Texas Register
Vol. 22 No. 78
November 28, 1997
Pages 11603-11863

****ATTORNEY GENERAL****
Requests for Opinion.....11613
****EMERGENCY RULES****
Texas Department of Agriculture
Cotton Pest Control
4 TAC sec.20.22....11615
****PROPOSED RULES****
Texas Animal Health Commission
Equine
4 TAC sec.49.1....11617
Interstate Shows and Fairs
4 TAC sec.51.1....11618
4 TAC sec.51.2....11618
State Securities Board
Transactions Exempt from Registration
7 TAC sec.109.3....11619
Federal Covered Securities
7 TAC sec.114.1, sec.114.3....11619
Texas Department of Housing and Community Affairs 
Administration
10 TAC sec.1.4....11620
Texas Education Agency
State Adoption and Distribution of Instructional Materials
19 TAC sec.66.28....11621
Budgeting, Accounting, and Auditing
19 TAC sec.109.41....11622
School District Personnel
19 TAC sec.153.1021....11623
Teachers' Professional Practices Commission 
Standards, Ethics, and Practices
19 TAC sec.177.1....11628
State Board for Educator Certification
Accountability System for Educator Preparation 
19 TAC sec.sec.229.1-229.5....11629
Professional Educator Preparation and Certification 
19 TAC sec.230.610, sec.230.611....11632
19 TAC sec.230.901....11632
General Requirements Applicable to All Certificates Issued
19 TAC sec.sec.232.500, 232.510, 232.520....11633
19 TAC sec.sec.232.800, 232.810, 232.820, 232.830, 232.840, 232.850, 232.860, 
232.870, 232.880, 232.890....11633
Texas Department of Mental Health and Mental Retardation 
Client (Patient) Care
25 TAC sec.sec.405.108, 405.112, 405.117....11636
Texas Workers' Compensation Commission
Extra Hazardous Employer Program
28 TAC sec.sec.164.1-164.8, 164.10-164.12, 164.14-164.17....11638
Texas Juvenile Probation Commission
Texas Juvenile Probation Standards
37 TAC sec.341.4....11645
Standards for Housing Non-Texas Juveniles in Texas Correctional Facilities
37 TAC sec.sec.342.1-342.5....11645
Standards for Juvenile Pre-Adjudication Secure Detention Facility
37 TAC sec.343.1....11646
37 TAC sec.343.19....11647
Standards for Juvenile Post-Adjudication Secure Correctional Facilities
37 TAC sec.344.1....11647
37 TAC sec.344.18....11648
****WITHDRAWN RULES****
State Board for Educator Certification
Professional Educator Preparation and Certification 
19 TAC sec.230.414....11649
Educators' Code of Ethics
19 TAC sec.247.1, sec.247.2....11649
Disciplinary Proceedings and Sanctions 
19 TAC sec.sec.249.1-249.8....11649
19 TAC sec.sec.249.20-249.24....11649
19 TAC sec.sec.249.30-249.48....11649
19 TAC sec.sec.249.60-249.68....11650
19 TAC sec.sec.249.80-249.85....11650
Texas Workers' Compensation Commission
Extra-Hazardous Employer Program
28 TAC sec.sec.164.3, 164.4, 164.7, 164.8, 164.10....11650
****ADOPTED RULES****
General Services Commission
Executive Administration Division
1 TAC sec.sec.111.21, 111.23....11651
1 TAC sec.111.63, sec.111.67....11651
Central Purchasing Division
1 TAC 113.1, 113.4, 113.8, 113.10, 113.19....11652
1 TAC sec.113.100, sec.113.102....11652
1 TAC sec.113.125....11652
Texas Department of Agriculture
Pesticides
4 TAC sec.sec.7.1-7.31....11653
4 TAC sec.sec.7.1-7.3....11653
4 TAC sec.sec.7.10-7.14....11654
4 TAC sec.sec.7.20-7.26....11654
4 TAC sec.sec.7.30-7.40....11659
4 TAC sec.sec.7.50-7.53....11661
4 TAC sec.sec.7.60-7.62....11665
Herbicide Regulations
4 TAC sec.sec.11.1-11.11....11666
State Securities Board
Registration of Securities
7 TAC sec.sec.113.4, 113.11, 113.12....11666
Dealers and Salesmen
7 TAC sec.115.1, sec.115.3....11666
Guielines for Registration of Periodic Payment Plans
7 TAC sec.sec.124.1-124.6....11667
Forms
7 TAC sec.133.33....11668
Exemptions by Rule or Order
7 TAC sec.139.18....11668
7 TAC sec.139.19....11668
Texas Higher Education Coordinating Board
Program Development
19 TAC sec.5.9....11670
Texas Education Agency
Statement of Investment Objectives, Policies, and Guidelines of the Texas 
Permanent School Fund
19 TAC sec.33.45....11671
Foundation School Program
19 TAC sec.105.1001....11671
State Board of Dental Examiners
Dental Licensure
22 TAC sec.101.1....11672
22 TAC sec.101.5....11673
22 TAC sec.101.7....11674
Fees
22 TAC sec.102.2....11674
Dental Hygiene Licensure
22 TAC sec.103.1....11674
22 TAC sec.103.2....11675
22 TAC sec.103.3....11676
22 TAC sec.103.11....11677
Dental Board Procedures
22 TAC sec.107.300....11677
Conduct
22 TAC sec.109.201....11678
22 TAC sec.109.300....11678
Extension of Duties of Auxiliary Personnel Dental Assistants
22 TAC sec.114.1....11679
Dental Laboratories
22 TAC sec.116.3....11679
Faculty-Students in Accredited Dental Schools 
22 TAC sec.117.1....11680
Texas Real Estate Commission
Provisions of the Real Estate License Act
22 TAC sec.535.212....11680
22 TAC sec.sec.535.400-535.402....11680
Texas Department of Insurance
Health Maintenance Organizations
28 TAC sec.11.305....11682
28 TAC sec.11.901....11683
28 TAC sec.11.1103....11683
28 TAC sec.sec.11.1500-11.1502....11683
28 TAC sec.sec.11.1600-11.1603....11683
Health Maintenance Organizations
28 TAC sec.11.1, sec.11.2....11686
28 TAC sec.sec.11.203-11.206....11687
28 TAC sec.sec.11.301, 11.303, 11.304, 11.306....11688
28 TAC sec.11.1102....11689
28 TAC sec.11.1604, sec.11.1606....11689
28 TAC sec.sec.11.1901-11.1903....11690
28 TAC sec.sec.11.2001-11.2006....11690
Texas Workers' Compensation Commission
Practice and Procedure
28 TAC sec.102.2....11691
Fees.
28 TAC sec.108.1....11692
Self-Insurance
28 TAC sec.114.4....11692
Education and Training of Ombudsman
28 TAC sec.125.1, sec.125.2....11693
General Provisions Applicable to all Benefits 
28 TAC sec.126.5, sec.126.6....11693
Income Benefits — Temporary Income Benefits 
28 TAC sec.129.3....11699
General Medical Provisions
28 TAC sec.133.103....11699
Guidelines for Medical Services, Charges, and Payments
28 TAC sec.134.1003....11700
Dispute Resolution-Agreements, Settlements, Commutations 
28 TAC sec.147.11....11714
Accident Prevention Services
28 TAC sec.166.1....11715
Comptroller of Public Accounts
Prepaid Higher Education Tuition Program
34 TAC sec.7.2, sec.7.3....11716
34 TAC sec.7.11....11716
34 TAC sec.7.43....11717
34 TAC sec.sec.7.51-7.54....11717
34 TAC sec.sec.7.61-7.63....11717
34 TAC sec.7.71, sec.7.72....11717
34 TAC sec.7.81....11717
Employees Retirement System
Deferred Compensation
34 TAC sec.87.17, sec.87.19....11718
Fire Fighter's Pension Commission
Rules of the Texas Statewide Emergency Services Retirement Fund
34 TAC sec.301.3....11718
Texas Department of Public Safety
License to Carry Concealed Handgun
37 TAC sec.6.21....11719
Texas Commission for the Deaf and Hard of Hearing 
Board for Evaluation of Interpreters and Interpreter Certification
40 TAC sec.183.157....11719
****EXEMPT FILINGS****
PROPOSED ACTION....11721
PROPOSED ACTION....11722
PROPOSED ACTION....11722
****TABLES AND GRAPHICS****
Tables and Graphics....11725
****OPEN MEETINGS****
State Office of Administrative Hearings
Monday, November 24, 1997, 10:00 a.m.....11789
Tuesday, November 25, 1997, 9:00 a.m.....11789
Thursday, January 15, 1998, 9:30 a.m.....11789
Wednesday, February 11, 1998, 9:30 a.m.....11789
Texas Aerospace Commission
Monday, December 1, 1997, 9:30 a.m.....11789
Texas Department on Aging
Monday, December 1, 1997, 10:00 a.m.....11790
Wednesday, December 3, 1997, 2:00 p.m.....11790
Wednesday, December 3, 1997, 2:00 p.m.....11790
Wednesday, December 3, 1997, 2:00 p.m.....11790
Thursday, December 4, 1997, 9:00 a.m.....11790
Texas Alcoholic Beverage Commission
Monday, November 24, 1997, 1:30 p.m.....11791
Texas Commission on Alcohol and Drug Abuse (TCADA)
Wednesday, December 10, 1997, 9:30 a.m.....11791
Texas Commission on the Arts
Thursday, December 4, 1997, 11:00 a.m.....11791
Thursday, December 4, 1997, 11:00 a.m.....11791
Friday, December 5, 1997, 8:30 a.m.....11792
Texas Bond Review Board
Thursday, November 20, 1997, 10:00 a.m.....11792
State Cemetery Committee
Tuesday, December 2, 1997, 10:00 a.m.....11792
Texas Association of Counties
Monday, November 24, 1997, 4:00 p.m.....11793
Tuesday, November 25, 1997, 9:00 a.m.....11793
Thursday, December 4, 1997, 3:00 p.m.....11793
Thursday, December 4, 1997, 3:00 p.m.....11794
Texas Department of Criminal Justice 
Thursday, November 20, 1997, 8:00 a.m.....11794
Thursday, November 20, 1997, 9:00 a.m.....11794
Thursday, November 20, 1997, 10:00 a.m.....11794
Thursday, November 20, 1997, 11:00 a.m.....11794
Thursday, November 20, 1997, 1:00 p.m.....11795
Thursday, November 20, 1997, 2:00 p.m.....11795
Thursday, November 20, 1997, 3:30 p.m.....11795
Thursday, November 20, 1997, 4:00 p.m.....11795
Friday, November 21, 1997, 9:00 a.m.....11796
Friday, November 21, 1997, 9:00 a.m.....11796
Texas Commission for the Deaf and Hard of Hearing
Friday, November 21, 1997, 10:30 a.m.....11796
State Board of Dental Examiners
Saturday, December 6, 1997, 10:30 a.m.....11797
Texas Planning Council for Developmental Disabilities
Thursday-Friday, December 4-5, 1997, 10:00 a.m. and 1:30 p.m. 
respectively....11797
Texas Department of Economic Development 
Tuesday, November 25, 1997, 10:00 a.m.....11797
Texas Education Agency (TEA)
Wednesday, December 3, 1997, 10:00 a.m.....11798
Fire Fighters' Pension Commission
Thursday-Friday, December 4-5, 1997, 10:00 a.m. and 9:00 a.m. 
respectively....11798
General Services Commission
Tuesday, November 25, 1997, 9:30 a.m.....11798
Office of the Governor
Wednesday, December 3, 1997, 10:00 a.m.....11799
Texas Guaranteed Student Loan Corporation 
Thursday-Friday, November 20-21, 1997, 12:45 p.m. and 9:00 a.m. 
respectively....11799
Texas Department of Health
Thursday, November 20, 1997, 11:30 a.m.....11799
Thursday, November 20, 1997, 1:00 p.m.....11799
Thursday, November 20, 1997, 2:30 p.m.....11799
Thursday, November 20, 1997, 4:00 p.m.....11800
Friday, November 21, 1997, 8:30 a.m.....11800
Friday, November 21, 1997, 9:30 a.m.....11800
Friday, November 21, 1997, 11:30 a.m.....11800
Friday, November 21, 1997, 1:30 p.m.....11801
Friday, December 5, 1997, 1:00 p.m.....11801
Texas Health Care Information Council 
Monday, December 1, 1997, 4:00 p.m.....11801
Tuesday, December 2, 1997, 8:00 a.m.....11802
Tuesday, December 2, 1997, 8:00 a.m.....11802
Tuesday, December 2, 1997, 9:00 a.m.....11802
Texas Health Insurance Risk Pool (“Health Pool”)
Friday, November 21, 1997, Meeting times to follow:....11802
Texas Healthy Kids Corporation (“THKC”) 
Monday, November 24, 1997, 9:30 a.m.....11803
Texas Higher Education Coordinating Board 
Wednesday, December 3, 1997, 2:30 p.m.....11803
Thursday, December 4, 1997, 2:00 p.m.....11803
Monday, December 8, 1997, 9:30 a.m.....11803
Texas House of Representatives
Tuesday, November 18, 1997, 2:00 p.m.....11804
Texas Department of Human Services (TDHS) 
Friday, November 21, 1997, 10:00 a.m.....11804
Commission on Jail Standards
Thursday, December 4, 1997, 8:30 a.m.....11804
Thursday, December 4, 1997, 9:00 a.m.....11804
Texas Juvenile Probation Commission
Friday, November 21, 1997, 8:00 a.m.....11804
Friday, November 21, 1997, 8:30 a.m.....11805
Friday, November 21, 1997, 9:00 a.m.....11805
Friday, November 21, 1997, 9:15 a.m.....11805
Friday, November 21, 1997, 10:30 a.m.....11805
Texas Commission on Law Enforcement Officer Standards and Education
Thursday, December 4, 1997, 1:30 p.m.....11805
Friday, December 5, 1997, 9:30 a.m.....11806
Texas Department of Licensing and Regulation 
Tuesday, November 25, 1997, 9:00 a.m.....11806
Tuesday, November 25, 1997, 11:00 a.m.....11806
Texas State Board of Medical Examiners 
Thursday, Saturday, November 20 and 22, 1997, 10:30 and 8:30 a.m. 
respectively.....11806
Thursday, November 20, 1997, 11:00 a.m.....11806
Thursday, November 20, 1997, 11:00 a.m.....11807
Thursday, November 20, 1997, 1:00 p.m.....11807
Thursday, November 20, 1997, 1:00 p.m.....11807
Friday, November 21, 1997, 8:30 a.m.....11808
Friday, November 21, 1997, 9:00 a.m.....11808
Friday, November 21, 1997, 9:30 a.m.....11808
Friday, November 21, 1997, 10:30 a.m.....11808
Friday, November 21, 1997, 11:00 a.m.....11809
Friday, November 21, 1997, 11:30 a.m.....11809
Friday, November 21, 1997, 1:00 p.m.....11809
Friday, November 21, 1997, 1:00 p.m.....11809
Friday, November 21, 1997, 2:00 p.m.....11810
Friday, November 21, 1997, 2:30 p.m.....11810
Friday, November 21, 1997, 3:30 p.m.....11810
Friday, November 21, 1997, 4:00 p.m.....11810
Friday, November 21, 1997, 4:30 p.m.....11810
Texas Mental Health and Mental Retardation Board
Friday, November 21, 1997, 9:30 a.m.....11811
Texas Natural Resource Conservation Commission 
Monday, November 24, 1997, 9:00 a.m.....11811
Wednesday, January 21, 1997, 9:30 a.m.....11811
Wednesday, February 4, 1997, 9:30 a.m.....11811
Texas Pension Review Board
Wednesday, December 3, 1997, 1:30 p.m.....11812
Polygraph Examiners Board
Wednesday-Thursday, December 3-4, 1997, 9:00 a.m., Rescheduled from November 18, 
1997....11812
Texas State Board of Examiners of Psychologists 
Wednesday, December 10, 1997, 8:30 a.m.....11812
Public Utility Commission of Texas
Monday, November 24, 1997, 1:30 p.m.....11812
Texas Council on Purchasing from People with Disabilities
Monday, December 8, 1997, 10:00 a.m.....11813
Railroad Commission of Texas
Friday, November 21, 1997, 8:30 a.m.....11813
Tuesday, November 25, 1997, 9:15 a.m.....11813
Tuesday, November 25, 1997, 9:30 a.m.....11813
Tuesday, November 25, 1997, 9:30 a.m.....11813
Records Management Interagency Coordinating Council
Wednesday, December 3, 1997, 10:00 a.m.....11814
Texas Rehabilitation Commission
Thursday, December 11, 1997, 9:30 a.m.....11814
Friday, December 12, 1997, 9:30 a.m.....11814
Texas County and District Retirement System
Wednesday, December 3, 1997, 1:00 p.m.....11814
Thursday, December 4, 1997, 8:00 a.m.....11815
Texas Senate
Monday, December 8, 1997, 9:30 a.m.....11815
Texas State Soil and Water Conservation Board
Wednesday, November 19, 1997, 8:00 a.m.....11815
Teacher Retirement System of Texas
Friday, November 21, 1997, 8:00 a.m.....11815
Friday, November 21, 1997, 8:00 a.m.....11815
Friday, November 21, 1997, 9:30 a.m.....11816
Texas A&M University System, Board of Regents
Thursday, November 20, 1997, 10:45 a.m.....11816
Texas State Technical College System 
Thursday, November 20, 1997, 8:45 a.m.....11816
Thursday, November 20, 1997, 8:55 a.m.....11816
Friday, November 21, 1997, 8:45 a.m.....11817
Friday, November 21, 1997, 8:55 a.m.....11817
Saturday, November 22, 1997, 8:00 a.m.....11817
Saturday, November 22, 1997, 8:05 a.m.....11817
Texas Woman's University
Thursday, November 20, 1997, 12:00 p.m.....11817
Thursday, November 20, 1997, 12:00 p.m., rescheduled from 12:00 p.m.....11817
Texas Department of Transportation
Thursday, November 20, 1997, 9:00 a.m.....11817
Thursday, November 20, 1997, 9:00 a.m.....11818
Friday, December 5, 1997, 9:00 a.m.....11818
University of Houston System
Tuesday, November 25, 1997, 8:00 a.m.....11818
University of Texas M.D. Anderson Cancer Center
Tuesday, November 18, 1997, 9:00 a.m.....11818
The University of Texas at Austin
Tuesday, November 25, 1997, 1:00 p.m.....11818
Texas Board of Veterinary Medical Examiners 
Monday, December 8, 1997, 1:00 p.m., possibly December 9, 1997 — 8:00 
a.m.....11818
Tuesday, December 9, 1997, 10:00 a.m.....11819
Board of Vocational Nurse Examiners
Monday-Tuesday, December 8-9, 1997, 9:00 a.m.....11819
Texas Workers' Compensation Commission 
Friday, November 21, 1997, 9:30 a.m.....11819
Texas Workforce Commission
Thursday, November 20, 1997, 8:00 a.m.....11819
Monday, November 24, 1997, 9:00 a.m.....11819
Monday, November 24, 1997, 11:00 a.m.....11820
Regional Meetings
****IN ADDITION****
Texas Commission on Alcohol and Drug Abuse
Notice of Intent to Fund....11825
Ark-Tex Council of Governments
Request for Proposal for Legal Assistance Services....11826
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program....11826
Comptroller of Public Accounts
Notices of Request for Proposals....11828
Office of Consumer Credit Commissioner 
Award of Outside Counsel Contract....11829
Notice of Rate Ceilings....11829
Texas Court Reporters Certification Board 
Certification of Court Reporters....11829
Texas Credit Union Department
Application(s) for a Merger or Consolidation....11829
Application(s) to Amend Articles of Incorporation....11830
Application(s) to Expand Field of Membership....11830
Texas Department of Criminal Justice 
Request for Offer....11830
Edwards Aquifer Authority
Notice of Public Hearings....11831
General Land Office
Agency Rule Review and Notice of Intent to Review....11831
Office of the Governor
Corrections of Error....11831
Texas Department of Health
Corrections of Error....11831
Designation of Site Serving Medically Underserved Populations....11832
Public Hearing on the Ryan White Comprehensive Acquired Immunodeficiency 
Syndrome (AIDS) Resource Emergency (CARE) Act, Title II Activities in 
Texas....11832
Texas Department of Housing and Community Affairs
Notice of Administrative Hearing....11832
Houston-Galveston Area Council 
Request for Proposal....11833
Texas Department of Human Services
Notice of Public Hearing-Nursing Facility Medicaid Bed Moratorium Rules....11833
Texas Department of Insurance
Correction of Error....11833
Insurer Services....11833
Notice Of Public Hearing....11834
Notice of Public Hearing....11834
Notice Of Public Hearing....11835
Notice of Public Hearing for Private Passenger and Commercial Automobile 
Insurance Benchmark Rates....11836
Notice of Public Hearing Residential Property Insurance Benchmark Rate Setting 
And Windstorm Insurance Association Rate Setting....11839
Third Party Administrator Applications....11841
Texas Department of Mental Health and Mental Retardation
Notice of Public Hearing on Medicaid Rates....11841
Texas Natural Resource Conservation Commission 
Corrections of Error....11842
Enforcement Orders....11842
Applications for Waste Disposal/Discharge Permits....11844
Notice of Award....11844
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement 
Actions....11845
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions....11846
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions November 19, 1997....11848
Notice Of Receipt Of Application And Declaration Of Administrative Completeness 
For Municipal Solid Waste Management Facility....11849
Public Notice Request for Nominations to Appoint Two Individuals to the Waste 
Reduction Advisory Committee....11849
Public Notice of Amended Remedy Selection....11850
Texas Department of Protective and Regulatory Services
Request for Proposal-Project HARRT II....11851
Public Utility Commission of Texas
Notice of Application for Approval of Certain Depreciation Rates....11851
Notice of Application for Approval of Special Amortization....11852
Notice of Application for Service Provider Certification of Operating 
Authority....11852
Notices of Intent to File Pursuant to Public Utility Commission Substantive Rule 
sec.23.27....11852
Public Notice Amendment to Interconnection Agreements....11853
Public Notices of Interconnection Agreements....11853
Public Notice of Petition for Declaration Order....11859
Railroad Commission of Texas
Correction of Error....11859
Texas Rehabilitation Commission
Request for Proposals for Consumer Stipends....11859
Teacher Retirement System of Texas
Requests For Offer....11859
Texas Department of Transportation
Request for Proposal....11860
Texas Water Development Board
Second Draft SB 1 Guidance Documents and Regional Designations....11860
Texas Workforce Commission
Program Year 1997 Job Training Partnership Act (JTPA) Performance Standards and 
5% Incentive Grant System....11861
Program Year 1997 JTPA Title III Performance Standards and Goals....11862
Workforce Development Board of the Coastal Bend
Request For Proposals (RFP)....11863