Texas Register
Vol. 22 No. 52
July 15, 1997
Pages 6495-6715

****ATTORNEY GENERAL****
Requests for Opinion.....6503
****TEXAS ETHICS COMMISSION****
Texas Ethics Commission
Advisory Opinion Request.....6505
****EMERGENCY RULES****
Railroad Commission of Texas
Gas Utilities Division
16 TAC sec.7.74.....6507
Texas Lottery Commission
Bingo Regulation and Tax
16 TAC sec.402.568.....6508
****PROPOSED RULES****
General Services Commission
Travel and Transportation Division
1 TAC sec.sec.125.1, 125.3, 125.29.....6509
Texas Department of Agriculture
General Procedures
4 TAC sec.1.401.....6510
Seed Certification Standards
4 TAC sec.10.15.....6511
4 TAC sec.10.21.....6511
Organic Standards and Certification
4 TAC sec.18.2.....6511
Quarantines
4 TAC sec.19.3.....6512
Rose Grading
4 TAC sec.23.2, sec.23.3.....6512
Texas Agricultural Finance Authority: Farm and Ranch Finance Program
4 TAC sec.sec.24.2, 24.3, 24.6, 24.8, 24.9-24.13.....6513
Texas Agricultural Finance Authority: Linked Deposit Program
4 TAC sec.sec.26.1, 26.3, 26.4, 26.6-26.10.....6515
Texas Agricultural Finance Authority: Young Farmer Loan Guarantee Program
4 TAC sec.sec.30.3, 30.5-30.10, 30.12, 30.14.....6517
Texas Animal Health Commission
Tuberculosis
4 TAC sec.43.22.....6519
Texas Department of Commerce
Defense Economic Adjustment Assistance Grant Program
10 TAC sec.sec.174.1-174.11.....6521
Defense Economic Readjustment Zones 
10 TAC sec.sec.175.1-175.9.....6525
Capital Access Program
10 TAC sec.sec.187.1-187.18.....6533
Railroad Commission of Texas
Liquefied Petroleum Gas Division
16 TAC sec.sec.9.2, 9.4, 9.5, 9.6.....6539
16 TAC sec.9.183.....6541
16 TAC sec.9.184.....6543
16 TAC sec.9.251.....6544
16 TAC sec.9.679.....6544
16 TAC 9.801, 9.804, 9.807, 9.810, 9.813, 9.816.....6545
16 TAC sec.9.1764.....6547
Texas Lottery Commission
Bingo Regulation and Tax
16 TAC sec.402.567.....6548
16 TAC sec.402.568.....6548
Board of Vocational Nurse Examiners
Contested Case Procedure
22 TAC sec.239.19.....6549
22 TAC sec.239.20.....6550
Texas State Board of Podiatric Medical Examiners 
Examinations
22 TAC sec.371.3, sec.371.6.....6550
Fees and License Renewal
22 TAC sec.379.1.....6551
Texas Water Development Board
Drinking Water State Revolving Fund
31 TAC sec.371.20, sec.371.21.....6551
Employees Retirement System of Texas
Creditable Service
34 TAC sec.sec.71.3, 71.14, 71.17.....6553
34 TAC sec.71.10.....6554
34 TAC sec.71.25.....6554
Benefits
34 TAC sec.sec.73.13, 73.25, 73.31, 73.35.....6555
34 TAC sec.73.27.....6555
34 TAC sec.73.41.....6556
Hazardous Profession Death Benefits
34 TAC sec.75.1.....6556
Judicial Retirement
34 TAC sec.77.15.....6557
34 TAC sec.77.19.....6558
Texas Department of Human Services
Income Assistance Services
40 TAC sec.3.902.....6559
40 TAC 3.2408.....6559
40 TAC sec.sec.3.7101-3.7105.....6560
Licensed Personal Care Facilities Contracting with the Texas Department of Human 
Services to Provide Residential Care Services 
40 TAC sec.46.2005.....6560
40 TAC sec.sec.46.8001-46.8003.....6561
****WITHDRAWN RULES****
Texas Animal Health Commission
Equine
4 TAC sec.49.2.....6563
Texas Lottery Commission
Bingo Regulation and Tax
16 TAC sec.402.567.....6563
Texas Board of Chiropractic Examiners
Licenses and Renewals
22 TAC sec.73.3.....6563
General Land Office
Exploration and Leasing of Oil and Gas
31 TAC sec.9.1, sec.9.8.....6563
Coastal Area Planning
31 TAC sec.15.3.....6563
Texas Parks and Wildlife Department
Fisheries
31 TAC sec.57.135.....6564
****ADOPTED RULES****
Public Utility Commission of Texas
Practice and Procedure
16 TAC sec.22.71.....6565
Substantive Rules
16 TAC sec.23.31.....6565
16 TAC sec.23.38.....6566
Texas Department of Health
Purchased Health Services
25 TAC sec.29.1126.....6573
Home and Community Support Services Agencies 
25 TAC sec.115.1, sec.115.2.....6586
25 TAC sec.sec.115.4-115.7.....6587
25 TAC sec.115.11, sec.115.12.....6588
25 TAC sec.sec.115.11-115.16.....6588
25 TAC sec.115.21.....6596
25 TAC sec.sec.115.21-115.28.....6596
25 TAC sec.sec.115.51-115.54.....6618
25 TAC sec.115.61, sec.115.62.....6622
25 TAC sec.115.71, sec.115.72.....6623
Texas Department of Insurance
Property and Casualty Insurance
28 TAC sec.5.4001.....6623
28 TAC sec.5.4007, sec.5.4008.....6624
Health Maintenance Organizations
28 TAC sec.11.1804.....6644
Trade Practices
28 TAC sec.21.1006.....6645
Prepaid Legal Service
28 TAC sec.23.1.....6648
****TABLES AND GRAPHICS****
Tables and Graphics.....6651
****OPEN MEETINGS****
State Office of Administrative Hearings
Monday, July 14, 1997, 10:00 a.m......6659
Advisory Board of Athletic Trainers
Tuesday, July 22, 1997, 9:00 a.m......6659
Tuesday, July 22, 1997, 10:30 a.m......6659
Texas Department of Agriculture
Tuesday, July 29, 1997, 1:30 p.m......6660
Wednesday, July 30, 1997, 10:00 a.m......6660
Wednesday, July 30, 1997, 1:30 p.m......6660
Texas Commission on Alcohol and Drug Abuse (TCADA) 
Tuesday, July 15, 1997, 9:00 a.m......6660
Tuesday, July 17, 1997, 11:30 a.m......6660
Texas Animal Health Commission
Monday, July 7, 1997, 2:00 p.m......6660
Texas Commission for the Blind
Wednesday, July 16, 1997, 10:00 a.m......6660
Texas Bond Review Board
Thursday, July 17, 1997, 10:00 a.m......6661
Texas Department of Commerce
Wednesday, July 30, 1997, 10:00 a.m......6661
Comptroller of Public Accounts
Tuesday, July 15, 1997, 9:00 a.m......6661
Credit Union Department
Thursday, July 17, 1997, 2:00 p.m......6661
Friday, July 18, 1997, 10:00 a.m......6662
Texas Department of Criminal Justice
Wednesday, July 16, 1997, 10:00 a.m......6662
Wednesday, July 16, 1997, 1:30 p.m......6662
Wednesday, July 16, 1997, 1:30 p.m......6662
Thursday, July 17, 1997, 8:00 a.m......6663
Thursday, July 17, 1997, 9:00 a.m......6663
Thursday, July 17, 1997, 11:00 a.m......6663
Thursday, July 17, 1997, 12:00 p.m......6663
Thursday, July 17, 1997, 1:00 p.m......6664
Thursday, July 17, 1997, 3:00 p.m......6664
Thursday, July 17, 1997, 4:00 p.m......6664
Thursday, July 17, 1997, 4:30 p.m......6664
Thursday, July 17, 1997, 5:00 p.m......6665
State Board of Dental Examiners
Thursday, July 17, 1997, 2:00 p.m......6665
Thursday, July 17, 1997, 3:00 p.m......6665
Thursday, July 17, 1997, 4:00 p.m......6666
Friday, July 18, 1997, 7:30 a.m......6666
Friday-Saturday, July 18-19, 1997, 8:00 a.m......6666
State Employee Charitable Campaign
Thursday, July 16, 1997, Noon.....6667
Texas Ethics Commission
Friday, July 11, 1997, 9:30 a.m......6667
Texas Commission on Fire Protection
Wednesday-Thursday, July 16-17, 1997, 9:00 a.m......6667
Wednesday-Friday, July 16-18, 1997, 9:00 a.m......6667
Texas Food and Fibers Commission
Wednesday, July 30, 1997, 10:00 a.m......6668
General Land Office
Tuesday, July 15, 1997, 10:00 a.m......6668
Texas Department of Health
Friday, July 11, 1997, 9:30 a.m......6668
Friday, July 25, 1997, 10:00 a.m......6669
Texas Health Care Information Council
Tuesday, July 15, 1997, 8:30 a.m......6669
Texas Higher Education Coordinating Board 
Wednesday, July 16, 1997, 3:30 p.m......6669
Thursday, July 17, 1997, 1:00 p.m......6669
Texas Historical Commission
Thursday, July 24, 1997, 8:30 a.m......6669
Texas HMO Solvency Surveillance Committee 
Friday, July 18, 1997, 9:00 a.m......6670
Texas Department of Insurance
Friday, July 11, 1997, 9:30 a.m......6670
Monday, July 21, 1997, 9:00 a.m......6670
Tuesday, July 22, 1997, 9:00 a.m......6670
Tuesday, July 22, 1997, 9:00 a.m......6670
Board of Law Examiners
Thursday, July 17, 1997, 9:30 a.m......6670
Thursday, July 17, 1997, 3:30 p.m......6671
Boards for Lease of State-owned lands 
Monday, July 14, 1997, 10:00 a.m......6671
Monday, July 15, 1997, 2:00 p.m......6671
Texas Department of Licensing and Regualtion 
Tuesday, July 15, 1997, 1:30 p.m......6671
Thursday, July 17, 1997, 9:00 a.m......6671
Tuesday, July 15, 1997, 9:00 a.m......6672
Wednesday, July 16, 1997, 9:00 a.m......6672
Texas Life, Accident, Health and Hospital Service Insurance Guaranty Association
Tuesday, July 15, 1997, 8:30 a.m......6672
Tuesday, July 15, 1997, 9:00 a.m......6672
Texas Lottery Commission
Friday, July 11, 1997, 9:00 a.m......6672
Texas State Board of Medical Examiners 
Thursday, July 3, 1997, 4:00 p.m......6673
Thursday, July 17, 1997, 12:30 p.m......6673
Texas Natural Resource Conservation Commission 
Thursday, July 10, 1997, 1:30 p.m......6673
Friday, July 11, 1997, 2:00 p.m......6673
Thursday, July 17, 1997, 1:30 p.m......6673
Friday, July 25, 1997, 10:00 a.m......6674
Monday, July 28, 1997, 9:00 a.m......6674
Tuesday, August 5, 1997, 1:30 p.m......6674
Tuesday, August 5, 1997, 4:00 p.m......6674
Board of Nurse Examiners
Thursday, July 24, 1997, 10:00 a.m......6674
Texas Board of Private Investigators and Private Security Agencies 
Wednesday, July 16, 1997, 8:00 a.m......6675
Texas Board of Licensure for Professional Medical Physicists
Wednesday, July 16, 1997, 10:30 a.m......6675
Texas State Board of Examiners of Psychologists 
Wednesday, July 23, 1997, 8:00 a.m......6675
Thursday--Friday, July 24-25, 1997, 8:30 a.m......6675
Texas Public Finance Authority
Wednesday, July 16, 1997, 10:30 a.m......6676
Public Utility Commission of Texas
Monday, July 14, 1997, 10:00 a.m......6676
Monday, July 14, 1997, 1:30 p.m......6676
Wednesday, July 16, 1997, 9:00 a.m......6676
Friday, July 18, 1997, 10:00 a.m......6677
Texas Racing Commission
Thursday, July 10, 1997, 10:00 a.m......6677
Railroad Commission of Texas
Tuesday, July 15, 1997, 9:30 a.m......6677
Railroad Commission of Texas
Tuesday, July 15, 1997, 9:30 a.m......6677
Friday, July 25, 1997, 9:00 a.m......6677
Texas Real Estate Commission
Tuesday, July 15, 1997, 9:30 a.m......6678
Texas Savings and Loan Department
Friday, July 25, 1997, 9:00 a.m......6678
State Securities Board
Wednesday, July 23, 1997, 9:45 a.m......6678
Council on Sex Offender Treatment
Wednesday, July 16, 1997, 1:00 p.m......6678
Wednesday, July 16, 1997, 2:00 p.m......6679
Texas State Soil and Water Conservation Board
Wednesday, July 16, 1997, 8:00 a.m......6679
Teacher Retirement System of Texas
Thursday, July 10, 1997, Noon.....6679
Telecommunications Infrastructure Fund Board
Friday, July 11, 1997, 8:30 a.m......6679
Friday, July 11, 1997, 9:30 a.m......6679
Friday, July 11, 1997, 10:30 a.m......6680
Texas Southern University
Friday, July 11, 1997, 11:30 a.m......6680
Friday, July 11, 1997, 11:00 a.m. (Rescheduled from 8:30 a.m.).....6680
Texas State Technical College System
Wednesday, July 16, 1997, 10:30 a.m......6680
University of Houston
Monday, July 14, 1997, 2:00 p.m......6680
Utilization Review Advisory Committee
Friday, July 25, 1997, 9:00 a.m......6681
Texas On-Site Wastewater Treatment Research Council 
Wednesday, July 16, 1997, 10:00 a.m......6681
Texas Water Development Board
Wednesday, July 16, 1997, 3:00 p.m......6681
Wednesday, July 16, 1997, 4:00 p.m......6681
Texas Workers' Compensation Commission 
Thursday, July 10, 1997, 9:30 a.m......6681
Texas Council on Workforce and Economic Competitiveness 
Wednesday, July 16, 1997, 10:00 a.m......6682
Texas Youth Commission
Wednesday, July 16, 1997, 5:30 p.m......6682
Wednesday, July 16, 1997, 5:30 p.m......6682
Wednesday, July 16, 1997, 6:30 p.m......6683
Wednesday, July 17, 1997, 8:30 a.m......6683
Regional Meetings
****IN ADDITION****
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program.....6689
Office of the Consumer Credit Commissioner 
Notice of Rate Ceiling.....6691
Notice of Rate Ceiling.....6691
Texas Department of Criminal Justice
Request for Proposal - Substance Abuse Treatment Services - Hackberry facility, 
Gatesville, Texas .....6692
Employees Retirement System of Texas 
Contract Award .....6693
Texas Department of Health
Licensing Action for Radioactive Materials.....6693
Notice of Request for Proposal for Maternal and Child Health Services for Brown 
County.....6696
Notice of Request for Proposal for Medical Transportation Services to 
Individuals for Medicaid Medical Services for Non-Ambulance, Ambulatory and Non-
Ambulatory Transportation .....6697
Notice of Request For Proposal for Medical Transportation Services for Up Front 
Funds to Provide Accommodations to Individuals for Medicaid Medical 
Services.....6698
Health and Human Services Commission 
Public Notice.....6698
Texas Department of Human Services
Request for Information-Best Utilization of Finger-Image; EBT and Point-of-Sale 
(POS) Technologies.....6699
Texas Department Of Insurance
Insurer Services.....6699
Notice.....6700
Notice of Application by METROWEST HEALTH PLAN, INC., Fort Worth, Texas for 
Issuance of a Certificate of Authority to Establish and Operate an HMO in the 
State of Texas.....6700
Third Party Administrator Applications .....6700
Texas State Library and Archives Commission 
Quarterly Report of Consultant Contract Reports Received by the Texas State 
Library.....6700
Texas Lottery Commission
Request for Proposals.....6701
Texas Natural Resource Conservation Commission 
Notice of Application for Waste Disposal Permits.....6701
Notice Of Application To Appropriate Public Waters Of The State Of Texas 
.....6702
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions .....6704
North Central Texas Council of Governments 
Request for Proposal.....6705
Texas State Board of Pharmacy
Board Forum.....6705
Public Utility Commission Of Texas
Notices of Application for Service Provider Certificate of Operating Authority 
.....6705
Notices of Application to Amend Certificate of Convenience and Necessity 
.....6706
Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 
23.27.....6706
Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 
23.28 .....6707
Texas Department of Protective and Regulatory Services
Request for Proposal-Services Contracts for Services to At-Risk Youth Programs 
.....6707
Railroad Commission of Texas
Second Notice of Waiver Application.....6707
Stephen F. Austin State University
Notice of Availability of Consulting Services Contract.....6708
Texas Department of Transportation
Request for Bid.....6709
Request for Proposals.....6709
Texas Water Development Board
Notice of Hearing.....6709
Texas Workers' Compensation Commission 
Standards and Procedures For the Medical Advisory Committee.....6710
Texas Workforce Commission 
Requests for Proposals .....6712