediately stop any additional waste, including scrap tires, from being disposed of or stored at the Site, and imposes strict limits and conditions under which a tire wall may be maintained at the Site. The proposed settlement also provides for an award to the State against Pena and Triple A, jointly and severally, $7,000 in civil penalties and $6,700 in administrative penalties, as well as the State's reasonable attorney's fees. The Office of the Attorney General will accept written comments relating to the proposed judgment for thirty (30) days from the date of publication of this notice. The proposed judgment may be examined at the Office of the Attorney General, 300 W. 15th Street, 10th Floor, Austin, Texas, and copies may be obtained in person or by mail for the cost of copying. A copy is also lodged with the Travis County District Court. Requests for copies of the proposed judgment and settlement, and written comments on the same, should be directed to Shelly M. Doggett, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, MC 066, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. TRD-201602529 Amanda Crawford General Counsel Office of the Attorney General Filed: May 24, 2016







The Texas Comptroller of Public Accounts announces the award of a financial advisor services contract to George K. Baum & Company, 8115 Preston Road, Suite 650, Dallas, Texas 75225, under Request for Proposals No. 215a ("RFP"). The total amount of the contract is $58,398.00 per Note issuance plus approved out-of-state travel. The term of the contract is May 19, 2016, through December 31, 2017, with option to renew for up to two (2) additional one-year periods. The Contractor will provide financial advisor services to Comptroller for Tax and Revenue Application Notes (TRAN) issuances. The RFP was published in the February 5, 2016, issue of the Texas Register (41 TexReg 998). TRD-201602538 Jason C. Frizzell Assistant General Counsel, Contracts Comptroller of Public Accounts Filed: May 24, 2016







Notice of Request for Proposals Pursuant to Chapters 403 and 2254, Subchapter A of the Texas Government Code; and Chapters 72 - 75 of the Texas Property Code, the Texas Comptroller of Public Accounts ("Comptroller") announces the issuance of its Request for Proposals ("RFP #218g") from qualified, independent unclaimed property audit firms to assist Comptroller in performing unclaimed property audit and related services for Comptroller, including but not limited to, the identification, processing, and collection of unclaimed property due to the State of Texas under Chapters 72 - 75 of the Texas Property Code. Comptroller reserves the right to award one or more contracts under this RFP. The successful respondent(s) will be expected to begin performance of the contract(s), if any, awarded under this RFP on or about September 1, 2016. Contact: The RFP will be available electronically on the Electronic State Business Daily ("ESBD") at: http://esbd.cpa.state.tx.us on Friday, June 3, 2016, after 10:00 a.m., Central Time ("CT"). Parties interested in a hard copy of the RFP should contact Cynthia Stapper, Assistant General Counsel, Contracts, Texas Comptroller of Public Accounts, 111 E. 17th St., Rm 201, Austin, Texas 78774 ("Issuing Office"), telephone number: (512) 305-8673. Questions: All written questions must be received at the above-referenced address not later than 2:00 p.m. CT on Friday, June 10, 2016. Questions received after this time and date will not be considered. Prospective respondents are encouraged to fax or e-mail Questions to (512) 463-3669 or [email protected] to ensure timely receipt. On or about Friday, June 17, 2016, Comptroller expects to post responses to questions as an addendum to the Electronic State Business Daily notice on the issuance of the RFP. Closing Date: Proposals must be delivered to the Issuing Office no later than 2:00 p.m. CT, on Friday, July 1, 2016. Proposals received in

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41 TexReg 4067

the Issuing Office after this time and date will not be considered. Respondents shall be solely responsible for ensuring the timely receipt of their proposals in the Issuing Office. Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. Comptroller shall make the final decision on any contract award or awards resulting from the RFP. Comptroller reserves the right, in its sole discretion, to accept or reject any or all proposals submitted. Comptroller is not obligated to award or execute any contracts on the basis of this notice or the distribution of any RFP. Comptroller shall not pay for any costs incurred by any entity in responding to this notice or the RFP. The anticipated schedule of events is as follows: Issuance of RFP--June 3, 2016, after 10:00 a.m. CT; Questions Due--June 10, 2016, 2:00 p.m. CT; Official Responses to Questions posted June 17, 2016, or as soon thereafter as practical; Proposals Due--July 1, 2016, 2:00 p.m. CT; Contract Execution--August 1, 2016, or as soon thereafter as practical; and Commencement of Project Activities--on or after September 1, 2016. Any amendment to this solicitation will be posted on the ESBD as a RFP Addendum. It is the responsibility of interested parties to periodically check the ESBD for updates to the RFP prior to submitting a Proposal. TRD-201602548 Cynthia Stapper Assistant General Counsel, Contracts Comptroller of Public Accounts Filed: May 25, 2016

Technical Education, in the December 18, 2015 issue of the Texas Register (40 TexReg 9123). Three rules included language that would have allowed the courses described to satisfy a mathematics or science graduation requirement; however, the State Board of Education voted to remove this language at adoption and it should not have been included. The affected rules are §130.229 in Subchapter H, concerning Health Science, and §130.409 and §130.416 in Subchapter O, concerning Science, Technology, Engineering, and Mathematics. On page 9202, in §130.229(a), the sentence "This course satisfies a high school mathematics graduation requirement." should be removed. The corrected subsection reads as follows: "(a) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: Geometry and Algebra II. Students shall be awarded one credit for successful completion of this course." On page 9246, in §130.409(a), the sentence "This course satisfies a high school mathematics graduation requirement." should be removed. The corrected subsection reads as follows: "(a) General requirements. This course is recommended for students in Grades 10-12. Prerequisite: Robotics I. Students shall be awarded one credit for successful completion of this course." On page 9263, in §130.416(a), the sentence "This course satisfies a high school science graduation requirement." should be removed. The corrected subsection reads as follows:

Office of Consumer Credit Commissioner

"(a) General requirements. This course is recommended for students in Grades 11 and 12. Prerequisites: Biotechnology I and Chemistry. Students must meet the 40% laboratory and fieldwork requirement. Students shall be awarded one credit for successful completion of this course."

Notice of Rate Ceilings

TRD-201602544







The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009 and 304.003, Texas Finance Code. The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/30/16 - 06/05/16 is 18% for Consumer1/Agricultural/Commercial2 credit through $250,000. The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/30/16 - 06/05/16 is 18% for Commercial over $250,000. The judgment ceiling as prescribed by §304.003 for the period of 06/01/16 - 06/30/16 is 5.00% for Consumer/Agricultural/Commercial credit through $250,000. The judgment ceiling as prescribed by §304.003 for the period of 06/01/16 - 06/30/16 is 5.00% for Commercial over $250,000. 1

Credit for personal, family or household use.

2

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

TRD-201602522 Leslie L. Pettijohn Commissioner Office of Consumer Credit Commissioner Filed: May 24, 2016









Correction of Error The Texas Education Agency (TEA) adopted 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development, Subchapters A and B, in the September 25, 2015 issue of the Texas Register (40 TexReg 6588). TEA adopted 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapters A-P, in two batches in the September 25, 2015 issue of the Texas Register (40 TexReg 6596) and the December 18, 2015 issue of the Texas Register (40 TexReg 9123). The adopted sections will take effect on August 28, 2017. The first section in each of these subchapters addresses details related to the implementation of the new Texas Essential Knowledge and Skills (TEKS), including references to the sections adopted within the respective subchapter. Toward the end of the adoption of these TEKS, the State Board of Education took action to adopt TEKS for additional courses; however, due to error by TEA, the references to the span of sections within the subchapters were not updated to reflect the additional courses. A total of 18 subchapters were adopted; all but three subchapters need correction.

Chapter 127 Subchapter B, High School, §127.11 (correct span of sections is §§127.12-127.16)

Correction of Error The Texas Education Agency adopted new subchapters in 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and

June 3, 2016



Consequently, TEA submits corrections to the implementation section of each of the following subchapters:

Texas Education Agency

41 TexReg 4068



Texas Register

Chapter 130

Subchapter A, Agriculture, Food, and Natural Resources, §130.1 (correct span of sections is §§130.2-130.32) Subchapter B, Architecture and Construction, §130.41 (correct span of sections is §§130.42-130.72) Subchapter C, Arts, Audio/Video Technology, and Communications, §130.81 (correct span of sections is §§130.82-130.122) Subchapter D, Business Management and Administration, §130.131 (correct span of sections is §§130.132-130.144) Subchapter E, Education and Training, §130.161 (correct span of sections is §§130.162-130.166) Subchapter G, Government and Public Administration, §130.201 (correct span of sections is §§130.202-130.211) Subchapter I, Hospitality and Tourism, §130.251 (correct span of sections is §§130.252-130.263) Subchapter J, Human Services, §130.271 (correct span of sections is §§130.272-130.285) Subchapter K, Information Technology, §130.301 (correct span of sections is §§130.302-130.314) Subchapter L, Law, Public Safety, Corrections, and Security, §130.331 (correct span of sections is §§130.332-130.343) Subchapter M, Manufacturing, §130.351 (correct span of sections is §§130.352-130.367) Subchapter N, Marketing, §130.381 (correct span of sections is §§130.382-130.389) Subchapter O, Science, Technology, Engineering, and Mathematics, §130.401 (correct span of sections is §§130.402-130.419) Subchapter P, Transportation, Distribution, and Logistics, §130.441 (correct span of sections is §§130.442-130.466) TRD-201602550







Employees Retirement System of Texas Contract Award Announcement This contract award notice is being submitted by the Employees Retirement System of Texas with regard to a contract awarded to provide group vision care services for participants in the Texas Employees Group Benefits Program ("Contract"). The Contract was awarded to: Superior Vision, Inc. 939 Elkridge Landing Road, Suite 200 Linthicum, Maryland 21090 The value of the Contract is estimated to be $3,632,904. The Contract was executed on May 17, 2016, and will be for an initial four-year term beginning September 1, 2016, subject to the terms of the contract. TRD-201602477 Paula A. Jones Deputy Executive Director and General Counsel Employees Retirement System of Texas Filed: May 19, 2016







Contract Award Announcement

pharmacy benefit management services for the HealthSelectSM of Texas Prescription Drug Plan ("HealthSelect PDP") and HealthSelectSM of Texas Medicare Pharmacy Plan ("Medicare Rx PDP") for participants in the Texas Employees Group Benefits Program. Both contracts were awarded to: United HealthCare Services, Inc. 9900 Bren Road East Minnetonka, MN 55343 The HealthSelect PDP contract is for an initial term beginning January 1, 2017 and ending on August 31, 2022, subject to the terms of the contract. The cost of the HealthSelect PDP contract is estimated to be $12,729,000. The Medicare Rx PDP contract is for an initial term beginning January 1, 2017 and ending on December 31, 2022, subject to the terms of the contract. The cost of the Medicare Rx PDP contract is estimated to be $46,979,000. These contracts were executed on May 17, 2016. TRD-201602478 Paula A. Jones Deputy Executive Director and General Counsel Employees Retirement System of Texas Filed: May 19, 2016







Texas Commission on Environmental Quality Agreed Orders The Texas Commission on Environmental Quality (TCEQ, agency or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 5, 2016. TWC, §7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments. A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 5, 2016. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.

This contract award notice is being submitted by the Employees Retirement System of Texas with regard to contracts awarded to provide

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(1) COMPANY: Ascend Performance Materials Texas Incorporated; DOCKET NUMBER: 2016-0155-AIR-E; IDENTIFIER: RN100238682; LOCATION: Alvin, Brazoria County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), Texas Health and Safety Code, §382.085(b), Federal Operating Permit Number O2164, Special Terms and Conditions Number 16 and General Terms and Conditions, and New Source Review Permit Numbers 18251 and N011, Special Conditions Number 1, by failing to prevent unauthorized emissions; PENALTY: $13,125; Supplemental Environmental Project offset amount of $5,250; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (2) COMPANY: City of Arlington; DOCKET NUMBER: 20160012-MWD-E; IDENTIFIER: RN104950134; LOCATION: Arlington, Tarrant County; TYPE OF FACILITY: wastewater collection system; RULE VIOLATED: TWC, §26.121(a)(1), by failing to prevent an unauthorized discharge of wastewater from the collection system into or adjacent to water in the state; PENALTY: $26,250; Supplemental Environmental Project offset amount of $26,250; ENFORCEMENT COORDINATOR: Farhaud Abbaszadeh, (512) 239-0779; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800. (3) COMPANY: City of Rhome; DOCKET NUMBER: 2016-0137PWS-E; IDENTIFIER: RN101406874; LOCATION: Rhome, Wise County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and §290.122(b)(2)(A) and (f) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to comply with the maximum contaminant level (MCL) of 0.060 milligrams per liter (mg/L) for haloacetic acids (HAA5), based on the locational running annual average and failing to provide public notification and to provide a copy of the notification to the executive director (ED) regarding the failure to comply with the MCL for HAA5; and 30 TAC §290.115(f)(1) and §290.122(b)(2)(A) and (f) and THSC, §341.0315(c), by failing to comply with the MCL of 0.080 mg/L for total trihalomethanes (TTHM), based on the locational running annual average and failed to provide public notification and to provide a copy of the notification to the ED regarding the failure to comply with the MCL for TTHM; PENALTY: $690; ENFORCEMENT COORDINATOR: Holly Kneisley, (817) 588-5856; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800. (4) COMPANY: City of Seguin; DOCKET NUMBER: 20151774-WQ-E; IDENTIFIER: RN108806860; LOCATION: Seguin, Guadalupe County; TYPE OF FACILITY: construction project; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge stormwater associated with construction activity under Texas Pollutant Discharge Elimination System General Permit Number TXR150000; and TWC, §26.121(a)(2), by failing to prevent the unauthorized discharge of waste into or adjacent to any water in the state; PENALTY: $3,937; ENFORCEMENT COORDINATOR: Steven Van Landingham, (512) 239-5717; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096. (5) COMPANY: Daniel Castillo dba Raymond's Super Tire Shop; DOCKET NUMBER: 2016-0524-MSW-E; IDENTIFIER: RN108171562; LOCATION: Austin, Travis County; TYPE OF FACILITY: tire shop; RULE VIOLATED: 30 TAC §328.56(c), by failing to retain and make available upon request by agency personnel original manifests, work orders, invoices, or other documentation used to support activities related to the removal and management of all scrap tires generated on-site; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Tiffany Maurer, (512) 239-2696; REGIONAL

41 TexReg 4070

June 3, 2016

Texas Register

OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929. (6) COMPANY: Enbridge Pipelines (Texas Gathering) L.P.; DOCKET NUMBER: 2016-0250-AIR-E; IDENTIFIER: RN104621073; LOCATION: Briscoe, Wheeler County; TYPE OF FACILITY: gas compression plant; RULES VIOLATED: 30 TAC §122.143(4) and §122.145(2)(C), Texas Health and Safety Code, §382.085(b), and General Operating Permit Number 514/Federal Operating Permit Number O2861, Site-Wide Requirements (b)(2), by failing to submit a deviation report no later than 30 days after the end of the reporting period; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251. (7) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2015-1839-AIR-E; IDENTIFIER: RN102579307; LOCATION: Baytown, Harris County; TYPE OF FACILITY: petroleum refining plant; RULES VIOLATED: 30 TAC §§101.20(3), 116.715(a), and 122.143(4), Federal Operating Permit Number O1229, Special Terms and Conditions Number 30, Flexible Permit Numbers 18287, PSDTX730M4, and PAL7, Special Condition Number 1, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $50,000; Supplemental Environmental Project offset amount of $25,000; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (8) COMPANY: F and Z ENTERPRISES INCORPORATED dba Phillips Food Mart 2; DOCKET NUMBER: 2015-1582-PST-E; IDENTIFIER: RN101617777; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; 30 TAC §334.74, by failing to investigate a suspected release of a regulated substance within 30 days of discovery; and 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $30,480; ENFORCEMENT COORDINATOR: James Baldwin, (512) 239-1337; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (9) COMPANY: G4J Materials LLC; DOCKET NUMBER: 2016-0369-WQ-E; IDENTIFIER: RN107135113; LOCATION: Weatherford, Parker County; TYPE OF FACILITY: quarry; RULES VIOLATED: 30 TAC §§281.25(a)(4), 311.74(b)(1)(A), and 311.75, by failing to obtain authorization to discharge water associated with quarry activities to water in the state located in a water quality protection area in the John Graves Scenic Riverway; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Austin Henck, (512) 239-6155; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800. (10) COMPANY: G-M Water Supply Corporation; DOCKET NUMBER: 2016-0242-PWS-E; IDENTIFIER: RN101261691; LOCATION: Hemphill, Sabine County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to comply with the maximum contaminant level of 0.080 milligrams per liter (mg/L) for total trihalomethanes, based on the locational running annual average; 30 TAC §290.115(f)(1) and THSC, §341.0315(c), by failing to comply with the maximum contaminant level of 0.060 mg/L for haloacetic acids, based on the locational running annual average; PENALTY: $1,620; ENFORCEMENT COORDINATOR: David Carney, (512) 239-2583; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(11) COMPANY: HILL STONE COMPANY; DOCKET NUMBER: 2015-1527-MLM-E; IDENTIFIER: RN108719618; LOCATION: Jarrell, Williamson County; TYPE OF FACILITY: aggregate production operation (APO); RULES VIOLATED: 30 TAC §342.25(b), by failing to register the site as an APO no later than 10 business days before the beginning date of regulated activities; 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer Protection Plan prior to initiating a regulated activity over the Edwards Aquifer Recharge Zone; and 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge stormwater under a Texas Pollutant Discharge Elimination System General Permit associated with industrial activities; PENALTY: $47,188; ENFORCEMENT COORDINATOR: Austin Henck, (512) 239-6155; REGIONAL OFFICE 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929. (12) COMPANY: Ivest, L.P. dba Guardian Management; DOCKET NUMBER: 2016-0227-PWS-E; IDENTIFIER: RN102675162; LOCATION: Houston, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(A) and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper samples at the required five sample sites and submit the results to the executive director (ED) for the July 1, 2012 - December 31, 2012, January 1, 2013 - June 30, 2013, July 1, 2013 - December 31, 2013, January 1, 2014 - June 30, 2014, July 1, 2014 - December 31, 2014, and January 1, 2015 - June 30, 2015 monitoring periods and failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to conduct lead and copper monitoring for the January 1, 2015 - June 30, 2015 monitoring period; and 30 TAC §290.117(i)(6) and (j), by failing to mail consumer notification of lead tap water monitoring results to persons served at the locations that were sampled and failing to submit to the TCEQ a copy of the consumer notification and certification that the consumer notification has been distributed to the persons served at the locations in a manner consistent with TCEQ requirements for the January 1, 2013 - June 30, 2013 monitoring period; PENALTY: $2,073; ENFORCEMENT COORDINATOR: Katy Montgomery, (210) 403-4016; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500. (13) COMPANY: Juan Carlos Garza as Trustee of Valley Hi Congregation of Jehovah's Witnesses, Mario A. Cortes as Trustee of Valley Hi Congregation of Jehovah's Witnesses and Francisco C. Sanchez as Trustee of Valley Hi Congregation of Jehovah's Witnesses; DOCKET NUMBER: 2016-0253-PWS-E; IDENTIFIER: RN106540115; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(A) and (h) and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the executive director (ED) for the January 1, 2014 - June 30, 2014, July 1, 2014 - December 31, 2014, and January 1, 2015 - June 30, 2015 monitoring periods and failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1, 2014 - June 30, 2014, July 1, 2014 - December 31, 2014, and January 1, 2015 - June 30, 2015 monitoring periods; and 30 TAC §290.122(c)(2)(A) and (f), by failing to issue public notification and submit a copy of the public notification to the ED regarding the failure to submit a Disinfectant Level Quarterly Operating Report for the fourth quarter of 2013, the first quarter of 2014, and second quarter of 2015; PENALTY: $762; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2571; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096. (14) COMPANY: NEW CINGULAR WIRELESS PCS, LLC; DOCKET NUMBER: 2016-0412-EAQ-E; IDENTIFIER:

RN108852781; LOCATION: Austin, Travis County; TYPE OF FACILITY: commercial telecommunications office; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an Edwards Aquifer Protection Plan prior to commencing a regulated activity over the Edwards Aquifer Recharge Zone; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929. (15) COMPANY: Red River Authority of Texas; DOCKET NUMBER: 2016-0438-PWS-E; IDENTIFIER: RN101237527; LOCATION: Pottsboro, Grayson County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to comply with the maximum contaminant level (MCL) of 0.060 milligrams per liter (mg/L) for haloacetic acids, based on the locational running annual average; and 30 TAC §290.115(f)(1) and THSC, §341.0315(c), by failing to comply with the MCL of 0.080 mg/L for total trihalomethanes, based on the locational running annual average; PENALTY: $1,260; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800. (16) COMPANY: TARIQ ENTERPRISES, INCORPORATED dba S and S Fina Mart; DOCKET NUMBER: 2016-0295-PST-E; IDENTIFIER: RN102645025; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks for releases at a frequency of at least once every month; PENALTY: $2,438; ENFORCEMENT COORDINATOR: Catherine Grutsch, (512) 239-2607; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800. (17) COMPANY: The Premcor Refining Group Incorporated; DOCKET NUMBER: 2016-0052-AIR-E; IDENTIFIER: RN102584026; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), New Source Review Permit Numbers 6825A, PSDTX49, and N65, Special Conditions Number 1, Federal Operating Permit Number O1498, Special Terms and Conditions Number 18, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $140,000; Supplemental Environmental Project offset amount of $70,000; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838. (18) COMPANY: Total Petrochemicals and Refining USA, Incorporated; DOCKET NUMBER: 2016-0219-AIR-E; IDENTIFIER: RN102457520; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), Federal Operating Permit Number O1267, Special Terms and Conditions Number 29, New Source Review Permit Numbers 46396, PSDTX1073M2, and N044, Special Conditions Number 1, and Texas Health and Safety Code, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $6,563; Supplemental Environmental Project offset amount of $2,625; ENFORCEMENT COORDINATOR: Raime Hayes-Falero, (713) 767-3567; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838. (19) COMPANY: WILLIAMS CHRYSLER, L.P.; DOCKET NUMBER: 2016-0483-PST-E; IDENTIFIER: RN101381614; LOCATION: Weatherford, Parker County; TYPE OF FACILITY: fleet refueling; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks

IN ADDITION June 3, 2016

41 TexReg 4071

(USTs) for releases at a frequency of at least once every month; and 30 TAC §334.51(b)(2) and TWC, §26.3475(c)(2), by failing to equip the UST system with a spill containment device that will prevent the release of regulated substances to the environment; PENALTY: $4,375; ENFORCEMENT COORDINATOR: Thomas Greimel, (512) 239-5690; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800. (20) COMPANY: WKP ENTERPRISES, INCORPORATED dba Austin Landscape Supplies; DOCKET NUMBER: 2016-0401MLM-E; IDENTIFIER: RN101499879; LOCATION: Georgetown, Williamson County; TYPE OF FACILITY: landscape supply and municipal solid waste recycling and processing facility; RULES VIOLATED: 30 TAC §332.8(c)(1), by failing to maintain a setback distance of at least 50 feet from all property boundaries to the edge of the area receiving, processing, or storing feedstock or finished product; 30 TAC §213.8(a)(6), by failing to not cause, suffer, allow, or permit the unauthorized discharge of industrial wastewater on the Edwards Aquifer Recharge Zone that would create additional pollutant loading; 30 TAC §281.25(a)(4), 40 Code of Federal Regulations (CFR) §122.26(c), and Texas Pollutant Discharge Elimination System General Permit Number TXR050000, Part III, Section A, Number 1(a), by failing to maintain a complete Stormwater Pollution Prevention Plan; 30 TAC §324.6 and 40 CFR §279.22(c)(1), by failing to mark or clearly label used oil storage containers with the words 'Used Oil'; and 30 TAC §324.4(1) and 40 CFR §279.22(d)(3), by failing to prevent the disposal of used oil onto the ground and failed to clean up and manage properly the released used oil; PENALTY: $3,063; ENFORCEMENT COORDINATOR: Danielle Porras, (713) 767-3682; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929. TRD-201602514 Kathleen C. Decker Director, Litigation Division Texas Commission on Environmental Quality Filed: May 24, 2016







An agreed order was adopted regarding Trinity Materials, Inc., Docket No. 2014-1528-MLM-E on May 24, 2016 assessing $2,475 in administrative penalties with $495 deferred. Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding Swash Car Spa, LLC, Docket No. 2015-1099-PST-E on May 24, 2016 assessing $7,271 in administrative penalties with $1,454 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Stump, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding Compass Well Services, LLC, Docket No. 2015-1135-MLM-E on May 24, 2016 assessing $5,166 in administrative penalties with $1,033 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

June 3, 2016

Information concerning any aspect of this order may be obtained by contacting Ross Luedtke, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding Aqua Development, Inc., Docket No. 2015-1225-MWD-E on May 24, 2016 assessing $3,501 in administrative penalties with $700 deferred. Information concerning any aspect of this order may be obtained by contacting Christopher Bost, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding Donald S. Fletcher, Docket No. 2015-1226-WQ-E on May 24, 2016 assessing $6,700 in administrative penalties with $1,340 deferred. Information concerning any aspect of this order may be obtained by contacting Alejandro Laje, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding G&S LAKESIDE LEASING, LLC, Docket No. 2015-1295-WQ-E on May 24, 2016 assessing $5,000 in administrative penalties with $1,000 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding City of Haskell, Docket No. 2015-1443-MWD-E on May 24, 2016 assessing $3,300 in administrative penalties with $660 deferred.

Enforcement Orders

41 TexReg 4072

An agreed order was adopted regarding AMERICALF, LLC, Joe Mendes Borges, and Mary Francis Borges, Docket No. 2015-1208-AGR-E on May 24, 2016 assessing $2,250 in administrative penalties with $450 deferred.

Texas Register

Information concerning any aspect of this order may be obtained by contacting Alejandro Laje, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding DOG RIDGE WATER SUPPLY CORPORATION, Docket No. 2015-1536-PWS-E on May 24, 2016 assessing $1,458 in administrative penalties with $291 deferred. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding H.E. LAKES DEVELOPMENT CORPORATION, Docket No. 2015-1550-MLM-E on May 24, 2016 assessing $1,938 in administrative penalties with $387 deferred. Information concerning any aspect of this order may be obtained by contacting Austin Henck, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding TEXAN TULIP, INC. dba Toucan's Convenience, Docket No. 2015-1690-PWS-E on May 24, 2016 assessing $469 in administrative penalties with $93 deferred. Information concerning any aspect of this order may be obtained by contacting Katy Montgomery, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding PINE KNOB ESTATE WATER, INC., Docket No. 2015-1701-PWS-E on May 24, 2016 assessing $2,292 in administrative penalties with $458 deferred.

An agreed order was adopted regarding Aqua Utilities, Inc., Docket No. 2016-0059-PWS-E on May 24, 2016 assessing $142 in administrative penalties with $28 deferred.

Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

Information concerning any aspect of this order may be obtained by contacting Sarah Kim, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding E. I. du Pont de Nemours and Company, Docket No. 2015-1753-AIR-E on May 24, 2016 assessing $7,500 in administrative penalties with $1,500 deferred.

An agreed order was adopted regarding Preferred Petroleum Services Inc, Docket No. 2016-0076-PST-E on May 24, 2016 assessing $4,606 in administrative penalties with $921 deferred.

Information concerning any aspect of this order may be obtained by contacting Eduardo Heras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

Information concerning any aspect of this order may be obtained by contacting John Fennell, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. A field citation was adopted regarding Couto Homes, Inc., Docket No. 2016-0394-WQ-E on May 24, 2016 assessing $875 in administrative penalties.

An agreed order was adopted regarding Vernor Material & Equipment Co., Inc., Docket No. 2015-1762-WQ-E on May 24, 2016 assessing $6,413 in administrative penalties with $1,282 deferred. Information concerning any aspect of this order may be obtained by contacting Jill Russell, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding Wickson Creek Special Utility District, Docket No. 2015-1766-PWS-E on May 24, 2016 assessing $345 in administrative penalties with $69 deferred. Information concerning any aspect of this order may be obtained by contacting Epifanio Villareal, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding German N. Vega dba G & C Convenience Store, Docket No. 2015-1789-PST-E on May 24, 2016 assessing $5,818 in administrative penalties with $1,163 deferred. Information concerning any aspect of this order may be obtained by contacting James Baldwin, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding Valero Refining-Texas, L.P., Docket No. 2015-1795-AIR-E on May 24, 2016 assessing $500 in administrative penalties with $100 deferred. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding Williamson Travis Counties Municipal Utility District 1, Docket No. 2015-1796-WQ-E on May 24, 2016 assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Austin Henck, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding Town of Anthony, Docket No. 2015-1847-MWD-E on May 24, 2016 assessing $6,250 in administrative penalties with $1,250 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Van Landingham, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

Information concerning any aspect of this order may be obtained by contacting Jill Russell, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding LAKESHORE UTILITY COMPANY, Docket No. 2014-1469-PWS-E on May 25, 2016 assessing $6,955 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jacquelyn Boutwell, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding PINEYWOODS BAPTIST ENCAMPMENT, Docket No. 2014-1501-MWD-E on May 25, 2016 assessing $8,413 in administrative penalties with $1,682 deferred. Information concerning any aspect of this order may be obtained by contacting Ross Luedtke, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding City of Pasadena, Docket No. 2015-0087-MWD-E on May 25, 2016 assessing $42,188 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Alejandro Laje, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding American Water Operations and Maintenance, Inc., Docket No. 2015-0606-WQ-E on May 25, 2016 assessing $7,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. A default order was adopted regarding Larry Hill, Docket No. 2015-0777-MSW-E on May 25, 2016 assessing $1,312 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jacquelyn Boutwell, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding Our Lady of Atonement Catholic Church, Docket No. 2015-0898-EAQ-E on May 25, 2016 assessing $7,813 in administrative penalties with $1,562 deferred.

IN ADDITION June 3, 2016

41 TexReg 4073

Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. A default order was adopted regarding Signal International Texas, L.P., Docket No. 2015-0986-AIR-E on May 25, 2016 assessing $2,813 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jess Robinson, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding Chevron Phillips Chemical Company LP, Docket No. 2015-1059-AIR-E on May 25, 2016 assessing $11,550 in administrative penalties with $2,310 deferred. Information concerning any aspect of this order may be obtained by contacting Jennifer Nguyen, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding Barbara E. Kiolbassa dba River Oaks Ranch Subdivision and John W. Kiolbassa dba River Oaks Ranch Subdivision, Docket No. 2015-1081-PWS-E on May 25, 2016 assessing $2,129 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Katy Montgomery, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding S & A OIL CO., INC. dba Handi Stop 91, Docket No. 2015-1085-PST-E on May 25, 2016 assessing $8,685 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ian Groetsch, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding TRAILSWEST MOBILE HOME PARK, LLC, Docket No. 2015-1097-PWS-E on May 25, 2016 assessing $2,525 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ryan Rutledge, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding Forester Estates, LLC dba Cedar Grove Park, Docket No. 2015-1119-PWS-E on May 25, 2016 assessing $2,973 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jess Robinson, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding City of Tenaha, Docket No. 2015-1156-PWS-E on May 25, 2016 assessing $420 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jim Fisher, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding Total Petrochemicals & Refining USA, Inc., Docket No. 2015-1184-AIR-E on May 25, 2016 assessing $113,354 in administrative penalties with $22,670 deferred.

41 TexReg 4074

June 3, 2016

Texas Register

Information concerning any aspect of this order may be obtained by contacting Jennifer Nguyen, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding Oxy Vinyls, LP, Docket No. 2015-1241-AIR-E on May 25, 2016 assessing $13,680 in administrative penalties with $2,736 deferred. Information concerning any aspect of this order may be obtained by contacting Raime Hayes-Falero, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding Smith Oil Company, Inc., Docket No. 2015-1301-PST-E on May 25, 2016 assessing $22,720 in administrative penalties with $4,544 deferred. Information concerning any aspect of this order may be obtained by contacting Abigail Lindsey, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding Total Petrochemicals & Refining USA, Inc., Docket No. 2015-1302-AIR-E on May 25, 2016 assessing $65,000 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jennifer Nguyen, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding Howard C. Bigham Jr. dba Key Mobile Home Park, Docket No. 2015-1365-PWS-E on May 25, 2016 assessing $855 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding CIRCLE K STORES INC., Docket No. 2015-1407-PST-E on May 25, 2016 assessing $17,587 in administrative penalties with $3,517 deferred. Information concerning any aspect of this order may be obtained by contacting James Baldwin, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding Enterprise Products Operating LLC, Docket No. 2015-1416-IWD-E on May 25, 2016 assessing $12,600 in administrative penalties with $2,520 deferred. Information concerning any aspect of this order may be obtained by contacting Austin Henck, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding KIA ENTERPRISES, INC. dba Iffi Stop 1 Food Market, Docket No. 2015-1431-PWS-E on May 25, 2016 assessing $200 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Epifanio Villareal, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding AMY OIL & GAS INC. dba Lone Star Supermarket, Docket No. 2015-1453-PST-E on May 25, 2016 assessing $10,608 in administrative penalties with $2,121 deferred.

Information concerning any aspect of this order may be obtained by contacting James Baldwin, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

Information concerning any aspect of this order may be obtained by contacting Ryan Byer, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding ESPERANZA WATER SERVICE COMPANY, INC., Docket No. 2015-1491-PWS-E on May 25, 2016 assessing $202 in administrative penalties.

An agreed order was adopted regarding Brian K. Carroll dba Artesian Springs, LLC, Docket No. 2015-1593-PWS-E on May 25, 2016 assessing $918 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting James Boyle, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

Information concerning any aspect of this order may be obtained by contacting Sarah Kim, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding BARTON WATER SUPPLY CORPORATION, Docket No. 2015-1510-PWS-E on May 25, 2016 assessing $330 in administrative penalties.

An agreed order was adopted regarding City of Lorena, Docket No. 2015-1631-PWS-E on May 25, 2016 assessing $575 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kingsley Coppinger, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

Information concerning any aspect of this order may be obtained by contacting Steven Stump, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding ALON USA, LP, Docket No. 2015-1519-IWD-E on May 25, 2016 assessing $45,000 in administrative penalties with $9,000 deferred.

An agreed order was adopted regarding Riviera Water System, Inc., Docket No. 2015-1644-PWS-E on May 25, 2016 assessing $1,222 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Steven Van Landingham, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

Information concerning any aspect of this order may be obtained by contacting Ryan Byer, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Ore City, Docket No. 2015-1524-MWD-E on May 25, 2016 assessing $17,325 in administrative penalties.

An agreed order was adopted regarding City of Falfurrias, Docket No. 2015-1700-PWS-E on May 25, 2016 assessing $345 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Steven Van Landingham, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

Information concerning any aspect of this order may be obtained by contacting Sarah Kim, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Victoria County Water Control and Improvement District No. 2, Docket No. 2015-1538-PWS-E on May 25, 2016 assessing $687 in administrative penalties.

TRD-201602580 Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: May 25, 2016

Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding City of Toyah, Docket No. 2015-1546-PWS-E on May 25, 2016 assessing $243 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (512) 2392545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding POST OAK HILL WATER SUPPLY CORPORATION and Mert Way, Docket No. 2015-1584PWS-E on May 25, 2016 assessing $932 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Steven Hall, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. An agreed order was adopted regarding City of Lueders, Docket No. 2015-1591-PWS-E on May 25, 2016 assessing $588 in administrative penalties.







Notice of Application and Public Hearing for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls Proposed Air Quality Registration Number 140257 APPLICATION. BC Materials, LLC, P.O. Box 249, Hewitt, Texas 76643-0249 has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls Registration, Number 140257, to authorize the operation of a concrete batch plant. The facility is proposed to be located on the east side of County Road 105 approximately 1.09 miles south of Highway 21, Caldwell, Burleson County, Texas 77836. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=30.509166&lng=-96.711944&zoom=13&type=r. This application was submitted to the TCEQ on April 27, 2016. The primary function of this plant is to manufacture concrete by mixing materials including (but not limited to) sand, aggregate, cement and

IN ADDITION June 3, 2016

41 TexReg 4075

water. The executive director has determined the application was technically complete on May 4, 2016. PUBLIC COMMENT / PUBLIC HEARING. Public written comments about this application may be submitted at any time during the public comment period. The public comment period begins on the first date notice is published and extends to the close of the public hearing. Public comments may be submitted either in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at www.tceq.texas.gov/about/comments.html. If you choose to communicate with the TCEQ electronically, please be aware that your email address, like your physical mailing address, will become part of the agency's public record. A public hearing has been scheduled that will consist of two parts, an informal discussion period and a formal comment period. During the informal discussion period, the public is encouraged to ask questions of the applicant and TCEQ staff concerning the application, but comments made during the informal period will not be considered by the executive director before reaching a decision on the permit, and no formal response will be made to the informal comments. During the formal comment period, members of the public may state their comments into the official record. Written comments about this application may also be submitted at any time during the hearing. The purpose of a public hearing is to provide the opportunity to submit written comments or an oral statement about the application. The public hearing is not an evidentiary proceeding. The Public Hearing is to be held: Monday, June 27, 2016, at 6:00 p.m. Caldwell Civic/Visitors Center 103 Presidential Corridor Highway 21 West Caldwell, Texas 77836 RESPONSE TO COMMENTS. A written response to all formal comments will be prepared by the executive director after the comment period closes. The response, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments and the response to comments will be posted in the permit file for viewing. The executive director shall approve or deny the application not later than 35 days after the date of the public hearing, considering all comments received within the comment period, and base this decision on whether the application meets the requirements of the standard permit. CENTRAL/REGIONAL OFFICE. The application will be available for viewing and copying at the TCEQ Central Office and the TCEQ Waco Regional Office, located at 6801 Sanger Ave. Ste. 2500, Waco, Texas 76710-7826, during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, beginning the first day of publication of this notice. INFORMATION. If you need more information about this permit application or the permitting process, please call the Public Education Program toll free at (800) 687-4040. Si desea información en español, puede llamar al (800) 687-4040. Further information may also be obtained from BC Materials, LLC, P.O. Box 249, Hewitt, Texas 76643-0249, or by calling Mrs. Kathryn Sipe, Environmental Specialist, Westward Environmental, Inc. at (830) 249-8284. Notice Issuance Date: May 18, 2016 TRD-201602585

41 TexReg 4076

June 3, 2016

Texas Register

Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: May 25, 2016







Notice of District Petition Notice issued May 20, 2016. Texas Commission on Environmental Quality (TCEQ) Internal Control No. D-04082016-012; HM Parten Ranch Development, Inc. (Petitioner) filed a petition for creation of Springhollow Municipal Utility District of Hays County (District) with the TCEQ. The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner holds title to a majority in value of the land to be included in the proposed District; (2) there is only one lienholder, International Bank of Commerce on the property to be included in the proposed District and the before mentioned entity has consented to the petition; (3) the proposed District will contain approximately 531.542 acres located within Hays County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Dripping Springs, Texas, and no portion of land within the proposed District is located outside the corporate limits of any other city, town or village in Texas. By Resolution No. 2008-3, passed and approved December 11, 2007, and Resolution No. 2016-13, passed and approved January 19, 2016, the City of Dripping Springs gave its consent to the creation of the proposed District, pursuant to Texas Water Code §54.016. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioner, from the information available at this time, that the cost of said project will be approximately $42,550,000 ($37,950,000 for utilities plus $4,600,000 for roads). INFORMATION SECTION To view the complete issued notice, view the notice on our web site at www.tceq.texas.gov/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results. The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O.

Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.texas.gov. Issued in Austin, Texas on May 24, 2016 TRD-201602542 Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: May 25, 2016







Notice of Informational Meeting on Air Quality Standard Permit for Permanent Rock and Concrete Crushers by La Bala De Plata Investments, LLC, Proposed Air Quality Registration Number 139539 APPLICATION. La Bala de Plata Investments, LLC, P.O. Box 1631, Blanco, Texas 78606-1631 has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit, Registration Number 139539, which would authorize construction of a permanent rock crusher. The facility is proposed to be located at 8277 East U.S. Highway 290, Johnson City, Blanco County, Texas 78636. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=30.1994&lng=-98.2503&zoom=13&type=r. This application was submitted to the TCEQ on March 23, 2016. The executive director determined the application was technically complete on March 29, 2016. The TCEQ will conduct an informational meeting to answer questions and discuss the application. The meeting will be held: Thursday, June 2, 2016 at 7:00 PM Lyndon B. Johnson High School Commons Area 505 North Nugent Johnson City, Texas 78636 INFORMATION. For more information about this permit application or the permitting process, please call the Public Education Program toll free at 1-800-687-4040. General information can be found at our web site at www.tceq.texas.gov. Si desea información en español, puede llamar al 1 800-687-4040. Persons with disabilities who need special accommodations at the meeting should call the Office of the Chief Clerk at (512) 239-3300 or 1-800-RELAY-TX (TDD) at least one week prior to the meeting. Issued: May 23, 2016 TRD-201602586 Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: May 25, 2016







Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. TWC, §7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. TWC, §7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 5, 2016. TWC, §7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments. A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 5, 2016. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, TWC, §7.075 provides that comments on an AO shall be submitted to the commission in writing. (1) COMPANY: ARSHAM METAL INDUSTRIES, INC.; DOCKET NUMBER: 2015-0858-AIR-E; TCEQ ID NUMBER: RN100902543; LOCATION: 11280 Charles Road, Houston, Harris County; TYPE OF FACILITY: secondary aluminum production facility; RULES VIOLATED: Texas Health and Safety Code (THSC), §382.085(b), 30 TAC §116.115(c), and New Source Review (NSR) Permit Number 50288, Special Conditions Numbers 5, 6, and 7, by failing to conduct quarterly visible emissions observations; THSC, §382.085(b), 30 TAC §116.115(c), and NSR Permit Number 50288, Special Condition Number 30.C., by failing to maintain records; THSC, §382.085(b), 30 TAC §113.750 and §116.115(c), 40 Code of Federal Regulations (CFR) §63.1517(a) and (b), and NSR Permit Number 50288, Special Condition Number 4.B., by failing to comply with the recordkeeping requirements of 40 CFR Part 63, Subpart RRR; THSC, §382.085(b), 30 TAC §116.115(c), and NSR Permit Number 50288, Special Condition Number 17, by failing to store particulate matter collected by the baghouse filter in closed containers and handle in a manner to prevent the material from becoming airborne until proper disposition is complete; and THSC, §382.085(a) and (b) and 30 TAC §101.4, by causing, suffering, allowing, and permitting an odor nuisance; PENALTY: $30,449; STAFF ATTORNEY: Elizabeth Carroll Harkrider, Litigation Division, MC 175, (512) 239-2008; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500. (2) COMPANY: Blueberry Hills Water Works, L.L.C.; DOCKET NUMBER: 2015-0736-PWS-E; TCEQ ID NUMBER: RN101191229; LOCATION: 2326 United States Highway 59 West, Beeville, Bee County; TYPE OF FACILITY: public water system; RULES VIOLATED: Texas Health and Safety Code, §341.0315(c) and 30 TAC §290.115(f)(1), by failing to comply with the maximum containment level of 0.080 milligrams per liter for total trihalomethanes, based on the locational running annual average; PENALTY: $345; STAFF ATTORNEY: David A. Terry, Litigation Division, MC 175, (512)

IN ADDITION June 3, 2016

41 TexReg 4077

239-0619; REGIONAL OFFICE: Corpus Christi Regional Office, NRC Building, Suite 1200, 6300 Ocean Drive, Unit 5839, Corpus Christi, Texas 78412-5839, (361) 825-3100. (3) COMPANY: Mary Regina Hunt; DOCKET NUMBER: 2015-0705-MSW-E; TCEQ ID NUMBER: RN107151995; LOCATION: 1395 County Road 295, Jasper, Jasper County; TYPE OF FACILITY: real property; RULE VIOLATED: 30 TAC §330.15(c), by causing, suffering, allowing, or permitting the unauthorized disposal of municipal solid waste; PENALTY: $3,937; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838. (4) COMPANY: Smith Oil Company, Inc. dba Ottos 15; DOCKET NUMBER: 2015-1259-PST-E; TCEQ ID NUMBER: RN101819944; LOCATION: 1109 East End Boulevard, Marshall, Harrison County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; TWC, §26.3467(a) and 30 TAC §334.8(c)(5)(A)(i), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A), by failing to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); and 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of the petroleum USTs; PENALTY: $13,628; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100. (5) COMPANY: W.T. Byler Co., Inc.; DOCKET NUMBER: 2014-1699-AIR-E; TCEQ ID NUMBER: RN105623466; LOCATION: Channelview, Harris County; TYPE OF FACILITY: portable air curtain incinerator; RULES VIOLATED: Texas Health and Safety Code (THSC), §382.085(b), 30 TAC §§122.143(4), 122.145(2)(B), and 122.146(1) and (2), Federal Operating Permit (FOP) O-3718/General Operating Permit (GOP) Number 518, Terms and Conditions (b)(4)(C)(ii) and (D), and TCEQ AO Docket Number 2011-0995-AIR-E, Ordering Provision Number 2.a.i., by failing to submit semi-annual deviation reports and an annual permit compliance certification timely and accurately; and THSC, §382.085(b), 30 TAC §122.143(4), FOP O-3718/GOP Number 518, Terms and Conditions (b)(13)(B)(i), and TCEQ AO Docket Number 2011-0995-AIR-E, Ordering Provision Number 2.a.ii., by failing to perform quarterly visible emissions observations; PENALTY: $11,901; STAFF ATTORNEY: David A. Terry, Litigation Division, MC 175, (512) 239-0619; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500. TRD-201602516 Kathleen C. Decker Director, Litigation Division Texas Commission on Environmental Quality Filed: May 24, 2016







Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

41 TexReg 4078

June 3, 2016

Texas Register

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 5, 2016. The commission will consider any written comments received, and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments. A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on July 5, 2016. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075 provides that comments on the DOs shall be submitted to the commission in writing. (1) COMPANY: Maher Abdelrahim Zardeh; DOCKET NUMBER: 2015-1406-PST-E; TCEQ ID NUMBER: RN102277415; LOCATION: 3319 East Belknap Street, Fort Worth, Tarrant County; TYPE OF FACILITY: inactive underground storage tank (UST) system; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed implementation date, a UST system for which any applicable component is not brought into timely compliance with the upgrade requirements; and 30 TAC §334.7(d)(3), by failing to provide an amended registration for any change or additional information regarding the USTs within 30 days from the date of the occurrence of the change or addition; PENALTY: $11,375; STAFF ATTORNEY: Isaac Ta, Litigation Division, MC 175, (512) 239-0683; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800. (2) COMPANY: Trident Environmental Resource Consulting, LLC; DOCKET NUMBER: 2015-0067-MSW-E; TCEQ ID NUMBER: RN100735208; LOCATION: 3765 County Road 2135, Telephone, Fannin County; TYPE OF FACILITY: scrap tire processing facility; RULE VIOLATED: 30 TAC §328.63(c), by failing to obtain a scrap tire facility registration prior to commencing operations; PENALTY: $2,625; STAFF ATTORNEY: J. Amber Ahmed, Litigation Division, MC 175, (512) 239-1204; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800. TRD-201602517

tacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.

Kathleen C. Decker Director, Litigation Division Texas Commission on Environmental Quality Filed: May 24, 2016







Notice of Public Hearing on Assessment of Administrative Penalties and Requiring Certain Actions of H Shaheen LLC d/b/a AM Food Mart SOAH Docket No. 582-16-4245 TCEQ Docket No. 2015-0973-PST-E The Texas Commission on Environmental Quality (TCEQ or the Commission) has referred this matter to the State Office of Administrative Hearings (SOAH). An Administrative Law Judge with the State Office of Administrative Hearings will conduct a public hearing at: 10:00 a.m. - June 23, 2016 William P. Clements Building 300 West 15th Street, 4th Floor Austin, Texas 78701 The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed January 4, 2016 concerning assessing administrative penalties against and requiring certain actions of H Shaheen LLC d/b/a AM Food Mart, for violations in Harris County, Texas, of: Tex. Water Code §§26.3475(c)(1) and (d) and 30 Tex. Admin. Code §334.49(c)(2)(C) and §334.50(b)(1)(A). The hearing will allow H Shaheen LLC d/b/a AM Food Mart, the Executive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford H Shaheen LLC d/b/a AM Food Mart, the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of H Shaheen LLC d/b/a AM Food Mart to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may be granted by default. The specific allegations included in the notice are those set forth in the Executive Director's Preliminary Report and Petition, attached hereto and incorporated herein for all purposes. H Shaheen LLC d/b/a AM Food Mart, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding. Legal Authority: Tex. Water Code §7.054 and chs. 7 and 26 and 30 Tex. Admin. Code chs. 70 and 334; Tex. Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Tex. Admin. Code §70.108 and §70.109 and ch. 80, and 1 Tex. Admin. Code ch. 155. Further information regarding this hearing may be obtained by contacting Clayton Smith, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information concerning your participation in this hearing may be obtained by con-

Any document filed prior to the hearing must be filed with TCEQ's Office of the Chief Clerk and SOAH. Documents filed with the Office of the Chief Clerk may be filed electronically at http://www.tceq.texas.gov/goto/eFilings or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087. Documents filed with SOAH may be filed via fax at (512) 322-2061 or sent to the following address: SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When contacting the Commission or SOAH regarding this matter, reference the SOAH docket number given at the top of this notice. Persons who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-3445, at least one week before the hearing. Issued: May 23, 2016 TRD-201602588 Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: May 25, 2016







Notice of Public Hearing on Assessment of Administrative Penalties and Requiring Certain Actions of Chaklashia Enterprises, Inc. d/b/a Sunmart 290 SOAH Docket No. 582-16-4178 TCEQ Docket No. 2015-1464-PST-E The Texas Commission on Environmental Quality (TCEQ or the Commission) has referred this matter to the State Office of Administrative Hearings (SOAH). An Administrative Law Judge with the State Office of Administrative Hearings will conduct a public hearing at: 10:00 a.m. - June 23, 2016 William P. Clements Building 300 West 15th Street, 4th Floor Austin, Texas 78701 The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed January 26, 2016 concerning assessing administrative penalties against and requiring certain actions of CHAKLASHIA ENTERPRISES, INC. d/b/a Sunmart 290, for violations in Harris County, Texas, of: Tex. Water Code §26.3475(c)(1) and 30 Tex. Admin. Code §334.50(b)(1)(A). The hearing will allow CHAKLASHIA ENTERPRISES, INC. d/b/a Sunmart 290, the Executive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford CHAKLASHIA ENTERPRISES, INC. d/b/a Sunmart 290, the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of CHAKLASHIA ENTERPRISES, INC. d/b/a Sunmart 290 to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the no-

IN ADDITION June 3, 2016

41 TexReg 4079

tice of hearing may be granted by default. The specific allegations included in the notice are those set forth in the Executive Director's Preliminary Report and Petition, attached hereto and incorporated herein for all purposes. CHAKLASHIA ENTERPRISES, INC. d/b/a Sunmart 290, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding. Legal Authority: Tex. Water Code §7.054, Tex. Water Code chs. 7 and 26, and 30 Tex. Admin. Code chs. 70 and 334; Tex. Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Tex. Admin. Code §70.108 and §70.109 and ch. 80, and 1 Tex. Admin. Code ch. 155. Further information regarding this hearing may be obtained by contacting Amanda Patel, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information concerning your participation in this hearing may be obtained by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363. Any document filed prior to the hearing must be filed with TCEQ's Office of the Chief Clerk and SOAH. Documents filed with the Office of the Chief Clerk may be filed electronically at http://www.tceq.texas.gov/goto/eFilings or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087. Documents filed with SOAH may be filed via fax at (512) 322-2061 or sent to the following address: SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When contacting the Commission or SOAH regarding this matter, reference the SOAH docket number given at the top of this notice. Persons who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-3445, at least one week before the hearing. Issued: May 23, 2016 TRD-201602591 Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: May 25, 2016







Notice of Water Rights Application Notices issued May 10, 2016 through May 20, 2016. APPLICATION NO. 13245; Sunoco Partners Marketing & Terminals LP, P.O. Box 758, Nederland, Texas 77627, Applicant, has applied for a water use permit to divert and use not to exceed 1,000 acre-feet of water per year from four points located on the Neches River, Neches River Basin, for industrial purposes in Jefferson County. The application was received on December 18, 2015. Additional information and fees were received on December 30, 2015 and March 21, 2016. The application was declared administratively complete and filed with the Texas Commission on Environmental Quality (TCEQ) Office of the Chief Clerk on March 8, 2016. The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would contain special conditions including, but not limited to, installing a measuring device. The application and Executive Director's draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Building F, Austin, Texas 78753. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the

41 TexReg 4080

June 3, 2016

Texas Register

address provided in the information section below, within 30 days of the date of newspaper publication of the notice. APPLICATION NO. 13096; Star Golf Partners, Ltd., 2500 FM 685, Hutto, Texas 78634, and SWWC Utilities, Inc., 9511 N FM 620, Austin, Texas 78726, has applied for a water use permit to use the bed and banks of an unnamed tributary of Brushy Creek to convey groundwater-based return flows. Star Golf Partners, Ltd. has applied to divert and impound those return flows as well as contract water in three reservoirs on an unnamed tributary of Brushy Creek, Brazos River Basin, for recreational and subsequent diversion for agricultural purposes in Williamson County. The application and fees were received on December 13, 2013. Additional information and fees were received January 15, 2014, January 23, February 6, March 12, May 19, May 20, June 02, July 13, and August 3, 2015. The application was declared administratively complete and filed with the Office of the Chief Clerk on August 4, 2015. Additional information was received on October 15, October 20, and December 16, 2015; and February 26 and April 28, 2016. The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would contain special conditions including, but not limited to, a requirement to maintain the impoundments full with an alternate source of water, instream flow requirements, and the maintenance of an accounting plan. The application and Executive Director's draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Building F, Austin, Texas 78753. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. APPLICATION NO. 5603A; William Gavranovic, Jr., 5713 CR 156, Wharton, Texas 77488, Applicant or Permittee, has applied to amend Water Use Permit No. 5603 to extend or delete the expiration date of the permit and reduce the total authorized diversion amount to 3,210 acre-feet of water per year from the Old River and the Brazos River, Brazos River Basin, for agricultural purposes in Burleson County. The application and a portion of the fees were received on December 3, 2008. Additional information and fees were received on April 16, June 12, September 10, and October 28, 2009; and March 4, 2010. The application was accepted for filing and declared administratively complete on September 30, 2009. The TCEQ Executive Director has completed the technical review of the application and based on the results of the water availability analysis, neither unappropriated water nor appropriated but unused water is available in the Brazos River Basin to support the Applicant's request. Staff therefore recommends that the application be denied. The application and technical memoranda are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Building F, Austin, Texas 78753. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. APPLICATION NO. 5161C; William D. Carroll & Mary L. Carroll, 3450 HWY 2247, Comanche, Texas 74642, Applicants or Permittees, have applied to amend Water Use Permit No. 5161 to extend or delete the expiration date of the permit to maintain an exempt reservoir (Reservoir 1) on an unnamed tributary of Copperas (Rush) Creek, Brazos River Basin and an off-channel reservoir (Reservoir 2) and to divert and use 54 acre-feet of water per year from Reservoir 1 for agricultural purposes to irrigate in Comanche County. The application and a portion of the required fees were received on October 23, 2009. Additional information and fees were received on February 18, and March 17, 2010. The application was declared administratively complete and filed with the Office of the Chief Clerk on March 19, 2010.

The TCEQ Executive Director has completed the technical review of the application and based on the results of the water availability analysis, neither unappropriated water nor appropriated but unused water is available in the Brazos River Basin to support the Applicants' request. Staff therefore recommends that the application be denied. Staff notes that the existing on-channel reservoir can be maintained for domestic and livestock use, at a capacity at or below 200 acre-feet on average within any twelve month period, with no right of diversion for agricultural use. The application and technical memoranda are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Building F, Austin, Texas 78753. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. APPLICATION NO. 5752A; William Gavranovic & Gladys Gavranovic, 5702 May Road, Wharton, Texas 77488, Applicants or Permittees, have applied to amend Water Use Permit No. 5752 to extend or delete the expiration date of the term portion of their permit which authorizes the diversion and use of 1,260 acre-feet of water per year from a point on the Brazos River, Brazos River Basin and two points on the Old River, Brazos River Basin, for agricultural purposes in Burleson County. The application and partial fees were received December 6, 2012. Additional information and fees were received February 14, March 5, April 2 and 3, 2013; October 2, December 9 and 10, 2014; and April 22, and November 18 and 19, 2015. The application was declared administratively complete and accepted for filing on April 26, 2013. The TCEQ Executive Director has completed the technical review of the application and based on the results of the water availability analysis, neither unappropriated water nor appropriated but unused water is available in the Brazos River Basin to support the Applicants' request. Staff therefore recommends that the application be denied. The application and technical memoranda are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Building F, Austin, Texas 78753. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice. APPLICATION NO. 18-2001E; Rosemary H. Romero, Owner, 2650 Bandera Highway, Kerrville, Texas 78028, Applicant, seeks to amend Certificate of Adjudication No. 18-2001 to add a point of diversion on the Guadalupe River, and authorization to use the bed and banks of Camp Meeting Creek Reservoir, Guadalupe River Basin to convey up to 30 acre-feet of water per year for subsequent diversion from the reservoir and use for agricultural purposes in Kerr County. The application and fees were received on September 7, 2011. Additional information and fees were received on September 30, 2011; March 8, and March 16, 2012, September 17, 2014; and October 8, 2015. The application was declared administratively complete and filed with the Office of the Chief Clerk on April 11, 2013. The TCEQ Executive Director has completed the technical review of the application and prepared a draft amendment. The draft amendment, if granted, would include special conditions including, but not limited to, streamflow restrictions. The application, technical memoranda, and Executive Director's draft amendment are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Building F, Austin, Texas 78753. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by June 17, 2016. APPLICATION NO. 13097; Wichita Falls Country Club, 1701 Hamilton Blvd., Wichita Falls, Texas 76308, Applicant, seeks a temporary water use permit to divert and use not to exceed 225 acre-feet of water within a period of three years from a point on Holliday Creek, Red

River Basin for agricultural purposes in Wichita County. The application and partial fees were received on December 18, 2013. Additional information and fees were received on July 31, 2014. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on August 26, 2014. The TCEQ Executive Director completed the technical review of the application and prepared a draft permit. The draft permit, if granted, would include special conditions including, but not limited to streamflow restrictions. The application, technical memoranda, and Executive Director's draft permit are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Building F, Austin, Texas 78753. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by June 7, 2016. INFORMATION SECTION To view the complete issued notice, view the notice on our web site at www.tceq.texas.gov/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results. A public meeting is intended for the taking of public comment, and is not a contested case hearing. The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement "(I/we) request a contested case hearing"; and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below. If a hearing request is filed, the TCEQ Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711 3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Public Education Program at (800) 687 4040. General information regarding the TCEQ can be found at our web site at www.tceq.texas.gov. Si desea información en español, puede llamar al (800) 687-4040. Issued in Austin, Texas on May 24, 2016 TRD-201602541 Bridget C. Bohac Chief Clerk Texas Commission on Environmental Quality Filed: May 25, 2016







Texas Ethics Commission List of Late Filers Below is a list from the Texas Ethics Commission of names of filers who did not file a report or failed to pay penalty fines for late reports in

IN ADDITION June 3, 2016

41 TexReg 4081

reference to the listed filing deadline. If you have any questions, you may contact Sue Edwards at (512) 463-5800. Deadline: Semiannual Report due July 15, 2015 Ateja N. Dukes, Dawnna Dukes Campaign, 5224 Marymount Dr.,

Austin, Texas 78723

Deadline: Semiannual Report due January 15, 2016 Brandy J. Dougan, Politics Hub, 2250 Tradewind Dr., #32, Mesquite,

Texas 75150

Lydia B. Garza, American Protection Specialists - PAC, 203 S. 10th

Ave., Edinburg, Texas 78539

Gustavo Guerra, The People's Alliance, 2808 Granjeno Ave., Hidalgo,

Texas 78557

Don Mafrige, Galveston Windstorm Action Committee Inc., 4800 Se-

wall Blvd., Galveston, Texas 77551

Isaac H. Manning, Citizens for Great Schools, Inc., P.O. Box 12206,

Ft. Worth, Texas 76110

Sean M. McDonald, Second Chance Democrats, 814 W. Euclid, San

Antonio, Texas 78212

Steven C. Price Sr., The V.O.I.C.E.S., 6300 Rue Marielyne #1903, San

Antonio, Texas 78238

Gregory W. Smith, Liberty PAC, 6105 Westline Dr., Houston, Texas

77036

Michael K. Stewart, Aggregate Transporters Association of Texas Political Action Committee, 502 W. 13th St., Austin, Texas 78701-1827

Marilynn Mayse, 4306 York St., Dallas, Texas 75210

Ricky W. Smith, P.O. Box 9297, Huntsville, Texas 77340

Dane A.N. Eyerly, 704 E. Williamsburg Manor, Arlington, Texas

76014

Dorothy Morgan Graham, 134 Calle Hermosa, Bayview, Texas 78566

Beverly Watts Davis, 217 Cactus St., San Antonio, Texas 78203

Demetria Smith, 15155 Richmond Ave., Ste. 1410, Houston, Texas

77082

Mari Aguirre-Rodriguez, P.O. Box 15346, San Antonio, Texas 78212

Donald De Leon, 305 Jade Dr., Brownsville, Texas 78520

Henry Knetsar, 4050 Honey Bear Loop, Round Rock, Texas 78681

Shawn W. Jones, 2901 Ridgeview Dr., #718, Plano, Texas 75025

Daren J. Mieskoski, 10120 Palmbrook Dr., Austin, Texas 78717

Patrick D. Wentworth, 3804 Levee Cir. East 253, Benbrook, Texas

76109

Kathie Langley Stone, 2721 Talasek, Rosenberg, Texas 77471

Scott Wayne Smith, 6119 Greenville Ave., #102, Dallas, Texas 75206

Veronica Aleman, 217 Segovia Dr., Laredo, Texas 78046

Christine L. Guajardo, 1000 Ranchway, #96, Laredo, Texas 78045

Tex Christopher, 5711 Sugar Hill, #112, Houston, Texas 77056

Charles B "Chuck" Meyers, 2203 Timberloch Pl., Ste. 100, The Woodlands, Texas, 77380

TRD-201602465

Natalia Luna Ashley

Executive Director

Texas Ethics Commission

Filed: May 19, 2016



Louie Minor, Jr., P.O. Box 82, Belton, Texas 76513

John S. Anderson, 1216 Nantucket, Houston, Texas 77057

Marisela Saldana, 15357 Key Largo Ct., Corpus Christi, Texas 78418





List of Late Filers

Damian LaCroix, 4910 Maxie St., Houston, Texas 77007

James S. Wheat, 2611 San Pedro, San Antonio, Texas 78212

Jules E. Johnson, 3905 Delano, Houston, Texas 77004

Below is a list from the Texas Ethics Commission of names of filers who did not file a report or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Kristi Melton at (512) 463-5800. Deadline: Semiannual Report due January 15, 2016 Quanah Parker, 1017 Piedmont St., Abilene, Texas 79601

Mauricio Rondon, 4003 Feagan St., #5, Houston, Texas 77007

Richard J. Phillips, 2504 Lakehurst Rd., Spicewood, Texas 78669

Kenneth W. Bryant, Sr., P.O. Box 423, Richmond, Texas 77469

Michael Alan Dougan, 2250 Tradewind Dr., #32, Mesquite, Texas

75150

Kendra J. Yarbrough Camarena, 6007 Spruce Forest, Houston, Texas

77092

Farouk Shami, 880 Richey Rd., Houston, Texas 77073

Robert Cody Garrett, 91 1/2 Red River, Austin, Texas 78701

Dawnna Dukes, P.O. Box 14645, Austin, Texas 78761

Deadline: Semiannual Report due July 15, 2015 Richard J. Phillips, 2504 Lakehurst Rd., Spicewood, Texas 78669

Farouk Shami, 880 Richey Rd., Houston, Texas 77073

Steven D. Gibson, 4704 Neely Ave., Midland, Texas 79707

Ricky W. Smith, P.O. Box 9297, Huntsville, Texas 77340

Jon W. Schweitzer, 4216 Green Meadow St. W., Colleyville, Texas

76034

Brent C. Perry, 2323 Clear Lake City Blvd., Ste. 180, Houston, Texas

77062

David Wylie, P.O. Box 170321, Arlington, Texas 76003

Brandon De Hoyos, 1401 Redford St., #1709B, Houston, Texas 77034

Duane M. Ham, 168 Lake Point Blvd. #D101, Montgomery, Texas

77356-3689

Luis M. Lopez, P.O. Box 5385, Katy, Texas 77491

Dawnna Dukes, P.O. Box 14645, Austin, Texas 78761

Judith Sanders-Castro, 9122 Autumn Skies, San Antonio, Texas 78254

TRD-201602479

Steven D. Gibson, 4704 Neely Ave., Midland, Texas 79707

41 TexReg 4082

June 3, 2016

Texas Register

Natalia Luna Ashley Executive Director Texas Ethics Commission Filed: May 19, 2016







Texas Facilities Commission Request for Proposals #303-7-20563 The Texas Facilities Commission (TFC), on behalf of the Department of Public Safety (DPS), announces the issuance of Request for Proposals (RFP) #303-7-20563. TFC seeks a five (5) or ten (10) year lease of approximately 22,024 square feet of usable space that consists of 21,829 square feet of office space and 195 square feet of outdoor employee lounge area space in Edinburg, Texas. The deadline for questions is June 21, 2016, and the deadline for proposals is June 28, 2016, at 3:00 p.m. The award date is July 20, 2016. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant. Parties interested in submitting a proposal may obtain information by contacting the Program Specialist, Evelyn Esquivel, at (512) 463-6494. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=124698. TRD-201602528 Kay Molina General Counsel Texas Facilities Commission Filed: May 24, 2016







Request for Proposals #303-7-20568 The Texas Facilities Commission (TFC), on behalf of the Comptroller of Public Accounts - Enforcement Division (CPA), announces the issuance of Request for Proposals (RFP) #303-7-20568. TFC seeks a five (5) or ten (10) year lease of approximately 2,448 square feet of office space in Lubbock, Texas. The deadline for questions is June 17, 2016, and the deadline for proposals is June 29, 2016 at 3:00 p.m. The award date is July 20, 2016. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant. Parties interested in submitting a proposal may obtain information by contacting the Program Specialist, Evelyn Esquivel, at (512) 463-6494. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=124664.

The deadline for questions is June 23, 2016 and the deadline for proposals is July 7, 2016 at 3:00 p.m. The award date is August 17, 2016. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant. Parties interested in submitting a proposal may obtain information by contacting the Program Specialist, Evelyn Esquivel, at (512) 463-6494. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=124687. TRD-201602521 Kay Molina General Counsel Texas Facilities Commission Filed: May 24, 2016







Request for Proposals #303-8-20569 The Texas Facilities Commission (TFC), on behalf of the Health and Human Services Commission (HHSC), the Department of State Health Services (DSHS), and the Department of Aging and Disability Services (DADS), announces the issuance of Request for Proposals (RFP) #3038-20569. TFC seeks a five (5) or ten (10) year lease of approximately 5,625 square feet of office space in Anson, Jones County, Texas. The deadline for questions is June 17, 2016 and the deadline for proposals is July 5, 2016 at 3:00 p.m. The award date is August 17, 2016. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant. Parties interested in submitting a proposal may obtain information by contacting the Program Specialist, Evelyn Esquivel, at (512) 463-6494. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=124656. TRD-201602505 Kay Molina General Counsel Texas Facilities Commission Filed: May 23, 2016







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

TRD-201602519 Kay Molina General Counsel Texas Facilities Commission Filed: May 24, 2016



The Texas Facilities Commission (TFC), on behalf of the Office of the Attorney General (OAG), announces the issuance of Request for Proposals (RFP) #303-8-20567. TFC seeks a five (5) or ten (10) year lease of approximately 24,859 square feet of office space in Lubbock, Texas.



Request for Proposals #303-8-20567



On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of May 16, 2016, through May 20,

IN ADDITION June 3, 2016

41 TexReg 4083

2016. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period extends 30 days from the date published on the Texas General Land Office web site. The notice was published on the web site on Friday, May 27, 2016. The public comment period for this project will close at 5:00 p.m. on Wednesday, June 29, 2016. FEDERAL AGENCY ACTIONS: Applicant: John Huyhn Location: The project site is located in Clear Lake, at 313 Todville Road, in Seabrook, Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: League City, Texas. LATITUDE & LONGITUDE (NAD 83): 29.5524, -95.0231

LATITUDE & LONGITUDE (NAD 83): 27.6818, -96.9123 Project Description: The applicant proposes to amend an existing permit to allow abandonment-in-place of a 21.48-mile-long, 12-inch diameter steel natural gas pipeline encased in a concrete shell that was placed out-of-service in 2010 per the Bureau of Safety and Environmental Enforcement (BSEE) decommissioning requirements, including disconnection from previously serviced platforms, flushing, filling with seawater, capping and covering endpoints with concrete mats. No further action is required by BSEE for the pipeline to be abandoned in place. This pipeline was originally authorized under Department of the Army Permit 19067. CMP Project No: 16-1324-F1

Project Description: The applicant proposes to construct a 170-foot-long by 4-foot-wide pier/walkway structure in Clear Lake. The pier/walkway structure will be constructed five feet above mean high tide of Clear Lake over rip rap and over vegetation which is a completed mitigation area for the constructed City of Seabrook public boat ramp. This pier/walkway structure will connect the applicant's property, L&A Seafood, to the adjacent property. The adjacent property is a parking facility for the City of Seabrook public boat ramp situated beneath the elevated portion of State Highway 146. CMP Project No: 16-1271-F1 Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-2011-01169. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899. Applicant: Williams Gulf Coast Gathering Co., LLC Location: The project site is located in the Gulf of Mexico, Mustang Island Area beginning in Federal Block 847-L, running northwesterly crossing the Coastwise Safety Fairway at Blocks 834-L and 835-L, through Federal Blocks 824-L, 823-L, 815-L, State Tract 798-L, and ending in State Tract 794-L. The pipeline runs from a point 19 nautical miles offshore to a point 6.4 nautical miles offshore from the Texas coast at Mustang Island. The project is offshore and can be located on NOAA Chart 11300. LATITUDE & LONGITUDE (NAD 83): 27.6032, -97.0777 Project Description: The applicant proposes to amend an existing permit to allow abandonment-in-place of 17.43 miles of 16-inch steel pipeline encased in a concrete shell, which was placed out-of-service in 2010 per the Bureau of Safety and Environmental Enforcement (BSEE) decommissioning requirements including disconnection from previously serviced platforms, flushing, filling with seawater, capping and covering endpoints with concrete mats. No further action is required by BSEE for the pipeline to be abandoned in place. CMP Project No: 16-1323-F1 Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-2016-00144. The application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899. Applicant: Williams Gulf Coast Gathering Co., LLC Location: The project site is located in the Gulf of Mexico, Mustang Island Area beginning approximately 6.4 nautical miles from shore in Federal Block 754-L, extending to 794-L, crossing the Aransas Pass Safety Fairway in Blocks 753-L, 752-L, and 768-L and the Brazos San-

41 TexReg 4084

tiago Pass-Aransas Pass Coastwise Safety Fairway at Blocks 769-L and 776-L, ending approximately 16 nautical miles from shore. The project is offshore and can be located on NOAA Chart 11300.

June 3, 2016

Texas Register

Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-2016-00148. The application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899. Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451 - 1464), as amended, interested parties are invited to submit comments on whether a proposed action or activity is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Land Commissioner for review. Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from Mr. Jesse Solis, P.O. Box 12873, Austin, Texas 78711-2873 or via email at [email protected]. Comments should be sent to Mr. Solis at the above address or by email. TRD-201602545 Anne L. Idsal Chief Clerk, Deputy Land Commissioner General Land Office Filed: May 25, 2016







Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of May 15, 2016, through May 18, 2016. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period extends 30 days from the date published on the Texas General Land Office web site. The notice was published on the web site on Friday, May 20, 2016. The public comment period for this project will close at 5:00 p.m. on Monday, June 20, 2016. FEDERAL AGENCY ACTIONS: Applicant: Jefferson County Drainage District No. 6

Location: The project site is located in two separate locations along Taylors Bayou. The first location is at the intersection of Craigen Road and the North Fork Taylors Bayou. The second location is in wetlands adjacent to the South Fork Taylors Bayou on the north side of State Highway (SH) 73 at its intersection with the Needmore Diversion Channel, just east of Hamshire, in Jefferson County, Texas. The first project site is located on the U.S.G.S. quadrangle map titled: Fannett West; the second project site is located on the U.S.G.S. quadrangle map titled: Alligator Hole Marsh, Texas. LATITUDE & LONGITUDE (NAD 83): 29.880640, -94.257200 29.835485, -94.196620 Project Description: The applicant proposes to amend the existing Department of the Army (DA) Permit to incorporate the placement of fill material within jurisdictional wetlands for the purpose of providing construction and maintenance access to the Right-of-Way (ROW) along the North Fork Taylors Bayou and access to the ROW on the north side of SH 73 at its intersection with the Needmore Diversion Channel. When Jefferson County Road and Bridge Department redesigned and constructed the wider bridge at the Craigen Road crossing of Taylors Bayou to accommodate the widened channel of Taylors Bayou (per the original Permit #22643, Sheet 22 of 43, now Sheet 25 of 53), access to the Taylors Bayou ROW was inadvertently precluded by the longer bridge and the required safety guard rails (refer to Figure 1, Sheet 2 of 53, for location). Drainage District No. 6 (DD6) will need permanent access to the Taylors Bayou ROW at Craigen Road for both the permitted construction and future maintenance activities. Because the Craigen Road bridge is not high enough to allow equipment to pass under it on the Taylors Bayou ROW, access is needed to the ROW from all four corners of the bridge crossing. At location #1 (Craigen Road and the North Fork Taylors Bayou) the applicant proposes to discharge fill material at all four corners to construct permanent access to the ROW. An old existing well road will be modified on the northwest corner to provide access for large equipment. This corner will require fill to be discharged into 0.074 acre of wetlands. The southwest corner access will require the clearing of, and the discharge of fill into 0.040 acre of forested wetlands. Access to the eastern side of the bayou's ROW will require widening an existing well road with 0.119 acre of forested wetlands to be cleared and filled on the north side of Craigen Road. In the southeastern corner of the intersection, access to the ROW will require 0.497 acre of herbaceous wetlands to be filled to create the access road. At the SH 73 crossing of North Taylors Bayou, the Texas Department of Transportation constructed a bridge to accommodate the Needmore Diversion Channel crossing (per the original Permit #22643, Sheet 3 of 43, now Sheet 4 of 53). Access to the Needmore Diversion Channel western ROW on the north side of the highway was inadvertently precluded by the bridge and the required safety guard rails (refer to Figure 1, Sheet 2 of 53, for location). DD6 will need permanent access to the western Needmore Diversion ROW on the north side of SH 73 for both the permitted construction and future maintenance activities. A 48-inch culvert will be placed in the well road borrow ditch to facilitate storm flows in the ditch (Figure 7, Sheet 6 of 53). At location #2 (north side of SH 73 at its intersection with the Needmore Diversion Channel) the applicant proposes to improve access to the ROW through the discharge of fill material into 0.297 acre of wetlands off of an existing well road. The applicant also proposes to place a 48-inch diameter culvert into the existing well road borrow ditch. CMP Project No: 16-1023-F1

Type of Application: U.S. Army Corps of Engineers (USACE) permit application #SWG-2010-00198. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451 - 1464), as amended, interested parties are invited to submit comments on whether a proposed action or activity is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Land Commissioner for review. Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from Mr. Jesse Solis, P.O. Box 12873, Austin, Texas 78711-2873 or via email at [email protected]. Comments should be sent to Mr. Solis at the above address or by email. TRD-201602547 Anne L. Idsal Chief Clerk, Deputy Land Commissioner General Land Office Filed: May 25, 2016







Texas Health and Human Services Commission Public Notice The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act. The proposed amendment is effective July 15, 2016. The purpose of this amendment is to update the fee schedules in the current state plan by adjusting fees, rates or charges for physical, occupational, and speech therapy for: Early and Periodic Screening, Diagnosis, and Treatment Services (EPSDT); Physicians and Other Practitioners; and Home Health Services. These rate actions comply with applicable adjustments in response to direction from the 2016-2017 General Appropriations Act (House Bill 1, 84th Leg., R.S., art. II, Rider 50, at II-96 to II-98 (Health and Human Services section, Health and Human Services)). Proposed rate adjustments were calculated based on an analysis of Medicaid fees paid by other states and previous Texas Medicaid payments for Medicaid-reimbursable therapy services. Where current Texas Medicaid rates exceed 150 percent of the median of other states' rates for the same service, a percentage reduction is applied in most cases. A small percentage reduction is also applied to Texas Medicaid rates that do not exceed 150 percent of the median of other states' rates for the same service and in cases where information on other states' rates is not available. All of the proposed adjustments are being made in accordance with 1 TAC §355.201. The proposed amendment is estimated to result in an annual savings of $30,683,785 for federal fiscal year (FFY) 2016, consisting of $17,529,646 in federal funds and $13,154,139 in state general revenue. For FFY 2017, the estimated annual savings is $129,880,683 consisting of $72,966,968 in federal funds and $56,913,715 in state general revenue. For FFY 2018, the estimated annual savings is $135,171,008 consisting of $75,939,072 in federal funds and $59,231,936 in state general revenue.

IN ADDITION June 3, 2016

41 TexReg 4085

To obtain copies of the proposed amendment or to submit or view written comments, interested parties may contact Dan Huggins, Director of Rate Analysis for Acute Care Services, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 149030, H-400, Austin, Texas 78714-9030; by telephone at (512) 707-6071; by facsimile at (512) 730-7475; or by e-mail at [email protected]. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.

(7) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4piperidinyl]-N-phenyl-propanamide);

TRD-201602645 Karen Ray Chief Counsel Texas Health and Human Services Commission Filed: May 25, 2016

(12) Diethylthiambutene;







(8) Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3methyl-4-piperidinyl]-N-phenylpropanamide); (9) Betaprodine; (10) Clonitazene; (11) Diampromide; (13) Difenoxin; (14) Dimenoxadol; (15) Dimethylthiambutene; (16) Dioxaphetyl butyrate;

Department of State Health Services

(17) Dipipanone;

Annual Republication of the Texas Schedules of Controlled Substances

(18) Ethylmethylthiambutene;

PURSUANT TO THE TEXAS CONTROLLED SUBSTANCES ACT, HEALTH AND SAFETY CODE, CHAPTER 481, THESE SCHEDULES SUPERCEDE PREVIOUS SCHEDULES AND CONTAIN THE MOST CURRENT VERSION OF THE SCHEDULES OF ALL CONTROLLED SUBSTANCES FROM THE PREVIOUS SCHEDULES AND MODIFICATIONS.

(19) Etonitazene; (20) Etoxeridine; (21) Furethidine; (22) Hydroxypethidine; (23) Ketobemidone;

This annual publication of the Texas Schedules of Controlled Substances was signed by John Hellerstedt, M.D., Commissioner of Health, and will take effect 21 days following publication of this notice in the Texas Register.

(24) Levophenacylmorphan;

Changes to the schedules are designated by an asterisk (*). Additional information can be obtained by contacting the Department of State Health Services, Drugs and Medical Devices Group, P.O. Box 149347, Austin, Texas 78714-9347. The telephone number is (512) 834-6755 and the website address is http://www.dshs.state.tx.us/dmd.

(27) 3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]N-phenylpropanamide), its optical and geometric isomers;

(25) Meprodine; (26) Methadol;

(28) 3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4piperidinyl]-N-phenylpropanamide); (29) Moramide;

SCHEDULES Nomenclature: Controlled substances listed in these schedules are included by whatever official, common, usual, chemical, or trade name they may be designated. SCHEDULE I

(30) Morpheridine; (31) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine); (32) Noracymethadol; (33) Norlevorphanol;

Schedule I consists of:

(34) Normethadone;

- Schedule I opiates

(35) Norpipanone;

The following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation: (1) Acetyl-alpha-methylfentanyl piperidinyl]-N-phenylacetamide);

(N-[1-(1-methyl-2-phenethyl)-4-

(36) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4piperidinyl]-propanamide); (37) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine); (38) Phenadoxone; (39) Phenampromide;

(2) Allylprodine;

(40) Phencyclidine;

(3) Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM); (4) Alpha-methylfentanyl or any other derivative of Fentanyl; (5) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-4piperidinyl]-N-phenyl-propanamide); (6) Benzethidine;

(41) Phenomorphan; (42) Phenoperidine; (43) Piritramide; (44) Proheptazine; (45) Properidine; (46) Propiram;

41 TexReg 4086

June 3, 2016

Texas Register

(47) Thiofentanyl propanamide);

(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-

(48) Tilidine; and (49) Trimeperidine. - Schedule I opium derivatives The following opium derivatives, their salts, isomers, and salts of isomers, unless specifically excepted, if the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Acetorphine; (2) Acetyldihydrocodeine; (3) Benzylmorphine; (4) Codeine methylbromide; (5) Codeine-N-Oxide; (6) Cyprenorphine; (7) Desomorphine; (8) Dihydromorphine; (9) Drotebanol; (10) Etorphine (except hydrochloride salt); (11) Heroin; (12) Hydromorphinol;

(3) 4-bromo-2,5-dimethoxyamphetamine (some trade or other names: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5-DMA); (4) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other names: Nexus; 2C-B; 2-(4-bromo-2,5-dimethoxyphenyl)-1aminoethane; alpha-desmethyl DOB); (5) 2,5-dimethoxyamphetamine (some trade or other names: 2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA); (6) 2,5-dimethoxy-4-ethylamphetamine (some trade or other names: DOET); (7) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its optical isomers, salts and salts of isomers; (8) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT), its isomers, salts, and salts of isomers; (9) 5-methoxy-3,4-methylenedioxy-amphetamine; (10) 4-methoxyamphetamine (some trade or other names: 4-methoxyalpha-methylphenethylamine; paramethoxyamphetamine; PMA); (11) 1-methyl-4-phenyl-1,2,5,6-tetrahydro-pyridine (MPTP); (12) 4-methyl-2,5-dimethoxyamphetamine (some trade and other names: 4-methyl-2,5-dimethoxy-alpha-methyl-phenethylamine; "DOM"; and "STP"); (13) 3,4-methylenedioxy-amphetamine; (14) 3,4-methylenedioxy-methamphetamine (MDMA, MDM);

(14) Methyldihydromorphine;

(15) 3,4-methylenedioxy-N-ethylamphetamine (some trade or other names: N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine; N-ethyl MDA; MDE; MDEA);

(15) Monoacetylmorphine;

(16) 3,4,5-trimethoxy amphetamine;

(16) Morphine methylbromide;

(17) N-hydroxy-3,4-methylenedioxyamphetamine (Also known as N-hydroxy MDA);

(13) Methyldesorphine;

(17) Morphine methylsulfonate; (18) Morphine-N-Oxide; (19) Myrophine; (20) Nicocodeine; (21) Nicomorphine; (22) Normorphine;

(18) 5-methoxy-N,N-dimethyltryptamine (Some trade or other names: 5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT; (19) Bufotenine (some trade and other names: 3-(beta-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine);

(23) Pholcodine; and

(20) Diethyltryptamine (some trade and other names: N,N-Diethyltryptamine; DET);

(24) Thebacon.

(21) Dimethyltryptamine (some trade and other names: DMT);

- Schedule I hallucinogenic substances

(22) Ethylamine Analog of Phencyclidine (some trade or other names: N-ethyl-1-phenylcyclohexylamine; (1-phenylcyclohexyl) ethylamine; N-(1-phenylcyclohexyl)-ethylamine; cyclohexamine; PCE);

Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances or that contains any of the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation (for the purposes of this Schedule I hallucinogenic substances section only, the term "isomer" includes optical, position, and geometric isomers): (1) Alpha-ethyltryptamine (some trade or other names: etryptamine; Monase; alpha ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; alphaET; AET); (2) alpha-methyltryptamine (AMT), its isomers, salts, and salts of isomers;

(23) Ibogaine (some trade or other names: 7-Ethyl-6,6-beta, 7,8,9,10,12,13-octhydro-2-methoxy-6,9-methano-5H-pyrido[1',2':1,2] azepino [5,4-b] indole; taber-nanthe iboga); (24) Lysergic acid diethylamide; (25) Marihuana; (26) Mescaline; (27) N-benzylpiperazine (some other names: BZP; 1-benzylpiperazine), its optical isomers, salts and salts of isomers; (28) N-ethyl-3-piperidyl benzilate; (29) N-methyl-3-piperidyl benzilate;

IN ADDITION June 3, 2016

41 TexReg 4087

(30) Parahexyl (some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo [b,d] pyran; Synhexyl); (31) Peyote, unless unharvested and growing in its natural state, meaning all parts of the plant classified botanically as Lophophora, whether growing or not, the seeds of the plant, an extract from a part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or extracts; (32) Psilocybin; (33) Psilocin; (34) Pyrrolidine analog of phencyclidine (some trade or other names: 1-(1-phenyl-cyclohexyl)-pyrrolidine, PCPy, PHP);

- Schedule I stimulants Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Aminorex (some other names: aminoxaphen; 2-amino-5-phenyl-2oxazoline; 4,5-dihydro-5-phenyl-2-oxazolamine); (2) Cathinone (some trade or other names: 2-amino-1-phenyl-1propanone; alpha-aminopropiophenone; 2-aminopropiophenone and norephedrone); (3) Fenethylline;

(35) Tetrahydrocannabinols; meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:

(4) Methcathinone (some other names: 2-(methylamino)-propiophenone; alpha-(methylamino) propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR1432); (5) 4-methylaminorex;

1 cis or trans tetrahydrocannabinol, and their optical isomers;

(6) N-ethylamphetamine; and

6 cis or trans tetrahydrocannabinol, and their optical isomers;

(7) N,N-dimethylamphetamine (some other names: N,N-alpha-trimethylbenzene-ethaneamine; N,N-alpha-trimethylphenethylamine).

3,4 cis or trans tetrahydrocannabinol, and its optical isomers; (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.); (36) Thiophene analog of phencyclidine (some trade or other names: 1-[1-(2-thienyl) cyclohexyl] piperidine; 2-thienyl analog of phencyclidine; TPCP); (37) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (some trade or other names: TCPy);

- Schedule I depressants Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(38) 4-methylmethcathinone (Other names: 4-methyl-N-methylcathinone; mephedrone);

(1) Gamma-hydroxybutyric acid (some other names include GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate);

(39) 3,4-methylenedioxypyrovalerone (MDPV);

(2) Mecloqualone; and

(40) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (Other names: 2C-E);

(3) Methaqualone.

(41) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (Other names: 2C-D); (42) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (Other names: 2C-C); (43) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine 2C-I);

(Other

names:

(44) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (Other names: 2C-T-2); (45) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (Other names: 2C-T-4); (46) 2-(2,5-Dimethoxyphenyl)ethanamine (Other names:2C-H); (47) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (Other names: 2C-N); (48)2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (Other names: 2C-P); and, (49) 3,4-Methylenedioxy-N-methylcathinone (Other name: Methylone).

41 TexReg 4088

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Texas Register

- Schedule I Cannabimimetic agents Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of cannabimimetic agents, or which contains their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation. (1) The term 'cannabimimetic agents' means any substance that is a cannabinoid receptor type 1 (CB1 receptor) agonist as demonstrated by binding studies and functional assays within any of the following structural classes: (1-1) 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent. (1-2) 3-(1-naphthoyl)indole or 3-(1-naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent. (1-3) 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent.

(1-4) 1-(1-naphthylmethylene)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent. (1-5) 3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent. (2) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (Other names: CP-47,497); (3) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (Other names: cannabicyclohexanol or CP-47,497 C8 homolog); (4) 1-pentyl-3-(1-naphthoyl)indole (Other names:JWH-018 and AM678); (5) 1-mutyl-3-(1-naphthoyl)indole (Other names: JWH-073);

4. 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (Other names: 25I-NBOMe; 2C-I-NBOMe; 25I; Cimbi-5); 5. 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (Other names:25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82); 6. 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (Other names:25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36); 7. Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: PB-22; QUPIC); 8. Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: 5-fluoro-PB-22; 5F-PB-22); 9. N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: AB-FUBINACA);

(6) 1-hexyl-3-(1-naphthoyl)indole (JWH-019); (7) 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (Other names: JWH-200); names:

10. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: ADB-PINACA);

(9) 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (Other names: JWH081);

11. 4-methyl-N-ethylcathinone, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: 4-MEC; 2-(ethylamino)-1-(4-methylphenyl)propan-1-one);

(8) 1-pentyl-3-(2-methoxyphenylacetyl)indole JWH-250);

(Other

(10) 1-pentyl-3-(4-methyl-1-naphthoyl)indole JWH-122);

(Other

names:

(11) 1-pentyl-3-(4-chloro-1-naphthoyl)indole JWH-398);

(Other

names:

(12) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole AM2201);

(Other

names:

12. 4-methyl-alpha-pyrrolidinopropiophenone, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: 4-MePPP; MePPP; 4-methyl-[alpha]-pyrrolidinopropiophenone; 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)-propan-1-one);

names:

13. alpha-pyrrolidinopentiophenone, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: [alpha]-PVP; [alpha]-pyrrolidinovalerophenone; 1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one);

(14) 1-pentyl-3-[(4-methoxy)-benzoyl]indole (Other names: SR-19 and RCS-4);

14. Butylone, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: bk-MBDB; 1-(1,3-benzodioxol-5-yl)2-(methylamino)butan-1-one);

(13) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole AM694);

(Other

(15) 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole names: SR-18 and RCS-8); and,

(Other

(16) 1-pentyl-3-(2-chlorophenylacetyl)indole JWH-203).

names:

(Other

- Schedule I temporarily listed substances subject to emergency scheduling by the United States Drug Enforcement Administration. *Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances or that contains any of the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation. 1. (1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (Other names: UR-144 and 1-pentyl-3-(2,2,3,3-tetramethylcyclopropoyl)indole); 2. [1-(5-fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone (Other names: 5-fluoro-UR-144 and 5-F-UR-144 and XLR11 and 1-(5-flouro-pentyl)-3-(2,2,3,3-tetramethylcyclopropoyl)indole); 3. N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide (Other names: APINACA, AKB48);

15. Pentedrone, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: [alpha]-methylaminovalerophenone; 2-(methylamino)-1-phenylpentan-1-one); 16. Pentylone, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: bk-MBDP; 1-(1,3-benzodioxol-5-yl)2-(methylamino)pentan-1-one); 17. 4-fluoro-N-methylcathinone, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: 4-FMC; flephedrone; 1-(4-fluorophenyl)-2-(methylamino)propan-1-one); 18. 3-fluoro-N-methylcathinone, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: 3-FMC; 1-(3-fluorophenyl)-2-(methylamino)propan-1-one); 19. Naphyrone, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: naphthylpyrovalerone; 1-(naphthalen2-yl)-2-(pyrrolidin-1-yl)pentan-1-one); and, 20. alpha-pyrrolidinobutiophenone, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: [alpha]-PBP; 1-phenyl-2-(pyrrolidin-1-yl)butan-1-one). *21. N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (Other names: "AB-CHMINACA");

IN ADDITION June 3, 2016

41 TexReg 4089

*22. N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3carboxamide (Other names: "AB-PINACA"); *23. [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1yl)methanone (Other names: "THJ-2201"); and *24. N-(1-phenethylpiperindin-4-yl)-N-phenylacetamide (Other names: acetyl fentany). SCHEDULE II Schedule II consists of: - Schedule II substances, vegetable origin or chemical synthesis The following substances, however produced, except those narcotic drugs listed in other schedules:

(4-2-2) ioflupane; and (5) Concentrate of poppy straw, meaning the crude extract of poppy straw in liquid, solid, or powder form that contains the phenanthrene alkaloids of the opium poppy. - Opiates The following opiates, including their isomers, esters, ethers, salts, and salts of isomers, if the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation: (1) Alfentanil; (2) Alphaprodine; (3) Anileridine;

(1) Opium and opiate, and a salt, compound, derivative, or preparation of opium or opiate, other than thebaine-derived butorphanol, *naloxegol, naloxone and its salts, naltrexone and its salts, and nalmefene and its salts, but including:

(4) Bezitramide;

(1-1) Codeine;

(7) Dihydrocodeine;

(1-2) Dihydroetorphine;

(8) Diphenoxylate;

(1-3) Ethylmorphine;

(9) Fentanyl;

(1-4) Etorphine hydrochloride;

(10) Isomethadone;

(1-5) Granulated opium;

(11) Levo-alphacetylmethadol (some trade or other names: levo-alphaacetylmethadol, levomethadyl acetate, LAAM);

(1-6) Hydrocodone;

(5) Carfentanil; (6) Dextropropoxyphene, bulk (nondosage form);

(12) Levomethorphan;

(1-7) Hydromorphone;

(13) Levorphanol;

(1-8) Metopon;

(14) Metazocine;

(1-9) Morphine;

(15) Methadone;

(1-10) Opium extracts;

(16) Methadone-Intermediate, 4-cyano-2-dimethylamino-4,4-diphenyl butane;

(1-11) Opium fluid extracts; (1-12) Oripavine; (1-13) Oxycodone;

(17) Moramide-Intermediate, 2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid;

(1-14) Oxymorphone;

(18) Pethidine (meperidine);

(1-15) Powdered opium;

(19) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;

(1-16) Raw opium;

(20) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;

(1-17) Thebaine; and

(21) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

(1-18) Tincture of opium. (2) A salt, compound, isomer, derivative, or preparation of a substance that is chemically equivalent or identical to a substance described by Paragraph (1) of Schedule II substances, vegetable origin or chemical synthesis, other than the isoquinoline alkaloids of opium; (3) Opium poppy and poppy straw;

(23) Piminodine; (24) Racemethorphan; (25) Racemorphan;

(4) Cocaine, including:

(26) Remifentanil;

(4-1) its salts, its optical, position, and geometric isomers, and the salts of those isomers; *(4-2) coca leaves and any salt, compound, derivative, or preparation of coca leaves and ecgonine and their salts, isomers, derivatives and salts of isomers and derivatives and any salt, compound derivative or preparation thereof which is chemically equivalent or identical to a substance described by this paragraph, except that the substances shall not include: (4-2-1) decocainized coca leaves or extractions of coca leaves which extractions do not that do not contain cocaine or ecgonine; or

41 TexReg 4090

(22) Phenazocine;

June 3, 2016

Texas Register

(27) Sufentanil; and (28) Tapentadol - Schedule II stimulants Unless listed in another schedule and except as provided by the Texas Controlled Substances Act, Health and Safety Code, Section 481.033, a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers; (2) Methamphetamine, including its salts, optical isomers, and salts of optical isomers; (3) Methylphenidate and its salts; (4) Phenmetrazine and its salts; and, (5) Lisdexamfetamine, including its salts, isomers, and salts of its isomers. - Schedule II depressants Unless listed in another schedule, a material, compound, mixture or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including the substance's salts, isomers, and salts of isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Amobarbital; (2) Glutethimide; (3) Pentobarbital; and (4) Secobarbital.

- Schedule II hallucinogenic substances

(1) Nabilone (Another name for nabilone: (±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9Hdibenzo[b,d]pyran-9-one). - Schedule II precursors Unless specifically excepted or listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances: (1) Immediate precursor to methamphetamine:

(2) a suppository dosage form containing amobarbital, secobarbital, pentobarbital, or any of their salts and approved by the Food and Drug Administration for marketing only as a suppository; (3) a substance that contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances that are specifically listed in other schedules; (4) Chlorhexadol; (5) Any drug product containing gamma hydroxybutyric acid, including its salts, isoners, and salts of isomers, for which an application is approved under section 505 of the Federal Food Drug and Cosmetic Act; (6) Ketamine, its salts, isomers, and salts of isomers. Some other names for ketamine: (±)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone; (7) Lysergic acid; (8) Lysergic acid amide; (9) Methyprylon; (10) Perampanel, and its salts, isomers, and salts of isomers (11) Sulfondiethylmethane; (12) Sulfonethylmethane; (13) Sulfonmethane; and (14) Tiletamine and zolazepam or any salt thereof. Some trade or other names for a tiletamine-zolazepam combination product: Telazol. Some trade or other names for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone. Some trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethyl-pyrazolo-[3,4-e][1,4]-diazepin-7(1H)-one, flupyrazapon. - Nalorphine - Schedule III narcotics

(1-1) Phenylacetone and methylamine if possessed together with intent to manufacture methamphetamine;

Unless specifically excepted or unless listed in another schedule:

(2) Immediate precursor to amphetamine and methamphetamine:

(1) a material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any of their salts:

(2-1) Phenylacetone (some trade or other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone); (3) Immediate precursors to phencyclidine (PCP): (3-1) 1-phenylcyclohexylamine; (3-2) 1-piperidinocyclohexanecarbonitrile (PCC); and, (4) Immediate precursor to fentanyl: (4-1) 4-anilino-N-phenethyl-4-piperidine (ANPP). SCHEDULE III Schedule III consists of: - Schedule III depressants Unless listed in another schedule and except as provided by the Texas Controlled Substances Act, Health and Safety Code, Section 481.033, a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system: (1) a compound, mixture, or preparation containing amobarbital, secobarbital, pentobarbital, or any of their salts and one or more active medicinal ingredients that are not listed in a schedule;

(1-1) not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium; (1-2) not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; (1-3) not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; (1-4) not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts; (1-5) not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; and (1-6) not more than 50 milligrams of morphine, or any of its salts, per 100 milliliters or per 100 grams with one or more active, nonnarcotic ingredients in recognized therapeutic amounts; and,

IN ADDITION June 3, 2016

41 TexReg 4091

(2) any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts:

(14) drostanolone (17 beta-hydroxy-2 alpha-methyl-5 alpha-androstan3-one);

(2-1) Buprenorphine.

(15) ethylestrenol (17 alpha-ethyl-17 beta-hydroxyestr-4-ene);

- Schedule III stimulants

(16) fluoxymesterone (9-fluoro-17 alpha-methyl-11 beta,17 beta-dihydroxyandrost-4-en-3-one);

Unless listed in another schedule, a material, compound, mixture or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substance's salts, optical, position, or geometric isomers, and salts of the substance's isomers, if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

(17) formebolone (2-formyl-17 alpha-methyl-11 alpha,17 beta-dihydroxyandrost-1,4-dien-3-one); (18) furazabol (17 alpha-methyl-17 beta-hydroxyandrostano[2,3-c]-furazan); (19) 13 beta-ethyl-17 beta-hydroxygon-4-en-3-one;

(1) Benzphetamine;

(20) 4-hydroxytestosterone (4,17 beta-dihydroxy-androst-4-en-3-one);

(2) Chlorphentermine;

(21) 4-hydroxy-19-nortestosterone (4,17 beta-dihydroxy-estr-4-en-3one);

(3) Clortermine; and (4) Phendimetrazine.

(22) mestanolone (17 alpha-methyl-17 beta-hydroxy-5 alpha-androstan-3-one);

- Schedule III anabolic steroids and hormones Anabolic steroids, including any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone), and include the following: (1) androstanediol

(23) mesterolone (1 alpha-methyl-17 beta-hydroxy-[5 alpha]-androstan-3-one); (24) methandienone (17 alpha-methyl-17 beta-hydroxyandrost-1,4dien-3-one); (25) methandriol (17 alpha-methyl-3 beta,17 beta-dihydroxyandrost-5ene);

(1-1) 3 beta,17 beta-dihydroxy-5 alpha-androstane;

(1-2) 3 alpha,17 beta-dihydroxy-5 alpha-androstane;

(26) methenolone (1-methyl-17 beta-hydroxy-5 alpha-androst-1-en-3one);

(2) androstanedione (5 alpha-androstan-3,17-dione);

(27) 17 alpha-methyl-3 beta, 17 beta-dihydroxy-5 alpha-androstane;

(3) androstenediol-(3-1) 1-androstenediol (3 beta,17 beta-dihydroxy-5 alpha-androst-1ene); (3-2) 1-androstenediol (3 alpha,17 beta-dihydroxy-5 alpha-androst-1ene);

(3-3) 4-androstenediol (3 beta,17 beta-dihydroxy-androst-4-ene);

(3-4) 5-androstenediol (3 beta,17 beta-dihydroxy-androst-5-ene);

(28) methasterone (2 alpha, 17 alpha-dimethyl-5-alpha-androstan-17 beta-ol-3-one; (29) 17alpha-methyl-3 alpha,17 beta-dihydroxy-5 alpha-androstane; (30) 17 alpha-methyl-3 beta,17 beta-dihydroxyandrost-4-ene; (31) 17 alpha-methyl-4-hydroxynandrolone (17 alpha-methyl-4-hydroxy-17 beta-hydroxyestr-4-en-3-one); (32) methyldienolone (17 alpha-methyl-17 beta-hydroxyestra-4,9(10)dien-3-one);

(4) androstenedione-(4-1) 1-androstenedione ([5 alpha]-androst-1-en-3,17-dione);

(4-2) 4-androstenedione (androst-4-en-3,17-dione);

(4-3) 5-androstenedione (androst-5-en-3,17-dione);

(5) bolasterone (7 alpha,17 alpha-dimethyl-17 beta-hydroxyandrost-4en-3-one); (6) boldenone (17 beta-hydroxyandrost-1,4,-diene-3-one); (7) boldione (androsta-1,4-diene-3,17-dione); (8) calusterone (7 beta,17 alpha-dimethyl-17 beta-hydroxyandrost-4en-3-one); (9) clostebol (4-chloro-17 beta-hydroxyandrost-4-en-3-one); (10) dehydrochloromethyltestosterone (4-chloro-17 droxy-17alpha-methyl-androst-1,4-dien-3-one);

(33) methyltrienolone (17 alpha-methyl-17 beta-hydroxyestra-4,9-11trien-3-one); (34) methyltestosterone (17 alpha-methyl-17 beta-hydroxyandrost-4en-3-one); (35) mibolerone (7 alpha,17 alpha-dimethyl-17 beta-hydroxyestr-4-en3-one); (36) 17 alpha-methyl-delta-1-dihydrotestosterone (17 beta-hydroxy-17 alpha-methyl-5 alpha-androst-1-en-3-one) (a.k.a. '17-alpha-methyl-1testosterone'); (37) nandrolone (17 beta-hydroxyestr-4-en-3-one); (38) norandrostenediol--

beta-hy-

(11) delta-1-dihydrotestosterone (a.k.a. '1-testosterone') (17 beta-hydroxy-5 alpha-androst-1-en-3-one); (12) desoxymethyltestosterone (17[alpha]-methyl-5[alpha]-androst-2en-17[beta]-ol; madol); (13) 4-dihydrotestosterone (17 beta-hydroxy-androstan-3-one);

(38-1) 19-nor-4-androstenediol (3 beta, 17 beta-dihydroxyestr-4-ene); (38-2) 19-nor-4-androstenediol yestr-4-ene);

June 3, 2016

Texas Register

alpha,

17

beta-dihydrox-

(38-3) 19-nor-5-androstenediol (3 beta, 17 beta-dihydroxyestr-5-ene);

(38-4) 19-nor-5-androstenediol yestr-5-ene); (39) norandrostenedione--

41 TexReg 4092

(3

(3

alpha,

17

beta-dihydrox-

(39-1) 19-nor-4-androstenedione (estr-4-en-3,17-dione);

(7) Chloral hydrate;

(39-2) 19-nor-5-androstenedione (estr-5-en-3,17-dione;

(8) Chlordiazepoxide;

(40) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17dione);

(9) Clobazam;

(41) norbolethone (13 beta,17alpha-diethyl-17 beta-hydroxygon-4-en3-one); (42) norclostebol (4-chloro-17 beta-hydroxyestr-4-en-3-one); (43) norethandrolone (17 alpha-ethyl-17 beta-hydroxyestr-4-en-3one); (44) normethandrolone (17 alpha-methyl-17 beta-hydroxyestr-4-en-3one); (45) oxandrolone (17 alpha-methyl-17 beta-hydroxy-2-oxa-[5 alpha]androstan-3-one); (46) oxymesterone drost-4-en-3-one);

(17

alpha-methyl-4,17

beta-dihydroxyan-

(47) oxymetholone (17 alpha-methyl-2-hydroxymethylene-17 beta-hydroxy-[5 alpha]-androstan-3-one); (48) stanozolol (17 alpha-methyl-17 beta-hydroxy-[5 alpha]-androst2-eno[3,2-c]-pyrazole); (49) stenbolone (17 beta-hydroxy-2-methyl-[5 alpha]-androst-1-en-3one); (50) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17oic acid lactone); (51) testosterone (17 beta-hydroxyandrost-4-en-3-one); (52) prostanozol (17 beta-hydroxy-5-alpha-androstano[3,2-c]pyrazole) (53) tetrahydrogestrinone (13 beta,17 alpha-diethyl-17 beta-hydroxygon-4,9,11-trien-3-one); (54) trenbolone (17 beta-hydroxyestr-4,9,11-trien-3-one); and (55) any salt, ester, or ether of a drug or substance described in this paragraph.

(10) Clonazepam; (11) Clorazepate; (12) Clotiazepam; (13) Cloxazolam; (14) Delorazepam; (15) Diazepam; (16) Dichloralphenazone; (17) Estazolam; (18) Ethchlorvynol; (19) Ethinamate; (20) Ethyl loflazepate; (21) Fludiazepam; (22) Flunitrazepam; (23) Flurazepam; (24) Fospropofol; (25) Halazepam; (26) Haloxazolam; (27) Ketazolam; (28) Loprazolam; (29) Lorazepam; (30) Lormetazepam; (31) Mebutamate; (32) Medazepam;

- Schedule III hallucinogenic substances

(33) Meprobamate;

(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in U.S. Food and Drug Administration approved drug product. (Some other names for dronabinol:(6aR-trans)-6a,7,8,10atetrahydro-6,6,9-tri-methyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or (-)-delta-9-(trans)-tetrahydrocannabinol).

(34) Methohexital;

SCHEDULE IV Schedule IV consists of: - Schedule IV depressants Except as provided by the Texas Controlled Substances Act, Health and Safety Code, Section 481.033, a material, compound, mixture, or preparation that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system: (1) Alfaxalone (5[alpha]-pregnan-3[alpha]-ol-11,20-dione); (2) Alprazolam; (3) Barbital; (4) Bromazepam; (5) Camazepam; (6) Chloral betaine;

(35) Methylphenobarbital (mephobarbital); (36) Midazolam; (37) Nimetazepam; (38) Nitrazepam; (39) Nordiazepam; (40) Oxazepam; (41) Oxazolam; (42) Paraldehyde; (43) Petrichloral; (44) Phenobarbital; (45) Pinazepam; (46) Prazepam; (47) Quazepam; (48) Suvorexant; (49) Temazepam;

IN ADDITION June 3, 2016

41 TexReg 4093

(50) Tetrazepam;

(5) Pentazocine, its salts, derivatives, compounds, or mixtures.

(51) Triazolam;

SCHEDULE V

(52) Zaleplon;

Schedule V consists of:

(53) Zolpidem; and

- Schedule V narcotics containing non-narcotic active medicinal ingredients

(54) Zopiclone, its salts, isomers, and salts of isomers. - Schedule IV stimulants Unless listed in another schedule, a material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including the substance's salts, optical, position, or geometric isomers, and salts of those isomers if the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation:

A compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs that also contain one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer on the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone: (1) Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams; (2) Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams;

(1) Cathine [(+)-norpseudoephedrine]; (2) Diethylpropion;

(3) Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams;

(3) Fencamfamin; (4) Fenfluramine;

(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;

(5) Fenproporex;

(5) Not more than 15 milligrams of opium per 29.5729 milliliters or per 28.35 grams; and

(6) Mazindol; (7) Mefenorex; (8) Modafinil;

(6) Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.

(9) Pemoline (including organometallic complexes and their chelates);

- Schedule V stimulants

(10) Phentermine;

Unless specifically exempted or excluded or unless listed in another schedule, a compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:

(11) Pipradrol; (12) SPA [(-)-1-dimethylamino-1,2-diphenylethane]; and (13) Sibutramine.

(1) Pyrovalerone.

- Schedule IV narcotics Unless specifically excepted or unless listed in another schedule, a material, compound, mixture, or preparation containing limited quantities of the following narcotic drugs or their salts: (1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit; (2) Dextropropoxyphene (Alpha-(+)-4-dimethylamino-1,2-diphenyl3-methyl-2-

- Schedule V depressants Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts: (1) Ezogabine including its salts, isomers and salts of isomers, whenever the existence of such salts, isomers and salts of isomers is possible;

propionoxybutane); and,

(2) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-proprionamide]; and

(3) 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol (other name: tramadol).

(3) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid].

- Schedule IV other substances Unless specifically excepted or unless listed in another schedule, a material, compound, substance's salts: (1) Butorphanol, including its optical isomers;



(2) Carisoprodol; *(3) Eluxadoline (other names: 5-[[[(2S-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic acid) including its salts, isomers, and salts of isomers; (4) Lorcarserin including its salts, isomers and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible; and,

41 TexReg 4094 June 3, 2016

TRD-201602601 Lisa Hernandez General Counsel Department of State Health Services Filed: May 25, 2016

Texas Register





Licensing Actions for Radioactive Materials

IN ADDITION June 3, 2016

41 TexReg 4095

41 TexReg 4096

June 3, 2016

Texas Register

TRD-201602549 Lisa Hernandez General Counsel Department of State Health Services Filed: May 25, 2016







Licensing Actions for Radioactive Materials

IN ADDITION

June 3, 2016 41 TexReg 4097

41 TexReg 4098

June 3, 2016

Texas Register

IN ADDITION June 3, 2016

41 TexReg 4099

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

TRD-201602579 Lisa Hernandez General Counsel Department of State Health Services Filed: May 25, 2016





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



Texas Lottery Commission Scratch Ticket Game Number 1766 "50X Fast Cash" Name and Style of Game. A. The name of Scratch Ticket Game No. 1766 is "50X FAST CASH". The play style is "match 3 of X". 1.1 Price of Scratch Ticket Game. A. Tickets for Scratch Ticket Game No. 1766 shall be $5.00 per Ticket. 1.2 Definitions in Scratch Ticket Game No. 1766.

41 TexReg 4100

June 3, 2016

Texas Register

C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: TIRE SYMBOL, WRENCH SYMBOL, GASOLINE PUMP SYMBOL, FLAG SYMBOL, TROPHY SYMBOL, FUEL SYMBOL, SUN SYMBOL, MEGAPHONE SYMBOL, CLOCK SYMBOL, BINOCULARS SYMBOL, CAP SYMBOL, HELMET SYMBOL, GLOVE SYMBOL, WATER BOTTLE SYMBOL, MEDAL SYMBOL, FIRE EXTINGUISHER SYMBOL, KEY SYMBOL, STREET LIGHTS SYMBOL, RACE CAR SYMBOL, $5.00, $10.00, $20.00, $50.00, $100, $500, $1,000 and $100,000. D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears

under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

E. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

digit Pack number, the three (3) digit Scratch Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.

H. High-Tier Prize - A prize of $1,000 or $100,000.

J. Pack-Scratch Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1766), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 075 within each Pack. The format will be: 1766-0000001-001.

I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) Bar Code which will include a four (4) digit game ID, the seven (7)

K. Pack - A Pack of "50X FAST CASH" Scratch Ticket Game contains 075 Tickets, packed in plastic shrink-wrapping and fanfolded in pages

F. Low-Tier Prize - A prize of $5.00, $10.00 or $20.00. G. Mid-Tier Prize - A prize of $50.00, $100 or $500.

IN ADDITION

June 3, 2016 41 TexReg 4101

of one (1). The Packs will alternate. One will show the front of Ticket 001 and back of 075 while the other fold will show the back of Ticket 001 and front of 075. L. Non-Winning Scratch Ticket - A Scratch Ticket which is not programmed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.

13. The Scratch Ticket must be complete and not miscut and have exactly 64 (sixty-four) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Scratch Ticket Number on the Scratch Ticket; 14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously;

M. Scratch Ticket Game, Scratch Ticket or Ticket - A Texas Lottery "50X FAST CASH" Scratch Ticket Game No. 1766.

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

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule §401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "50X FAST CASH" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 64 (sixty-four) Play Symbols. If a player reveals 3 matching Play Symbols in the same GAME, the player wins the PRIZE for that GAME. If a player reveals 2 matching Play Symbols and a "RACE CAR" Play Symbol in the same GAME, the player wins 2X the PRIZE for that GAME. If a player reveals 2 "RACE CAR" Play Symbols in the same GAME, the player wins 5X the PRIZE for that GAME. If a player reveals 3 "RACE CAR" Play Symbols in the same GAME, the player wins 50X the PRIZE for that GAME. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket Game.

16. Each of the 64 (sixty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

2.1 Scratch Ticket Validation Requirements. A. To be a valid Scratch Ticket, all of the following requirements must be met: 1. Exactly 64 (sixty-four) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket; 2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption; 3. Each of the Play Symbols must be present in its entirety and be fully legible; 4. Each of the Play Symbols must be printed in black ink except for dual image games;

17. Each of the 64 (sixty-four) Play Symbols on the Scratch Ticket must be printed in the symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery; 18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and 19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines. B. The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery. C. Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion. 2.2 Programmed Game Parameters.

5. The Scratch Ticket shall be intact; 6. The Serial Number, Retailer Validation Code and Pack-Scratch Ticket Number must be present in their entirety and be fully legible; 7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Scratch Ticket; 8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner; 9. The Scratch Ticket must not be counterfeit in whole or in part;

A. A Ticket can win up to sixteen (16) times in accordance with the approved prize structure. B. Adjacent Non-Winning Tickets within a Pack will not have matching Play Symbol and Prize Symbol patterns. Two (2) Tickets have matching Play and Prize Symbol patterns if they have the same Play Symbol and Prize Symbols in the same positions. C. The top Prize Symbol will appear on every Ticket unless restricted by other parameters, play action or prize structure.

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

D. There will be a random distribution of all Play Symbols on the ticket unless restricted by other parameters, play action or prize structure (with the exception of the "RACE CAR" (WIN) Play Symbol).

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

E. There will be no matching non-winning GAMES on a Ticket. GAMES are considered matching if they have the same Play Symbols in the same spots.

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

F. No three (3) or more matching non-winning Play Symbols will appear in adjacent positions diagonally or in a column.

41 TexReg 4102

June 3, 2016

Texas Register

G. The "RACE CAR" (WIN) Play Symbol will only appear on winning Tickets and will appear on winning GAMES as dictate by the prize structure.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

H. No more than two (2) matching non-winning Play Symbols will appear in one (1) GAME.

F. If a person is indebted or owes delinquent taxes to the State, and is selected as a winner in a promotional second-chance drawing, the debt to the State must be paid within 30 days of notification or the prize will be awarded to an Alternate.

I. Non-winning Prize Symbols will never appear more than tree (3) times. J. Non-winning Prize Symbols will never be the same as the winning Prize Symbol(s). 2.3 Procedure for Claiming Prizes. A. To claim a "50X FAST CASH" Scratch Ticket Game prize of $5.00, $10.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100 or $500 Scratch Ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures. B. To claim a "50X FAST CASH" Scratch Ticket Game prize of $1,000 or $100,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly. C. As an alternative method of claiming a "50X FAST CASH" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly. D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct: 1. A sufficient amount from the winnings of a prize winner who has been finally determined to be: a. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055; b. in default on a loan made under Chapter 52, Education Code; or c. in default on a loan guaranteed under Chapter 57, Education Code; and 2. delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231, Family Code.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances: A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize; B. if there is any question regarding the identity of the claimant; C. if there is any question regarding the validity of the Scratch Ticket presented for payment; or D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim. 2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "50X FAST CASH" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor. 2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "50X FAST CASH" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor. 2.7 Scratch Ticket Claim Period. All Scratch Ticket Game prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is not claimed within that period, and in the manner specified in these Game Procedures and on the back of each Scratch Ticket, shall be forfeited. 2.8 Disclaimer. The number of prizes in a game is approximate based on the number of Scratch Tickets ordered. The number of actual prizes available in a game may vary based on number of Scratch Tickets manufactured, testing, distribution, sales and number of prizes claimed. A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed. 2.9 Promotional Second-Chance Drawings. Any Non-Winning "50X FAST CASH" Scratch Ticket may be entered into one of four promotional drawings for a chance to win a promotional second-chance drawing prize. See instructions on the back of the Scratch Ticket for information on eligibility and entry requirements. 3.0 Scratch Ticket Ownership. A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated. If more than one name appears on the back of the Scratch Ticket, the

IN ADDITION June 3, 2016

41 TexReg 4103

Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment. B. The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket.

A. The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission. 5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 1766 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket Game closing procedures and the Scratch Game Rules. See 16 TAC §401.302(j). 6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 1766, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401, and all final decisions of the Executive Director. TRD-201602526 Bob Biard General Counsel Texas Lottery Commission Filed: May 24, 2016







Scratch Ticket Game Number 1769 "$250,000 Extreme Green" 1.0 Name and Style of Scratch Ticket Game. A. The name of Scratch Ticket Game No. 1769 is "$250,000 EXTREME GREEN". The play style is "key number match".

41 TexReg 4104 June 3, 2016

Texas Register

4.0 Number and Value of Scratch Prizes. There will be approximately 5,520,000 Scratch Tickets in the Scratch Ticket Game No. 1766. The approximate number and value of prizes in the game are as follows:

1.1 Price of Scratch Ticket Game. A. The price for Scratch Ticket Game No. 1769 shall be $10.00 per Ticket. 1.2 Definitions in Scratch Ticket Game No. 1769. A. Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear. B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket. C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, $$, $10.00, $20.00, $50.00, $100, $500, $1,000 and $250,000. D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

IN ADDITION June 3, 2016

41 TexReg 4105

E. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000. F. Low-Tier Prize - A prize of $10.00 or $20.00. G. Mid-Tier Prize - A prize of $50.00, $100 or $500. H. High-Tier Prize - A prize of $1,000 or $250,000.

41 TexReg 4106

June 3, 2016

Texas Register

I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) Bar Code which will include a four (4) digit game ID, the seven (7) digit Pack number, the three (3) digit Scratch Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket. J. Pack-Scratch Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1769), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 050 within each Pack. The format will be: 1769-0000001-001.

K. Pack - A Pack of the "$250,000 EXTREME GREEN" Scratch Ticket Game contains 050 Scratch Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 001 and 050 will both be exposed. L. Non-Winning Scratch Ticket - A Scratch Ticket which is not programmed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401. M. Scratch Game Ticket, Scratch Ticket or Ticket - Texas Lottery "$250,000 EXTREME GREEN" Scratch Ticket Game No. 1769. 2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule §401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "$250,000 EXTREME GREEN" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 75 (seventy-five) Play Symbols. In each GAME, if a player matches any of YOUR NUMBERS Play Symbols to the EXTREME NUMBER Play Symbol, the player wins the prize for that number. If a player reveals a "$$" Play Symbol, the player wins DOUBLE the prize for that symbol. Each GAME is played separately. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket. 2.1 Scratch Ticket Validation Requirements. A. To be a valid Scratch Ticket, all of the following requirements must be met: 1. Exactly 75 (seventy-five) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket; 2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption; 3. Each of the Play Symbols must be present in its entirety and be fully legible; 4. Each of the Play Symbols must be printed in black ink except for dual image games; 5. The Scratch Ticket shall be intact; 6. The Serial Number, Retailer Validation Code and Pack-Scratch Ticket Number must be present in their entirety and be fully legible; 7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Scratch Ticket; 8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner; 9. The Scratch Ticket must not be counterfeit in whole or in part; 10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner; 11. The Scratch Ticket must not have been stolen, nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery; 12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Scratch Ticket Number must be right side up and not reversed in any manner;

13. The Scratch Ticket must be complete and not miscut and have exactly 75 (seventy-five) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Scratch Ticket Number on the Scratch Ticket; 14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously; 15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error; 16. Each of the 75 (seventy-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures; 17. Each of the 75 (seventy-five) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery; 18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and 19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines. B. The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery. C. Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion. 2.2 Programmed Game Parameters. A. A Ticket can win up to thirty-five (35) times in accordance with the approved prize structure. B. Adjacent non-winning Tickets within a Pack will not have matching Play Symbol and Prize Symbol patterns. Two (2) Tickets have matching Play Symbol and Prize Symbol patterns if they have the same Play Symbols and Prize Symbols in the same spots. C. The top Prize Symbol will appear on every Ticket unless restricted by other parameters, play action or prize structure. D. Each Ticket will have five (5) different "EXTREME NUMBER" Play Symbols. E. No "YOUR NUMBERS" Play Symbols will match an "EXTREME NUMBER" Play Symbol in another GAME. F. Non-winning "YOUR NUMBERS" Play Symbols will all be different. G. Non-winning Prize Symbols will never appear more than seven (7) times.

IN ADDITION June 3, 2016

41 TexReg 4107

H. The "$$" (DBL) Play Symbol will never appear in the "EXTREME NUMBER" Play Symbol spots. I. The "$$" (DBL) Play Symbol will appear as dictated by the prize structure. J. Non-winning Prize Symbols will never be the same as the winning Prize Symbol(s) in that GAME. K. No prize amount in a non-winning spot will correspond with the "YOUR NUMBERS" Play Symbol (i.e., 20 and $20).

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid. 2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances: A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize; B. if there is any question regarding the identity of the claimant;

2.3 Procedure for Claiming Prizes. A. To claim a "$250,000 EXTREME GREEN" Scratch Ticket Game prize of $10.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $25.00, $50.00, $100 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures. B. To claim a "$250,000 EXTREME GREEN" Scratch Ticket Game prize of $1,000 or $250,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly. C. As an alternative method of claiming a "$250,000 EXTREME GREEN" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly. D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct: 1. A sufficient amount from the winnings of a prize winner who has been finally determined to be: a. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055; b. in default on a loan made under Chapter 52, Education Code; or

C. if there is any question regarding the validity of the Scratch Ticket presented for payment; or D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim. 2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "$250,000 EXTREME GREEN" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor. 2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "$250,000 EXTREME GREEN" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor. 2.7 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is not claimed within that period, and in the manner specified in these Game Procedures and on the back of each Scratch Ticket, shall be forfeited. 2.8 Disclaimer. The number of prizes in a game is approximate based on the number of Scratch Tickets ordered. The number of actual prizes available in a game may vary based on number of Scratch Tickets manufactured, testing, distribution, sales and number of prizes claimed. A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed. 3.0 Scratch Ticket Ownership. A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated. If more than one name appears on the back of the Scratch Ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

c. in default on a loan guaranteed under Chapter 57, Education Code; and

B. The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket.

2. delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231, Family Code.

4.0 Number and Value of Scratch Prizes. There will be approximately 5,400,000 Scratch Tickets in Scratch Ticket Game No. 1769. The approximate number and value of prizes in the game are as follows:

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A. The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission. 5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 1769 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Instant Game Rules. See 16 TAC §401.302(j). 6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 1769, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401, and all final decisions of the Executive Director. TRD-201602520 Bob Biard General Counsel Texas Lottery Commission Filed: May 24, 2016







Scratch Ticket Game Number 1779 "Super Break the Bank" 1.0 Name and Style of Scratch Ticket Game. A. The name of Scratch Ticket Game No. 1779 is "SUPER BREAK THE BANK". The play style is "multiple games". 1.1 Price of Scratch Ticket Game.

1.2 Definitions in Scratch Ticket Game No. 1779. A. Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear. B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket. C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, BILL SYMBOL, $10.00, $20.00, $40.00, $50.00, $100, $200, $500, $5,000, $50,000, $ONE MILL, 5X SYMBOL, HAT SYMBOL, BELL SYMBOL, CHERRY SYMBOL, BAR SYMBOL, GRAPE SYMBOL, LEMON SYMBOL, MELON SYMBOL, PEPPERS SYMBOL, APPLE SYMBOL, POP SYMBOL, BANANA SYMBOL, MILK SYMBOL, CACTUS SYMBOL, CLOVER SYMBOL, MUSIC SYMBOL, HEART SYMBOL, STRAWBERRY SYMBOL, COIN SYMBOL, TOPAZ SYMBOL, EMERALD SYMBOL, PEARLS SYMBOL, SAFE SYMBOL, CHEST SYMBOL, DIAMOND SYMBOL, CHIPS SYMBOL, RING SYMBOL, HORSESHOE SYMBOL, MONEY ROLL SYMBOL, MONEY BAG SYMBOL, GOLD BAR SYMBOL, STAR SYMBOL, POT OF GOLD SYMBOL, CROWN SYMBOL and MONEY STACK SYMBOL. D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

A. The price for Scratch Ticket Game No. 1779 shall be $20.00 per Ticket.

IN ADDITION

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IN ADDITION June 3, 2016

41 TexReg 4111

E. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000. F. Low-Tier Prize - A prize of $20.00. G. Mid-Tier Prize - A prize of $40.00, $50.00, $100, $200 or $500. H. High-Tier Prize - A prize of $5,000, $50,000 or $1,000,000. I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) Bar Code which will include a four (4) digit game ID, the seven (7) digit Pack number, the three (3) digit Scratch Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket. J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1779), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 020 within each Pack. The format will be: 1779-0000001-001. K. Pack - A Pack of the "SUPER BREAK THE BANK" Scratch Ticket Game contains 020 Tickets. Each Ticket will be folded and glued in a Pop N'Pak manner. Each Ticket will be in a clear pouch and each Pack will have 20 pouches. L. Non-Winning Scratch Ticket - A Scratch Ticket which is not programmed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401. M. Scratch Game Ticket, Scratch Ticket or Ticket - Texas Lottery "SUPER BREAK THE BANK" Scratch Ticket Game No. 1779. 2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule §401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "SUPER BREAK THE BANK" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 123 (one hundred twenty-three) Play Symbols. GAME 1 - KEY NUMBER MATCH: If a player matches any of YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If a player reveals a "BILL" Play Symbol, the player wins DOUBLE the prize for that symbol! GAME 2 - MATCH 3 WITH 5X MULTIPLIER: If a player reveals

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3 matching prize amounts, the player wins that amount. If a player reveals 2 matching prize amounts and a "5X" Play Symbol, the player wins 5 TIMES that amount! GAME 3 - FIND: The player scratches the entire play area to reveal 9 Play Symbols and 9 Prize Symbols. If a player reveals a "COIN" Play Symbol, the player wins the prize for that symbol instantly. GAME 4 - FIND: If a player reveals a "DIAMOND" Play Symbol, the player wins $50 instantly. GAME 5 - MATCH 3: If a player reveals 3 matching Play Symbols in the same ROW, the player wins the prize in the LEGEND. GAME 6 AND GAME 7- KEY NUMBER MATCH: If any of YOUR NUMBERS Play Symbols match any of the 3 LUCKY NUMBERS Play Symbols in the same GAME, the player wins the prize for that number. If a player reveals a "MONEY STACK" Play Symbol, the player wins the prize for that symbol instantly. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket. 2.1 Scratch Ticket Validation Requirements. A. To be a valid Scratch Ticket, all of the following requirements must be met: 1. Exactly 123 (one hundred twenty-three) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket; 2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption; 3. Each of the Play Symbols must be present in its entirety and be fully legible; 4. Each of the Play Symbols must be printed in black ink except for dual image games; 5. The Scratch Ticket shall be intact; 6. The Serial Number, Retailer Validation Code and Pack-Scratch Ticket Number must be present in their entirety and be fully legible; 7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Scratch Ticket; 8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner; 9. The Scratch Ticket must not be counterfeit in whole or in part; 10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner;

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

E. GAME 1 - Key Number Match: This game may have up to two (2) matching non-winning Prize Symbols unless restricted by other parameters, play action or prize structure.

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

F. GAME 1 - Key Number Match: A non-winning Prize Symbol will never be the same as a winning Prize Symbol in this game.

13. The Scratch Ticket must be complete and not miscut and have exactly 123 (one hundred twenty-three) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one PackScratch Ticket Number on the Scratch Ticket; 14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously; 15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error; 16. Each of the 123 (one hundred twenty-three) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures; 17. Each of the 123 (one hundred twenty-three) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery; 18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and 19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines. B. The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery. C. Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion. 2.2 Programmed Game Parameters. A. Consecutive Non-Winning Tickets in a Pack will not have matching play data, spot for spot. B. The top Prize Symbol will appear on every Ticket unless restricted by other parameters, play action or prize structure. C. GAME 1 - Key Number Match: No matching non-winning YOUR NUMBERS Play Symbols in this game. D. GAME 1 - Key Number Match: No matching WINNING NUMBERS Play Symbols in this game.

G. GAME 1 - Key Number Match: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 20 and $20) in this game. H. GAME 1 - Key Number Match: No YOUR NUMBERS Play Symbol in GAME 1 will match a LUCKY NUMBERS Play Symbol in GAME 6 or GAME 7. I. GAME 1 - Key Number Match: The "BILL" (DOUBLE) Play Symbol will only appear as dictated by the prize structure. J. GAME 2 - Match 3 with 5X Multiplier: No four (4) or more matching Prize Symbols in this game. K. GAME 2 - Match 3 with 5X Multiplier: No three (3) or more matching Prize Symbols will appear with the "5X" (WINX5) Play Symbol. L. GAME 2 - Match 3 with 5X Multiplier: No two (2) or more matching pairs of Prize Symbols will appear with the "5X" (WINX5) Play Symbol. M. GAME 2 - Match 3 with 5X Multiplier: The "5X" (WINX5) Play Symbol will only appear as dictated by the prize structure. N. GAME 3 - Find: No matching non-winning Play Symbols in this game. O. GAME 3 - Find: No matching non-winning Prize Symbols in this game. P. GAME 3 - Find: A non-winning Prize Symbol will never be the same as a winning Prize Symbol in this game. Q. GAME 4 - Find: The "DIAMOND" (WIN$50) Play Symbol will only appear as dictated by the prize structure. R. GAME 5 - Match 3: No matching non-winning ROWS on a Ticket (in any order). S. GAME 6 and GAME 7 - Key Number Match: No matching nonwinning YOUR NUMBERS Play Symbols in these games. T. GAME 6 and GAME 7 - Key Number Match: No matching LUCKY NUMBERS Play Symbols in these games. U. GAME 6 and GAME 7 - Key Number Match: These games may have up to two (2) matching non-winning Prize Symbols unless restricted by other parameters, play action or prize structure. V. GAME 6 and GAME 7 - Key Number Match: A non-winning Prize Symbol will never be the same as a winning Prize Symbol in these games. W. GAME 6 and GAME 7 - Key Number Match: No prize amount in a non -winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 20 and $20) in these games. X. GAME 6 and GAME 7 - Key Number Match: The "MONEY STACK" (STACK) Play Symbol will never appear more than once in these games. 2.3 Procedure for Claiming Prizes. A. To claim a "SUPER BREAK THE BANK" Scratch Ticket Game prize of $20.00, $40.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and,

IN ADDITION June 3, 2016

41 TexReg 4113

if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $40.00, $50.00, $100, $200 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures. B. To claim a "SUPER BREAK THE BANK" Scratch Ticket Game prize of $5,000, $50,000 or $1,000,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly. C. As an alternative method of claiming a "SUPER BREAK THE BANK" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly. D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct: 1. A sufficient amount from the winnings of a prize winner who has been finally determined to be: a. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055; b. in default on a loan made under Chapter 52, Education Code; or c. in default on a loan guaranteed under Chapter 57, Education Code; and 2. delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231, Family Code. E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid. 2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances: A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

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B. if there is any question regarding the identity of the claimant; C. if there is any question regarding the validity of the Scratch Ticket presented for payment; or D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim. 2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "SUPER BREAK THE BANK" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor. 2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "SUPER BREAK THE BANK" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor. 2.7 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is not claimed within that period, and in the manner specified in these Game Procedures and on the back of each Scratch Ticket, shall be forfeited. 2.8 Disclaimer. The number of prizes in a game is approximate based on the number of Scratch Tickets ordered. The number of actual prizes available in a game may vary based on number of Scratch Tickets manufactured, testing, distribution, sales and number of prizes claimed. A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed. 3.0 Scratch Ticket Ownership. A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated. If more than one name appears on the back of the Scratch Ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment. B. The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket. 4.0 Number and Value of Scratch Prizes. There will be approximately 7,920,000 Scratch Tickets in Scratch Ticket Game No. 1779. The approximate number and value of prizes in the game are as follows:

A. The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission. 5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 1779 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Instant Game Rules. See 16 TAC §401.302(j). 6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 1779, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401, and all final decisions of the Executive Director. TRD-201602523 Bob Biard General Counsel Texas Lottery Commission Filed: May 24, 2016







1.1 Price of Scratch Ticket Game. A. The price for Scratch Ticket Game No. 1802 shall be $2.00 per Ticket. 1.2 Definitions in Scratch Ticket Game No. 1802. A. Display Printing - That area of the Scratch Ticket outside of the area where the overprint and Play Symbols appear. B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the Scratch Ticket. C. Play Symbol - The printed data under the latex on the front of the Scratch Ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black Play Symbols are: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, MONEY STACK SYMBOL, $2.00, $4.00, $6.00, $10.00, $20.00, $50.00, $200, $1,000, $3,000 and $30,000. D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Scratch Ticket Game Number 1802 "Break the Bank" 1.0 Name and Style of Scratch Ticket Game. A. The name of Scratch Ticket Game No. 1802 is "BREAK THE BANK". The play style is "key number match".

IN ADDITION

June 3, 2016 41 TexReg 4115

E. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000. F. Low-Tier Prize - A prize of $2.00, $4.00, $6.00, $8.00, $10.00, $12.00 or $20.00. G. Mid-Tier Prize - A prize of $50.00 or $200. H. High-Tier Prize - A prize of $1,000, $3,000 or $30,000. I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) Bar Code which will include a four (4) digit game ID, the seven (7) digit Pack number, the three (3) digit Scratch Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.

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J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1802), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 125 within each Pack. The format will be: 1802-0000001-001. K. Pack - A Pack of the "BREAK THE BANK" Scratch Ticket Game contains 125 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One Ticket will be folded over to expose a front and back of one Ticket on each Pack. Please note the Packs will be in an A, B, C and D configuration. L. Non-Winning Scratch Ticket - A Scratch Ticket which is not programmed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable

rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.

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

M. Scratch Game Ticket, Scratch Ticket or Ticket - Texas Lottery "BREAK THE BANK" Scratch Ticket Game No. 1802.

16. Each of the 19 (nineteen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule §401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "BREAK THE BANK" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 19 (nineteen) Play Symbols. If any of YOUR NUMBERS Play Symbols match any of the 3 LUCKY NUMBERS Play Symbols, the player wins the prize for that number. If a player reveals a "MONEY STACK" Play Symbol, the player wins the prize for that symbol instantly. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

17. Each of the 19 (nineteen) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch Ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

2.1 Scratch Ticket Validation Requirements. A. To be a valid Scratch Ticket, all of the following requirements must be met: 1. Exactly 19 (nineteen) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch Ticket; 2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption; 3. Each of the Play Symbols must be present in its entirety and be fully legible; 4. Each of the Play Symbols must be printed in black ink except for dual image games; 5. The Scratch Ticket shall be intact; 6. The Serial Number, Retailer Validation Code and Pack-Scratch Ticket Number must be present in their entirety and be fully legible; 7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the Scratch Ticket;

18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and 19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines. B. The Scratch Ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery. C. Any Scratch Ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion. 2.2 Programmed Game Parameters. A. Consecutive Non-Winning Tickets in a Pack will not have matching play data, spot for spot. B. The top Prize Symbol will appear on every Ticket unless restricted by other parameters, play action or prize structure.

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

C. A non-winning Prize Symbol will never be the same as a winning Prize Symbol.

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

D. No matching LUCKY NUMBERS Play Symbols on a Ticket.

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

E. There will be no correlation between the matching Play Symbols and the prize amount.

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

F. The "MONEY STACK" (WIN) Play Symbol will never appear more than once on a Ticket.

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Scratch Ticket Number must be right side up and not reversed in any manner; 13. The Scratch Ticket must be complete and not miscut and have exactly 19 (nineteen) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Scratch Ticket Number on the Scratch Ticket; 14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously;

G. No matching non-winning YOUR NUMBERS Play Symbols on a Ticket. H. No prize amount in a non-winning spot will correspond with the YOUR NUMBER Play Symbol (i.e., 10 and $10). 2.3 Procedure for Claiming Prizes. A. To claim a "BREAK THE BANK" Scratch Ticket Game prize of $2.00, $4.00, $6.00, $8.00, $10.00, $12.00, $20.00, $50.00 or $200, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch Ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00 or $200 Scratch Ticket Game. In

IN ADDITION June 3, 2016

41 TexReg 4117

the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures. B. To claim a "BREAK THE BANK" Scratch Ticket Game prize of $1,000, $3,000 or $30,000, the claimant must sign the winning Scratch Ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning Scratch Ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly. C. As an alternative method of claiming a "BREAK THE BANK" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch Tickets lost in the mail. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly. D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct: 1. A sufficient amount from the winnings of a prize winner who has been finally determined to be:

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim. 2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize under $600 from the "BREAK THE BANK" Scratch Ticket Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor. 2.6 If a person under the age of 18 years is entitled to a cash prize of $600 or more from the "BREAK THE BANK" Scratch Ticket Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor. 2.7 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any rights to a prize that is not claimed within that period, and in the manner specified in these Game Procedures and on the back of each Scratch Ticket, shall be forfeited. 2.8 Disclaimer. The number of prizes in a game is approximate based on the number of Scratch Tickets ordered. The number of actual prizes available in a game may vary based on number of Scratch Tickets manufactured, testing, distribution, sales and number of prizes claimed. A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed. 3.0 Scratch Ticket Ownership.

2. delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231, Family Code.

A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Scratch Ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the Scratch Ticket in the space designated. If more than one name appears on the back of the Scratch Ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

B. The Texas Lottery shall not be responsible for lost or stolen Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 30,000,000 Scratch Tickets in Scratch Ticket Game No. 1802. The approximate number and value of prizes in the game are as follows:

a. delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the Comptroller under Government Code §403.055; b. in default on a loan made under Chapter 52, Education Code; or c. in default on a loan guaranteed under Chapter 57, Education Code; and

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize; B. if there is any question regarding the identity of the claimant; C. if there is any question regarding the validity of the Scratch Ticket presented for payment; or

41 TexReg 4118

June 3, 2016

Texas Register

A. The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission. 5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 1802 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Instant Game Rules. See 16 TAC §401.302(j).

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 18, 2016, for a service provider certificate of operating authority, pursuant to the Public Utility Regulatory Act. Applicant intends to provide facilities based, data and resale services for exchange areas currently served by AT&T Texas and Frontier. Docket Title and Number: Application of eNetworks, LLC for a Service Provider Certificate of Operating Authority, Docket Number 45975.

6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 1802, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401, and all final decisions of the Executive Director.

Persons who wish to comment upon the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 no later than June 10, 2016. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 45975.

TRD-201602524 Bob Biard General Counsel Texas Lottery Commission Filed: May 24, 2016

TRD-201602473 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed: May 19, 2016













Public Utility Commission of Texas

Notice of Application for Retail Electric Provider Certification

Notice of Application for a Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 16, 2016, for retail electric provider (REP) certification, pursuant to Public Utility Regulatory Act (PURA) §39.352.

IN ADDITION June 3, 2016

41 TexReg 4119

Docket Title and Number: Application of Windrose Power & Gas, LLC for a Retail Electric Provider Certificate, Docket Number 45969. Persons wishing to comment upon the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 no later than June 30, 2016. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll-free at (800) 735-2989. All comments should reference Docket Number 45969. TRD-201602474 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed: May 19, 2016







On May 23, 2016, tw telecom of texas llc filed an application with the Public Utility Commission of Texas for a name change amendment to service provider certificate of operating authority number 60124. Docket Style and Number: Application of tw telecom of texas llc for an Amendment to a Service Provider Certificate of Operating Authority, Docket Number 45984. Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477 no later than June 10, 2016. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 45984. TRD-201602546 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed: May 25, 2016





Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) to amend a water certificate of convenience and necessity (CCN) in Montgomery County, Texas. Docket Style and Number: Application of Crystal Springs Water Co., Inc. to Amend a Certificate of Convenience and Necessity in Montgomery County, Docket Number 45974. The Application: Crystal Springs Water Co., Inc. filed an application to amend its water CCN Number 11373 in Montgomery County. Crystal Springs seeks to amend its CCN to provide water service to approximately 133 acres of land being developed into a residential neighborhood. There are zero current customers. Persons wishing to intervene or comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 45974.

June 3, 2016





Notice of Filing to Withdraw Services Pursuant to 16 TAC §26.208(h)

Docket Title and Number: Application of Central Telephone Company of Texas d/b/a CenturyLink to Withdraw Services Pursuant to 16 Tex. Admin. Code §26.208(h) - Docket Number 45907. The Application: On April 29, 2016, pursuant to 16 TAC §26.208(h), Central Telephone Company of Texas d/b/a CenturyLink (CenturyLink) filed an application with the commission to withdraw certain operator services from its Long Distance Message Telecommunications Service Tariff. CenturyLink seeks to withdraw the services based on lack of customer demand. The proceedings were docketed and suspended on May 3, 2016, to allow adequate time for review and intervention. Information on the application may be obtained by contacting the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All inquiries should reference Docket Number 45907. TRD-201602468 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed: May 19, 2016



Notice of Application to Amend Water Certificate of Convenience and Necessity

41 TexReg 4120



Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) to withdraw services pursuant to 16 Texas Administrative Code §26.208(h) (TAC).

Notice of Application to Amend a Service Provider Certificate of Operating Authority



TRD-201602471 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed: May 19, 2016

Texas Register





Notice of Filing to Withdraw Services Pursuant to 16 TAC §26.208(h) Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) to withdraw services pursuant to 16 Texas Administrative Code §26.208(h) (TAC). Docket Title and Number: Application of United Telephone Company of Texas d/b/a CenturyLink to Withdraw Services Pursuant to 16 TAC §26.208(h) - Docket Number 45908. The Application: On April 29, 2016, pursuant to 16 TAC §26.208(h), United Telephone Company of Texas d/b/a CenturyLink (CenturyLink) filed an application with the commission to withdraw certain operator services from its Long Distance Message Telecommunications Service Tariff. CenturyLink proposes to discontinue its Line Status Verification and Busy Interrupt services. CenturyLink seeks to withdraw the services based on lack of customer demand. The proceedings were docketed and suspended on May 3, 2016, to allow adequate time for review and intervention. Information on the application may be obtained by contacting the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact

the commission through Relay Texas by dialing 7-1-1. All inquiries should reference Docket Number 45908.

(TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 45971.

TRD-201602469 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed: May 19, 2016

TRD-201602472 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed: May 19, 2016













Notice of Filing to Withdraw Services Pursuant to 16 TAC §26.208(h)

Regional Water Planning Group - Area B

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) to withdraw services pursuant to 16 Texas Administrative Code §26.208(h) (TAC).

The Regional Water Planning Group - Area B (RWPG-B) was established by state law, including Texas Water Code Chapter 16, Texas Water Development Board rules, and 31 TAC Chapters 355, 357, and 358 on February 19, 1998. Area B includes the following counties: Archer, Baylor, Clay, Cottle, Foard, Hardeman, King, Montague, Wichita, Wilbarger, and the part of Young County that includes the City of Olney. The purpose of the RWPG-B is to provide comprehensive regional water planning and to carry out the related responsibilities placed on regional water planning groups by state law. Foremost among those responsibilities is the development of a regional water plan for Area B that identifies both short and long-term water supply needs and recommends water management strategies for addressing them.

Docket Title and Number: Application of CenturyTel of Lake Dallas, Inc. d/b/a CenturyLink to Withdraw Services Pursuant to 16 Tex. Admin. Code §26.208(h) - Docket Number 45909. The Application: On April 29, 2016, pursuant to 16 TAC §26.208(h), CenturyTel of Lake Dallas, Inc. d/b/a CenturyLink (CenturyLink) filed an application with the commission to withdraw certain operator services from its General Exchange Tariff. CenturyLink seeks to withdraw the services based on lack of customer demand. The proceedings were docketed and suspended on May 3, 2016, to allow adequate time for review and intervention. Information on the application may be obtained by contacting the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All inquiries should reference Docket Number 45909.



The following RWPG-B Interest Group/Members terms expire effective August 31, 2016: Environmental - Dr. Rebecca Dodge, Wichita County Small Businesses - Dean Myers, Montague County Municipalities - Joe Jarosek, Wilbarger County Counties - Judge Mark Christopher, Foard County

TRD-201602470 Adriana Gonzales Rules Coordinator Public Utility Commission of Texas Filed: May 19, 2016



Public Notice: Solicitation of Nominations

Water Districts - Bobbie Kidd, Donley County Municipalities - Russell Schreiber, Wichita County Public - Jerry Payne, Clay County



Notice of Petition for Recovery of Universal Service Funding Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on May 17, 2016 for recovery of Universal Service Funding pursuant to Public Utility Regulatory Act, §56.025 and 16 TAC §26.406. Docket Style and Number: Application of Dell Telephone Cooperative, Inc. to Recover Funds From the Texas Universal Service Fund Pursuant to PURA §56.025 and 16 TAC §26.406. Docket Number 45971. The Application: Dell Telephone Cooperative, Inc. (Dell) seeks recovery of funds from the Texas Universal Service Fund (TUSF) due to Federal Communications Commission (FCC) actions resulting in a reduction in the Federal Universal Service Fund (FUSF) revenues available to Dell. The petition requests that the commission allow Dell recovery of funds from the TUSF in the amount of $899,034 for 2016 to replace projected 2016 FUSF revenue reductions. Dell is not seeking any rate increases through this proceeding. Persons wishing to intervene or comment on the action sought should contact the commission by mail at P.O. Box 13326, Austin, Texas 78711-3326 or by phone at (512) 936-7120 or toll-free at (888) 782-8477. A deadline for intervention in this proceeding will be established. Hearing and speech-impaired individuals with text telephones

Electric Generating Utilities - Monte McMahon, Wilbarger County The nominee must represent the interest group category for which a member is sought, be willing to participate in the regional water planning process, and abide by the Bylaws to qualify for voting membership on the RWPG-B. If you would like to submit a nomination for a voting member representative of one of the interest groups listed above, you may do so by sending your nominations to the administrative agency--Red River Authority of Texas, Attention: Curtis W. Campbell, Post Office Box 240, Wichita Falls, Texas 76307-0240, or email your nominations to [email protected]. Deadline for submission of all nominations is Friday, July 15, 2016. The term for these members will be for 5 years--September 1, 2016, through August 31, 2021. Nominations will be voted on at the RWPG-B Public Meeting tentatively scheduled for Wednesday, August 17, 2016. If you have any questions, contact Red River Authority of Texas at (940) 723-2236 or email [email protected]. TRD-201602621

IN ADDITION June 3, 2016

41 TexReg 4121

Curtis W. Campbell Region B Chair Regional Water Planning Group - Area B Filed: May 25, 2016





Joanne Wright Deputy General Counsel Texas Department of Transportation Filed: May 25, 2016









Texas Department of Transportation

Public Notice - Aviation

Notice of Availability

Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.

Final Environmental Impact Statement (EIS) State Highway (SH) 99 (Grand Parkway) Segment B from SH 288 to Interstate Highway 45 (I-45) South in Brazoria and Galveston Counties, Texas. Pursuant to Texas Administrative Code, Title 43, §2.108, the Texas Department of Transportation (TxDOT) is advising the public of the availability of the Final EIS for proposed construction of SH 99 (Grand Parkway) Segment B in Brazoria and Galveston Counties, Texas. The project would construct a four-lane, limited-access toll road with intermittent frontage roads within a typical 400-foot-wide right-of-way. The project limits extend from SH 288 to I-45 South, a distance of approximately 28.6 miles. Project alternatives were evaluated at a comparable level of detail in the Draft EIS. The Final EIS contains the evaluation of the Preferred Alternative and the No Build Alternative, and provides a summary of the alternatives considered and evaluated during the Draft EIS studies. A digital version of the Final EIS may be downloaded from The Grand Parkway Association website at http://www.grandpky.com. In addition, the Final EIS is on file at the following locations: (1) Texas Department of Transportation, 7600 Washington Avenue, Houston, Texas 77007 (2) TxDOT Brazoria Area Office, 1033 E. Orange Street, Angleton, Texas 77515 (3) TxDOT Galveston Area Office, 5407 Gulf Freeway, La Marque, Texas 77568 (4) Alvin Library, 105 South Gordon Street, Alvin, Texas 77511 (5) Angleton Library, 401 East Cedar Street, Angleton, Texas 77515 (6) Helen Hall Library, 100 W. Walker Street, League City, Texas 77573 (7) Houston Public Library (Texas Room), 500 McKinney Street, Houston, Texas 77002 (8) Manvel Library, 20514B State Highway 6, Manvel, Texas 77578 For further information, please contact Mr. Carlos Swonke, Director, Environmental Affairs Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701; telephone (512) 416-3001; email: [email protected]. TxDOT's normal business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. Comments regarding the Final EIS may be submitted via email to: [email protected] or via U.S. mail to the Texas Department of Transportation, Attention: Director of Project Development, P.O. Box 1386, Houston, Texas 77251. The deadline for submitting comments is July 11, 2016. The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried out by TxDOT pursuant to 23 U.S.C. §327, and a Memorandum of Understanding dated December 16, 2014 and executed by FHWA and TxDOT. TRD-201602543

41 TexReg 4122

June 3, 2016

Texas Register

For information regarding actions and times for aviation public hearings, please go to the following website: www.txdot.gov/inside-txdot/get-involved/about/hearings-meetings.html. Or visit www.txdot.gov, How Do I Find Hearings and Meetings, choose Hearings and Meetings, and then choose Schedule. Or contact Texas Department of Transportation, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4500 or 1-800-68-PILOT. TRD-201602525 Joanne Wright Deputy General Counsel Texas Department of Transportation Filed: May 24, 2016







Texas Water Development Board Notice of Public Hearing The Texas Water Development Board (TWDB) will conduct a public hearing in accordance with Texas Water Code §16.053(r) and 31 Texas Administrative Code §357.51(g), and §358.4(a) on July 5, 2016 to receive public comment on a proposed amendment to the 2017 State Water Plan, Water for Texas 2017. The hearing will begin at 1:00 p.m. in Room 170, Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas 78701. The Board seeks to receive public comment related to the incorporation of changes adopted by the Region G regional water planning group to its adopted regional water plan on April 27, 2016. Specifically, Region G proposed to add project capital costs to all previously recommended municipal conservation water management strategies, including the City of Waco. On May 11, 2016, TWDB received the 2016 Region G regional water plan amendment materials and request for approval. These materials were reviewed by Board staff and the amendment to the regional water plan was approved by the Board on May 19, 2016. Interested persons are encouraged to attend the hearing to present comments concerning the proposed amendment. Those who cannot attend the hearing may provide written comments on or before July 5, 2016 to Mr. Les Trobman, General Counsel, Texas Water Development Board, P.O. Box 13231, Capitol Station, Austin, Texas 78711 or by email to [email protected]. The TWDB will receive public comment on the proposed amendment until close of business at 5 p.m. on July 5, 2016. Copies of the proposed amendment are available for inspection during regular business hours at the Stephen F. Austin Building from the Water Use, Projections, and Planning Division, Texas Water Development Board, 1700 North Congress Avenue, Austin, Texas 78701. If

you want to review these documents, please call (512) 475-2057 for arrangements to view them. A copy of the proposed amendment will also be available on the Board's web site at http://www.twdb.texas.gov/waterplanning/swp/2017/index.asp. TRD-201602518

Les Trobman General Counsel Texas Water Development Board Filed: May 24, 2016





IN ADDITION June 3, 2016



41 TexReg 4123

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