Texas Register Vol. 22 No. 69 September 26, 1997 Pages 9569-9772 ****ATTORNEY GENERAL**** Request for Opinions.....9577 ****SECRETARY OF STATE**** Election Law Opinion.....9579 ****EMERGENCY RULES**** Texas Higher Education Coordinating Board Student Services 19 TAC sec.21.509.....9581 19 TAC sec.21.1055, sec.21.1057.....9581 Grant and Scholarship Programs 19 TAC sec.22.103, sec.22.104.....9582 19 TAC sec.sec.22.123, 22.124, 22.125.....9583 19 TAC sec.22.163.....9584 ****PROPOSED RULES**** Texas Department of Banking Prepaid Funeral Contracts 7 TAC sec.25.23.....9585 7 TAC sec.25.51, sec.25.54.....9586 Texas Higher Education Coordinating Board Student Services 19 TAC sec.21.509.....9587 19 TAC sec.21.1055, sec.21.1057.....9587 Grant and Scholarship Programs 19 TAC sec.22.103, sec.22.104.....9588 19 TAC sec.sec.22.123, 22.124, 22.125.....9588 19 TAC sec.22.163.....9589 State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments Fitting and Dispensing of Hearing Instruments 22 TAC sec.141.16.....9589 Texas State Board of Medical Examiners Physician Assistants 22 TAC sec.sec.185.2, 185.4, 185.6, 185.19, 185.20-185.23, 185.25.....9590 22 TAC sec.185.21.....9593 Texas State Board of Public Accountancy Professional Conduct 22 TAC sec.501.40.....9594 22 TAC sec.501.43.....9594 Fee Schedule 22 TAC sec.521.1.....9595 Texas Department of Health Communicable Diseases 25 TAC sec.sec.97.1-97.5.....9595 25 TAC sec.97.63.....9598 25 TAC sec.sec.97.171, 97.173, 97.177, 97.178, 97.190, 97.191.....9598 Occupational Conditions [Diseases] Reporting 25 TAC sec.99.1.....9600 Permits for Contact Lens Dispensers 25 TAC sec.sec.128.1-128.9.....9602 Medical Radiologic Technologists 25 TAC sec.143.19.....9605 Radiation Control 25 TAC sec.289.123.....9607 25 TAC sec.289.260.....9607 Radiation Control 25 TAC sec.289.126.....9622 25 TAC sec.289.204.....9623 Texas Department of Mental Health Mental Retardation Standards and Quality Assurance 25 TAC sec.sec.408.101-408.106.....9625 Interagency Council on Early Childhood Intervention Early Childhood Intervention 25 TAC sec.621.23.....9626 Texas Workers' Compensation Commission Practice and Procedures 28 TAC sec.102.2.....9626 Fees 28 TAC sec.108.1.....9627 Self-Insurance 28 TAC sec.114.4.....9628 Education and Training of Ombudsman 28 TAC sec.125.1, sec.125.2.....9629 General Provisions Applicable to All Benefits 28 TAC sec.126.11.....9630 Income Benefits - Temporary Income Benefits 28 TAC sec.129.3.....9633 General Medical Provisions 28 TAC sec.133.103.....9634 Dispute Resolution - Agreements, Settlements, Commutations 28 TAC sec.147.11.....9635 Accident Prevention Services 28 TAC sec.166.1.....9637 General Land Office Rules of Practice and Procedures 31 TAC sec.sec.2.1-2.28.....9638 Comptroller of Public Accounts Property Tax Administration 34 TAC sec.9.4026, sec.9.4028.....9645 34 TAC sec.9.4035.....9646 Texas Commission on Alcohol and Drug Abuse Faith Based Chemical Depdency Programs 40 TAC sec.sec.145.11, 145.21-145.25.....9647 Approved Drug and Alcohol Driving Awareness Programs 40 TAC sec.sec.146.1-146.9.....9648 40 TAC sec.sec.146.25-146.36.....9649 Facility Licensure 40 TAC sec.148.2.....9650 40 TAC sec.148.61.....9650 Texas Commission for the Blind Criss Cole Rehabilitation Center 40 TAC sec.sec.162.1-162.5.....9651 40 TAC sec.sec.162.1-162.3.....9651 40 TAC sec.sec.162.10-162.22.....9652 ****ADOPTED RULES**** Texas Department of Agriculture Seed Certification Standards 4 TAC sec.10.15.....9657 4 TAC sec.10.21.....9657 Railroad Commission of Texas Liquefied Petroleum Gas Division 16 TAC sec.9.183.....9659 16 TAC sec.sec.9.801, 9.804, 9.807, 9.810, 9.813, 9.816.....9659 16 TAC sec.9.251.....9659 16 TAC sec.9.184.....9659 16 TAC sec.9.679.....9660 16 TAC sec.9.1764.....9660 Public Utility Commission of Texas Substantive Rule 16 TAC sec.23.97, sec.23.106.....9660 Texas State Board of Examiners of Psychologists Fees 22 TAC sec.473.3.....9672 Texas Department of Health Texas Board of Health 25 TAC sec.sec.1.6, 1.7.....9672 Medicaid Managed Care 25 TAC sec.sec.30.22, 30.23.....9673 Communicable Diseases 25 TAC sec.sec.97140-97.143.....9677 Texas Department of Insurance Trade Practices 28 TAC sec.21.113.....9677 Texas Workers' Compensation Commission Required Notices of Coverage 28 TAC sec.110.108.....9678 Claimants 28 TAC sec.122.3, sec.122.4.....9682 Texas Parks and Wildlife Department Wildlife 31 TAC sec.sec.65.42, 65.62, 65.64.....9687 31 TAC sec.sec.65.317, 65.320.....9688 31 TAC sec.sec.65.317, 65.318, 65.320.....9688 Texas Commission on Alcohol and Drug Abuse Facility Licensure 40 TAC sec.sec.148.111, 148.113-148.117.....9690 40 TAC sec.sec.148.211-148.214.....9691 40 TAC sec.sec.148.281-148.283.....9693 40 TAC sec.148.291.....9694 40 TAC sec.sec.148.301, 148.303, 148.304.....9695 Texas Workforce Commission Skills Development Fund 40 TAC sec.803.1.....9697 40 TAC sec.sec.803.1-803.3.....9697 40 TAC sec.sec.803.31-803.35.....9698 40 TAC sec.sec.803.31-803.35.....9699 ****EXEMPT FILINGS**** Texas Department of Insurance PROPOSED ACTION.....9701 ****TABLES AND GRAPHICS**** Tables and Graphics.....9703 ****OPEN MEETINGS**** State Office of Administrative Hearings Monday, September 29, 1997, 1:00 p.m......9725 Texas Department on Aging Wednesday, October 8, 1997, 10:00 a.m......9725 Thursday, October 9, 1997, 10:00 a.m......9725 Texas Department of Agriculture Tuesday, September 30, 1997, 10:00 a.m......9725 Texas Agricultural Experiment Station Tuesday, September 30, 1997, 10:00 a.m......9726 Texas Alcoholic Beverage Commission Friday, September 26, 1997, 1:30 p.m......9726 Texas Council on Alzheimer's Disease and Related Disorders Wednesday, September 24, 1997, 10:00 a.m......9726 Texas School for the Blind and Visually Impaired Friday, September 26, 1997, 8:15 a.m......9726 Friday, September 26, 1997, 9:00 a.m......9727 Friday, September 26, 1997, 9:00 a.m......9727 Friday, September 26, 1997, 9:00 a.m......9727 Friday, September 26, 1997, 10:00 a.m......9728 Texas Commission for the Deaf and Hard of Hearing Friday, September 26, 1997, 9:00 a.m......9728 Employee Retirement System of Texas Wednesday, September 24, 1997, 10:00 a.m......9728 Texas Funeral Service Commission Tuesday, Wednesday, September 16-17, 1997, 1:00 p.m......9729 Texas Department of Health Monday, September 29, 1997, 9:30 a.m......9729 Texas Health Care Information Council Tuesday, September 30, 1997, 8:00 a.m......9729 Tuesday, September 30, 1997, 8:00 a.m......9729 Tuesday, September 30, 1997, 8:00 a.m......9730 Tuesday, September 30, 1997, 9:00 a.m......9730 Thursday, October 9, 1997, 9:00 a.m......9730 Texas Health Insurance Risk Pool Friday, September 26, 1997, 9:30 a.m. .....9730 Texas Health Reinsurance System Tuesday, September 30, 1997, 9:00 a.m......9730 Texas Higher Education Coordinating Board Monday, September 29, 1997, 1:00 p.m......9731 Texas Historical Commission Friday, September 26, 1997, 10:30 a.m......9731 State Independent Living Council Thursday-Friday, October 2-3, 1997, 6:00 p.m. and 8:00 a.m. respectively .....9731 Texas Department of Insurance Monday, October 13, 1997, 9:00 a.m. .....9731 Wednesday, October 15, 1997, 1:00 p.m......9731 Thursday, October 16, 1997, 9:00 a.m......9732 Tuesday, October 21, 1997, 1:00 p.m......9732 Wednesday, October 22, 1997, 9:00 a.m......9732 General Land Office Wednesday, September 24, 1997, 3:00 p.m......9732 Texas Department of Licensing and Regulation Thursday, September 25, 1997, 9:30 a.m......9732 Monday, September 29, 1997, 1:30 p.m......9733 Tuesday, September 30, 1997, 10:30 a.m., rescheduled from Friday, August 8, 1997.....9733 Wednesday, October 1, 1997, 9:00 a.m......9733 Wednesday, October 1, 1997, 1:00 p.m......9733 Texas Mental Health and Mental Retardation Board Wednesday, September 24, 1997, 9:30 a.m......9734 Wednesday, September 24, 1997, 10:00 a.m......9734 Wednesday, September 24, 1997, 1:00 p.m......9735 Wednesday, September 24, 1997,, 1:30 p.m......9735 Thursday, September 25, 1997, 9:00 a.m......9735 Thursday, September 25, 1997 — 10:30 a.m......9735 Texas Military Facilities Commission Saturday, October 4, 1997- Personnel Committee — 9:00 a.m., Full Commission, 1:00 p.m......9736 Texas Natural Resource Conservation Commission Wednesday, October 1, 1997, 9:30 a.m. and 1:00 p.m......9736 Wednesday, October 1, 1997, 9:30 a.m......9736 Tuesday, October 7, 1997, 10:00 a.m......9736 Thursday, October 23, 1997, 10:00 a.m......9736 Thursday, October 23, 1997, 6:30 p.m......9737 Texas Council on Offenders with Mental Impairments Monday, October 6, 1997, 9:30 a.m......9737 Monday, October 6, 1997, 1:30 p.m......9737 Texas Board of Pardons and Paroles Tuesday, September 23, 1997, 8:00 a.m......9737 Texas Board of Private Investigators and Private Security Agencies Monday, September 29, 1997, 8:30 a.m......9738 Texas Department of Protective and Regulatory Services Friday, September 26, 1997, 9:30 a.m......9738 Texas Public Finance Authority Wednesday, September 24, 1997, 10:30 a.m......9738 Public Utility Commission of Texas Tuesday, September 23, 1997, 9:00 a.m......9739 Wednesday, September 24, 1997, 9:30 a.m......9739 Wednesday, September 24, 1997, 1:00 p.m......9739 Friday, September 26, 1997, 9:30 a.m......9740 Railroad Commission of Texas Tuesday, September 30, 1997, 9:30 a.m. .....9740 Structural Pest Control Board Friday, September 26, 1997, 2:00 p.m......9740 Teacher Retirement System of Texas Thursday, September 25, 1997, 8:30 a.m......9740 Thursday, September 25, 1997, 10:30 a.m......9740 Thursday, September 25, 1997, 11:30 a.m......9741 Thursday, September 25, 1997, 1:30 p.m......9741 Friday, September 26, 1997, 8:00 a.m......9741 Friday, September 26, 1997, 8:00 a.m......9741 Friday, September 26, 1997, 9:00 a.m......9742 Texas A&M University System, Board of Regents Friday, September 19, 1997 at 1:00 p.m......9742 Wednesday, September 24, 1997 at 1:00 p.m......9742 Thursday, September 25, 1997, 8:30 a.m., Reconvene September 26, 1997, 11:15 or upon adjournment of meeting of Campus Art Committee.....9743 Thursday, September 25, 1997, 9:30 a.m., (or upon recess of the Board Meeting) .....9743 Thursday, September 25, 1997, 10:30 a.m., (or upon recess or adjournment of Committee on Audit).....9743 Friday, September 26, 1997, 8:30 a.m......9743 Friday, September 26, 1997, 9:30 a.m. (or upon adjournment of the Committee on Finance Meeting).....9743 Friday, September 26, 1997, 11:00 a.m. (or upon adjournment or recess of Committee on Buildings and Physical Plant).....9744 Texas Southern University Thursday, October 2, 1997, 10:00 a.m......9744 Thursday, October 2, 1997, 11:15 a.m......9744 Thursday, October 2, 1997, 11:45 a.m......9744 Thursday, October 2, 1997, 12:15 p.m......9744 Thursday, October 2, 1997, 1:15 p.m......9744 Friday, October 3, 1997, 8:30 a.m......9744 Texas State Technical College System Monday, September 22, 1997 at 10:00 a.m......9745 Texas Department of Transportation Thursday, September 25, 1997, 9:00 a.m......9745 University of Texas Health Science Center at San Antonio Wednesday, September 24, 1997, 3:00 p.m......9745 University of Texas Health Center at Tyler Thursday, October 2, 1997, Noon......9745 University of Texas System Thursday, September 25, 1997, 2:00 p.m......9745 Texas Board of Veterinary Medical Examiners Thursday-Friday, October 2-3, 1997, 8:30 a.m......9746 Texas Workers' Compensation Commission Friday, September 19, 1997, 11:30 a.m......9746 Texas Workforce Commission Wednesday, September 24, 1997, 9:00 a.m......9746 Thursday, September 25, 1997, 9:00 a.m......9746 Regional Meetings ****IN ADDITION**** Texas Commission on Alcohol and Drug Abuse Notice of Public Hearings.....9751 Summary of Public Comments.....9751 Office of the Attorney General Texas Solid Waste Disposal Act Enforcement Settlement Notice.....9753 Texas Water Code and Texas Health and Safety Code Enforcement Settlement Notice.....9753 Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program .....9753 Office of the Consumer Credit Commissioner Notice of Rate Ceiling.....9755 Texas Credit Union Department Application to Amend Articles of Incorporation.....9755 Texas Education Agency Notice of Consultant Contract Award.....9756 Governor's Office of Budget and Planning Request for Proposals for the FY 1999 State of Texas Federal and State Cost Allocation Plans .....9756 Texas Department of Health Corrections of Error.....9756 Health and Human Services Commission Public Notice.....9757 Texas Department of Human Services Public Notice-Announcement of Availability of Funds of Intent to Contract for Provision of Non-residential Services to Victims of Family Violence.....9757 Texas Department of Insurance Notice .....9757 Notice of Public Hearing.....9757 Third Party Administrator Applications.....9758 Texas Department of Mental Health and Mental Retardation Notice of Request for Information (RFI).....9759 Texas Natural Resource Conservation Commission Applications for Waste Disposal/Discharge Permits.....9759 Notice of Availability .....9760 Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions .....9760 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions .....9762 Provisionally-Issued Temporary Permits to Appropriate State Water .....9763 Permian Basin Regional Planning Commission Request for Proposal.....9763 Texas Department of Protective and Regulatory Services Notice of Intent to Contract.....9764 Public Utility Commission of Texas Notice of Application for Amendment to Service Provider Certificate of Operating Authority .....9764 Notice of Application for Service Provider Certificate of Operating Authority .....9764 Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.27 .....9765 Public Notices of Interconnection Agreement .....9765 Notice of Application for Service Provider Certificate of Operating Authority .....9768 The Texas A&M University System - Board of Regents Request for Information (RFI) .....9769 Texas Department of Transportation Notice of Award.....9770 Request for Qualifications.....9770 Texas Workers' Compensation Commission Invitation to Applicants for Appointment to the Medical Advisory Committee .....9771