Texas Register Vol. 22 No. 24 March 28, 1997 Pages 3069-3170 ****ATTORNEY GENERAL**** Letter Opinions.....3075 Letter Opinions.....3076 Opinions.....3076 Request for Opinion.....3076 ****PROPOSED RULES**** Texas Real Estate Commission Professional Agreements and Standard Contracts 22 TAC sec.sec.537.11, 537.20, 537.28-537.32, 537.37, 537.38.....3077 22 TAC sec.sec.537.13, 537.34, 537.42 .....3079 Edwards Aquifer Authority Filing and Processing of Permit Applications 31 TAC sec.sec.701.1, 701.3 - 701.9 .....3082 31 TAC sec.sec.701.15, 701.21 .....3083 31 TAC sec.sec.701.16 - 701.18 .....3084 31 TAC sec.701.31 .....3084 31 TAC sec.701.34.....3085 31 TAC sec.701.53, sec.701.55.....3085 31 TAC sec.sec.701.74 - 701.77 .....3085 31 TAC sec.sec.701.92, 701.99, 701.100 .....3087 31 TAC sec.701.101.....3087 31 TAC sec.701.121.....3087 31 TAC sec.701.148 .....3088 31 TAC sec.sec.701.171 - 701.176 .....3088 31 TAC sec.sec.701.191 - 701.196 .....3089 31 TAC sec.sec.701.211 - 701.221.....3090 ****ADOPTED RULES**** Railroad Commission of Texas Surface Mining and Reclamation Division 16 TAC sec.11.221.....3093 Surface Mining and Reclamation Division 16 TAC sec.sec.12.1-12.7.....3094 16 TAC sec.12.9.....3094 16 TAC sec.sec.12.10, 12.12-12.19.....3094 16 TAC sec.12.21, sec.12.22.....3094 16 TAC sec.12.23.....3094 16 TAC sec.12.69.....3094 16 TAC sec.12.71, sec.12.72.....3095 16 TAC sec.sec.12.73, 12.75-12.77.....3095 16 TAC sec.sec.12.78-12.85.....3095 16 TAC sec.12.100, sec.12.102.....3095 16 TAC sec.sec.12.103-12.108.....3095 16 TAC sec.sec.12.109-12.115.....3096 16 TAC sec.sec.12.116-12.123.....3096 16 TAC sec.sec.12.124-12.138.....3096 16 TAC sec.sec.12.139-12.154.....3096 16 TAC sec.sec.12.155-12.163.....3096 16 TAC sec.sec.12.170-12.184.....3097 16 TAC sec.sec.12.185-12.199.....3097 16 TAC sec.sec.12.200-12.205.....3097 16 TAC sec.sec.12.207-12.221.....3097 16 TAC sec.12.222, sec.12.223.....3097 16 TAC sec.sec.12.225-12.233.....3098 16 TAC sec.sec.12.234, 12.236-12.243.....3098 16 TAC sec.sec.12.300-12.303.....3098 16 TAC sec.sec.12.304, 12.306, 12.307.....3098 16 TAC sec.sec.12.308-12.311.....3098 16 TAC sec.12.312, sec.12.313.....3099 16 TAC sec.12.314, sec.12.317.....3099 16 TAC sec.sec.12.325-12.328.....3099 16 TAC sec.sec.12.330-12.360, 12.362-12.393, 12.395-12.403.....3099 16 TAC sec.sec.12.500-12.528, 12.530-12.572.....3101 16 TAC sec.12.600.....3102 16 TAC sec.sec.12.610-12.613.....3102 16 TAC sec.sec.12.620-12.622, 12.624, 12.625.....3102 16 TAC sec.12.650, sec.12.651.....3103 16 TAC sec.12.660, sec.12.661.....3103 16 TAC sec.sec.12.670-12.675.....3103 16 TAC sec.sec.12.677-12.684.....3103 16 TAC sec.sec.12.686-12.694.....3103 16 TAC sec.sec.12.696-12.699.....3105 16 TAC sec.sec.12.700, 12.702-12.710.....3105 16 TAC sec.sec.12.800-12.817.....3105 Texas State Board of Pharmacy Pharmacies 22 TAC sec.sec.291.31-291.34, 291.36.....3106 22 TAC sec.291.72, sec.291.73.....3112 Pharmacists 22 TAC sec.295.13.....3112 Texas Department of Public Safety Driver Education 37 TAC sec.sec.18.21-18.24.....3113 37 TAC sec.sec.18.31-18.33.....3117 ****TABLES AND GRAPHICS**** Tables and Graphics.....3121 ****OPEN MEETINGS**** Texas Department of Agriculture Wednesday, April 9, 1997, 10:00 a.m......3123 Wednesday, April 9, 1997, 1:30 p.m......3123 Wednesday, April 16, 1997, 10:30 a.m. .....3123 Wednesday, April 16, 1997, 1:30 p.m......3123 Thursday, April 24, 1997, 9:00 a.m......3123 Texas Commission on Alcohol and Drug Abuse (TCADA) Tuesday, April 8, 1997, 10:00 a.m......3124 Tuesday, April 15, 1997, 12:00 noon......3124 Texas Board of Chiropractic Examiners Thursday, April 3, 1997, 9:30 a.m......3124 Coastal Coordination Council (CCC) Wednesday, April 2, 1997, 1:30 p.m......3124 Texas Commission for the Deaf and Hard of Hearing Saturday, April 5, 1997, 8:00 a.m......3124 State Board of Dental Examiners Friday, April 4, 1997, 9:30 a.m......3125 State Board for Educator Certification Friday, April 4, 1997, 9:00 a.m......3125 State Employee Charitable Campaign Wednesday, March 26, 1997, 11:00 a.m......3125 Wednesday, March 26, 1997, noon.....3125 Wednesday, March 26, 1997, 4:30 p.m......3125 Wednesday, April 16, 1997, 9:30 a.m......3126 Friday, April 18, 1997, 4:30 p.m......3126 General Land Office Friday, April 4, 1997, 2:30 p.m......3126 Texas Growth Fund Tuesday, April 1, 1997, 11:30 a.m......3126 Texas Department of Health Thursday, March 27, 1997, 8:30 a.m......3126 Thursday, March 27, 1997, 10:00 a.m......3127 Monday, March 31, 1997, 8:15 a.m......3127 Texas Health Care Information Council Monday, March 31, 1997, 8:30 a.m......3127 Monday, March 31, 1997, 8:30 a.m......3127 Monday, March 31, 1997, 10:30 a.m......3127 Texas Department of Insurance Tuesday, April 8, 1997, 9:00 a.m......3128 Tuesday, April 8, 1997, 9:00 a.m......3128 Tuesday, April 8, 1997, 1:30 p.m......3128 Wednesday, April 9, 1997, 9:00 a.m......3128 Wednesday, April 9, 1997, 1:00 p.m......3128 Thursday, April 10, 1997, 9:00 a.m......3128 Friday, April 11, 1997, 9:00 a.m......3129 Friday, April 11, 1997, 9:00 a.m......3129 Board for Lease of State-owned lands Tuesday, April 1, 1997, 2:00 p.m......3129 Tuesday, April 1, 1997, 2:30 p.m......3129 Texas Department of Licensing and Regulation Wednesday, March 26, 1996, 1:15 p.m., Rescheduled from March 25, 1997, 1:15 p.m......3129 Wednesday April 2, 1996, 9:00 a.m......3130 Thursday, April 3, 1996, 9:00 a.m......3130 Friday, April 4, 1996, 9:00 a.m......3130 Texas Lottery Commission Monday, March 31, 1997, 10:00 a.m......3130 Texas Natural Resource Conservation Commission Wednesday, April 2, 1997, 9:30 a.m. and 1:00 p.m......3131 Monday, April 21, 1997, 1:00 p.m. .....3131 Board of Nurse Examiners Friday, April 11, 1997, 10:00 a.m......3131 Executive Council of Physical Therapy and Occupational Therapy Examiners Monday, March 31, 1997, 9:30 a.m......3131 Texas State Board of Podiatric Medical Examiners Friday, April 4, 1997, 8:00 a.m......3132 Texas Board of Private Investigators and Private Security Agencies Monday, March 31, 1997, 1:00 p.m......3132 Public Utility Commission of Texas Wednesday, April 2, 1997, 9:30 a.m......3132 Monday, April 7, 1997, 9:00 a.m......3132 Monday, April 7, 1997, 9:00 a.m......3133 Monday, April 7, 1997, 9:00 a.m......3133 Monday, April 7, 1997, 9:00 a.m......3133 Monday, April 7, 1997, 9:00 a.m......3133 Railroad Commission of Texas Tuesday, April 1, 1997, 9:30 a.m......3134 Texas Southern University Thursday, April 3, 1997, 9:00 a.m......3134 Thursday, April 3, 1997, 10:30 a.m......3134 Thursday, April 3, 1997, 11:30 a.m......3134 Thursday, April 3, 1997, 12:30 p.m......3134 Thursday, April 3, 1997, 1:30 p.m......3134 Thursday, April 3, 1997, 2:30 p.m......3134 Friday, April 4, 1997, 8:30 a.m......3135 State Board of Examiners for Speech-Language Pathology and Audiology Wednesday, April 2, 1997, 8:00 a.m......3135 Wednesday, April 2, 1997, 9:00 a.m......3135 Wednesday, April 2, 1997, 9:00 a.m......3135 Wednesday, April 2, 1997, 11:00 a.m......3135 Friday, April 4, 1997, 8:00 a.m......3136 Friday, April 4, 1997, 2:00 p.m......3136 Teacher Retirement System of Texas Thursday, March 27, 1997, 8:30 a.m......3136 Thursday, March 27, 1997, 10:00 a.m......3137 Thursday, March 27, 1997, 12:00 noon.....3137 Friday, March 28, 1997, 8:30 a.m......3137 Friday, March 28, 1997, 9:30 a.m......3138 Friday, March 28, 1997, 1:00 p.m......3138 Telecommunications Infrastructure Fund Board Friday, March 28, 1997, 9:30 a.m......3138 The Texas A&M University System March 26, 1997, 10:30 a.m. or upon recess of the Board Meeting.....3138 March 26, 1997, 11:10 a.m., or upon recess of the Board Meeting.....3139 March 26, 1997, 11:40 a.m., or upon recess or adjournment of Facilities Planning and Building Committee meeting......3139 March 26, 1997, 1:30 p.m., or upon adjournment or recess of meeting of Finance and Audit Committee.....3139 March 26, 1997, 1:35 p.m., or upon recess or adjournment of Committee for Service Units meeting.....3139 March 27, 1997, 9:30 a.m., or upon recess or adjournment of Committee for Service Units meeting.....3139 University of Texas M.D. Anderson Cancer Center Tuesday, March 25, 1997, 9:00 a.m......3140 University of Texas Health Science Center at San Antonio Wednesday, March 26, 1997, 3:00 p.m......3140 The University of Texas Health Center at Tyler Thursday, April 3, 1997, noon.....3140 Thursday, April 3, 1997, noon.....3140 Regional Meetings ****IN ADDITION**** State Auditor's Office Notice of Request for Proposals.....3145 Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program .....3146 Office of the Consumer Credit Commissioner Notice of Rate Ceilings.....3147 Texas Education Agency Correction of Error.....3147 Texas Department of Health Designation of Sites Serving Medically Underserved Populations.....3152 Texas Department of Health Licensing Action for Radioactive Materials.....3154 Notice of Emergency Cease and Desist Order .....3156 Notice of Rescission of Order - Registration Number R08329.....3156 Notice of Rescission of Order - Registration Number R10754 .....3156 Texas Department of Housing and Community Affairs Correction of Errors.....3156 Notice of Administrative Hearing (MHD1996001377-D).....3156 Notice of Administrative Hearing (MHD1996001378-D).....3157 Notice of Administrative Hearing (MHD1996001797-M).....3157 Notice of Public Hearing for the Texas Department of Housing and Community Affairs Multifamily Housing Revenue Bonds (Canyon Crest Apartments Project) Series 1997 .....3157 Texas Department of Insurance Insurer Services .....3158 Third Party Administrator Applications.....3158 Texas Lottery Commission Invitation for Bids for Uniformed Security Officers for Security Control Station.....3158 Notice Of Application To Appropriate Public Waters of the State Of Texas .....3159 Notice of Application for Waste Disposal Permits.....3160 Texas Natural Resource Conservation Commission Enforcement Orders .....3160 Texas Natural Resource Conservation Commission Notice of Public Hearing (Chapters 3 and 101).....3163 Notice of Public Hearing (Chapter 112).....3163 Notice of Public Hearing (Chapters 106 and 116) .....3164 Provisionally-Issued Temporary Permits to Appropriate State Water .....3164 Texas Department of Protective and Regulatory Services Correction of Errors.....3164 Texas State Board of Examiners of Psychologists Correction of Errors.....3164 Public Utility Commission of Texas Notices of Application to Amend Certificate of Convenience and Necessity .....3165 Notices of Application for Temporary Waiver of Enforcement of Public Utility Commission Substantive Rule 23.103 for IntraLATA Equal Access Implementation .....3165 Public Notice of Interconnection Agreement.....3166 Texas Department of Transportation Requests for Proposals .....3167 Research and Oversight Council on Workers' Compensation Request for Proposals.....3169