Texas Register Vol. 22 No. 82 December 26, 1997 Pages 12628-12893 ****GOVERNOR**** Office of the Governor Appointments Made December 12, 1997.....12637 ****ATTORNEY GENERAL**** Letter Opinions.....12639 Opinion.....12639 Request for Opinions.....12639 ****EMERGENCY RULES**** Texas Department of Agriculture Cotton Pest Control 4 TAC sec.20.22.....12641 ****PROPOSED RULES**** Texas Department of Agriculture Seed Quality 4 TAC sec.9.4.....12643 Texas Department of Economic Development Procedures of the Board 10 TAC sec.sec.190.1-190.8.....12643 10 TAC sec.sec.1901.1-190.7.....12644 Texas State Library and Archives Commission General Policies and Procedures 13 TAC sec.sec.2.11, 2.60-2.64.....12646 Railroad Commission of Texas Oil and Gas Division 16 TAC sec.3.30.....12647 Texas Board of Architectural Examiners Architects 22 TAC sec.1.28.....12653 22 TAC sec.1.84.....12654 22 TAC sec.1.161.....12654 Landscape Architects 22 TAC sec.3.84.....12655 Interior Designers 22 TAC sec.5.95.....12656 22 TAC sec.5.171.....12656 Texas Department of Health Purchased Health Services 25 TAC sec.29.609.....12657 25 TAC sec.29.1130.....12658 Early and Periodic Screening, Diagnosis, and Treatment 25 TAC sec.33.140.....12659 25 TAC sec.sec.33.601-33.609.....12660 Texas Department of Insurance Corporate and Financial Regulation 28 TAC sec.7.67.....12664 28 TAC sec.7.410.....12671 Trade Practices 28 TAC sec.21.301.....12673 Texas Natural Resource Conservation Commission Memoranda of Understanding 30 TAC sec.7.117.....12674 Domestic Wastewater Effluent Limitation and Plant Siting 30 TAC sec.sec.309.1-309.4.....12677 30 TAC sec.sec.309.10-309.14.....12679 Industrial Solid Waste and Municipal Hazardous Waste 30 TAC sec.335.28.....12682 Texas Water Development Board Research and Planning Fund 31 TAC sec.sec.355.90-355.100.....12684 Regional Water Planning Guidelines 31 TAC sec.sec.357.1-357.14.....12687 State Water Planning Guidelines 31 TAC sec.sec.358.1-358.4.....12698 Comptroller of Public Accounts Tax Administration 34 TAC sec.3.549.....12702 34 TAC sec.3.556.....12703 34 TAC sec.3.561.....12704 34 TAC sec.3.562.....12705 34 TAC sec.3.568.....12707 Texas Youth Commission Program Services 37 TAC sec.sec.91.41, 91.43, 91.45.....12707 Texas Commission on Law Enforcement Officer Standards and Education Administration Division 37 TAC sec.211.33.....12708 37 TAC sec.sec.211.79, 211.87, 211.88.....12709 Licensing Requirements Division 37 TAC sec.217.1.....12710 37 TAC sec.217.79.....12711 37 TAC sec.217.88.....12711 Proficiency Certificates and Other Post-Basic Licenses Division 37 TAC sec.221.17.....12712 37 TAC sec.221.35.....12713 Enforcement and Compliance Matters Division 37 TAC sec.223.87.....12713 Texas Department of Human Services Income Assistance Services 40 TAC sec.3.2302.....12715 ****WITHDRAWN RULES**** Texas Department of Agriculture Seed Quality 4 TAC sec.9.4.....12717 Texas Department of Insurance Corporate and Financial Regulation 28 TAC sec.7.67.....12717 28 TAC sec.7.410.....12717 ****ADOPTED RULES**** State Office of Administrative Hearings Rules of Procedures 1 TAC sec.sec.155.1, 155.3, 155.5, 155.11, 155.13, 155.17, 155.19, 155.21- 155.23, 155.25, 155.27, 155.29, 155.31, 155.33, 155.35, 155.37, 155.39, 155.41, 155.43, 155.45, 155.47, 155.49, 155.51, 155.53, 155.55.....12719 1 TAC sec.sec.155.1, 155.3, 155.5, 155.9, 155.11, 155.13, 155.17, 155.19, 155.21, 155.23, 155.25, 155.27, 155.29, 155.31, 155.33, 155.35, 155.37, 155.39, 155.41, 155.43, 155.45, 155.47, 155.49, 155.51, 155.53, 155.55, 155.57, 155.59.....12719 Texas Health and Human Services Commission Cost Determination Process.....12748 Texas Alcoholic Beverage Commission Marketing Practices 16 TAC sec.45.109.....12748 16 TAC sec.45.110.....12750 16 TAC sec.45.113.....12752 16 TAC sec.45.117.....12754 16 TAC sec.45.118.....12756 16 TAC sec.45.119.....12756 Texas Department of Licensing and Regulation Air Conditioning and Refrigeration Contractor License Law 16 TAC sec.sec.75.10, 75.20, 75.21, 75.22, 75.24, 75.70, 75.80, 75.90.....12757 Texas Motor Vehicle Commission General Distinguishing Numbers 16 TAC sec.sec.111.4, 111.8, 111.9, 111.11.....12759 Texas Cosmetology Commission General Rules and Regulations 22 TAC sec.89.1.....12760 Texas Department of Health Purchased Health Services 25 TAC sec.29.504.....12762 25 TAC sec.29.601.....12763 Early and Periodic Screening, Diagnosis, and Treatment 25 TAC sec.sec.33.501-33.507.....12763 Texas Department of Mental Health and Mental Retardation ICF/MR Programs, Reimbursement Methodology.....12771 General Reimbursement Methodology for Medical Assistance Programs.....12771 Texas Natural Resource Conservation Commission Memoranda of Understanding 30 TAC sec.sec.7.111-7.116.....12772 Texas Water Development Board Financial Assistance Programs 31 TAC sec.363.511.....12784 Drinking Water State Revolving Fund 31 TAC sec.371.24.....12784 State Water Pollution Control Revolving Fund 31 TAC sec.sec.375.17, 375.19-375.22.....12785 31 TAC sec.sec.375.19-375.21.....12786 31 TAC sec.375.52.....12786 Comptroller of Public Accounts Tax Administration 34 TAC sec.3.1201.....12786 Texas Commission on Law Enforcement Officer Standards and Education Administrative Division 37 TAC sec.211.1.....12788 Proficiency Certificates and Other Post-Basic Licenses Division 37 TAC sec.221.33.....12789 Commission on Jail Standards New Construction Rules 37 TAC sec.sec.259.135, 259.136, 259.143.....12789 37 TAC sec.sec.259.232, 259.233, 259.239.....12789 37 TAC sec.sec.259.330, 259.331, 259.338.....12790 37 TAC sec.sec.259.430, 259.431, 259.437.....12790 37 TAC sec.259.438.....12790 37 TAC sec.sec.259.739, 259.740, 259.747.....12791 Discipline and Grievances 37 TAC sec.283.1.....12791 Texas Department of Human Services Medicaid Eligibility 40 TAC sec.15.105.....12791 40 TAC sec.15.500.....12792 40 TAC sec.15.410.....12792 40 TAC sec.15.475.....12792 40 TAC sec.15.435.....12793 40 TAC sec.15.460, sec.15.475.....12793 Cost Determination Process 40 TAC sec.sec.20.102-20.105, 20.111.....12794 Legal Services 40 TAC sec.sec.79.402-79.404.....12794 ****EXEMPT FILINGS**** Texas Department of Insurance Adopted Action.....12797 ****TABLES AND GRAPHICS**** Tables and Graphics.....12805 ****OPEN MEETINGS**** State Office of Administrative Hearings Monday, December 29, 1997, 2:00 p.m......12849 Texas Commission on Alcohol and Drug Abuse Wednesday, January 7, 1998, 11:00 a.m......12849 Friday, January 9, 1998, 1:30 p.m......12849 Texas Alternative Fuels Council Friday, December 19, 1997, 10:00 a.m......12849 Friday, December 19, 1997, 10:00 a.m......12850 Texas Animal Health Commission Tuesday, December 16, 1997, 1:00 p.m., Rescheduled from 11:00 a.m......12850 Texas Bond Review Board Thursday, December 18, 1997, 10:00 a.m......12850 Comptroller of Public Accounts Monday, December 22, 1997, 9:30 a.m......12850 Finance Commission of Texas Friday, December 19, 1997, 8:45 a.m......12851 Office of the Governor Tuesday, January 20, 1998, 9:00 a.m......12851 Texas Department of Health Saturday, January 17, 1998, 10:00 a.m......12851 Texas Health Insurance Risk Pool (“Health Pool”) Thursday, December 18, 1997, 8:00 a.m......12851 Texas House of Representatives Wednesday, January 28, 1998, 10:00 a.m......12852 Texas Department of Human Services (TDHS) Friday, December 19, 1997, 10:00 a.m......12852 Wednesday, January 7, 1998, 11:00 a.m., CST; 10:00 a.m. MST.....12852 Friday, January 9, 1998, 10:00 a.m......12852 Texas Medical Disclosure Panel Monday, December 29, 1997, 10:30 a.m......12853 Texas Mental Health and Mental Retardation Board Thursday, December 18, 1997, 9:00 a.m......12853 Texas Natural Resource Conservation Commission Thursday, December 18, 1997, 1:30 p.m......12853 Thursday, January 8, 1998, 9:00 a.m......12853 Friday, January 9, 1998, 9:00 a.m......12853 Friday, January 9, 1998, 9:00 a.m......12853 Tuesday, January 13, 1998, 9:00 a.m......12854 Thursday, January 15, 1998, 9:00 a.m......12854 Thursday, January 15, 1998, 9:00 a.m......12854 Tuesday, January 20, 1998, 10:00 a.m......12854 Tuesday, January 20, 1998, 10:00 a.m......12854 Wednesday, January 21, 1998, 10:00 a.m......12854 Thursday, January 22, 1998, 9:00 a.m......12855 Thursday, January 22, 1998, 9:00 a.m......12855 Tuesday, January 27, 1998, 10:00 a.m......12855 Thursday, January 29, 1998, 9:00 a.m......12855 Monday, February 2, 1998, 9:00 a.m......12855 Board of Nurse Examiners Wednesday, January 14, 1998, 9:30 a.m......12855 Texas Savings and Loan Department Tuesday, January 6, 1997, 1:00 p.m......12856 State Securities Board Friday, January 30, 1998, 9:00 a.m......12856 Friday, January 30, 1998, 9:00 a.m......12856 Teacher Retirement System of Texas Thursday, December 18, 1997, 7:30 a.m......12856 Thursday, December 18, 1997, 9:30 a.m......12856 Thursday, December 18, 1997, 11:30 a.m......12857 Thursday, December 18, 1997, 1:30 p.m......12857 Friday, December 19, 1997, 8:00 a.m......12857 Friday, December 19, 1997, 9:00 a.m......12857 Texas State Technical College System Friday, December 19, 1997, 10:30 a.m......12858 Friday, December 19, 1997, 10:31 a.m......12858 Texas Tech University Tuesday, December 16, 1997, 1:00 p.m......12858 University of North Texas/University of North Texas Health Science Center Tuesday, December 16, 1997, 4:00 p.m......12858 Tuesday, December 16, 1997, 4:00 p.m......12859 University of Texas M. Anderson Cancer Center Tuesday, December 16, 1997, 8:00 a.m......12859 The University of Texas System Tuesday, December 16, 1997, 8:00 a.m......12859 Texas Windstorm Insurance Association Friday, January 9, 1998, 10:00 a.m......12859 Texas Workforce Commission Tuesday, December 23, 1997, 9:00 a.m......12859 Regional Meetings ****IN ADDITION**** Coastal Coordination Council Notice and Opportunity to Comment.....12865 Comptroller of Public Accounts Local Sales Tax Rate Changes.....12866 Office of Consumer Credit Commissioner Notice of Rate Ceilings.....12869 Texas Credit Union Department Application(s) for a Merger or Consolidation.....12869 Application(s) to Amend Articles of Incorporation.....12869 Application(s) to Expand Field of Membership.....12869 Texas Department of Criminal Justice Request for Proposals.....12870 General Services Commission Notice of Request for Proposal.....12870 Notice of Request for Proposal for Educating Texans About the Benefits of Renewable Energy.....12871 Office of the Governor-Criminal Justice Division Invitation for Applications.....12871 Texas Department of Health Designation of Sites Serving Medically Underserved Populations.....12872 Notice of Award of Contract.....12874 Notice of Emergency Cease and Desist Order.....12875 Notice of Emergency Cease and Desist Order Alpha Veterinary Clinic.....12875 Notice of Emergency Cease and Desist Order Medi-Tech, Medical and Chiropractic Clinic.....12875 Notice of Public Hearing.....12875 Notice of Rescission of Order.....12875 Texas Health and Human Services Commission Notice of Proposed Medicaid Provider Payment Rates, State-operated Facilities.....12876 Notice of Proposed Medicaid Provider Payment Rates.....12878 Public Notice.....12879 Texas Department of Human Services Public Hearing.....12879 Texas Department of Insurance Insurer Services.....12880 Notice of Public Hearing.....12880 Third Party Administrator Applications.....12880 Texas Department of Mental and Health Mental Retardation Notice of Consultant Contract Award - Evaluation Services.....12881 Notice of Intent to Contract - East Texas Behavioral HealthCare Network.....12881 Notice of Public Hearing on Medicaid Rates.....12882 Texas Natural Resource Conservation Commission Amendment to Notice of Contract Award.....12882 Amendment to Public Notice.....12882 Notice of Application for Municipal Solid Waste Management Facility Permit.....12882 Notice of Applications for Waste Disposal/Discharge Permits.....12883 Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions.....12884 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions.....12885 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions.....12886 Public Utility Commission of Texas Notices of Application for Amendment to Servvice Provider Certificate of Operating Authority.....12887 Notices of Intent to File Pursuant to Public Utility Commission Rule sec.23.27.....12888 Public Notice of Interconnections Agreements.....12889 The Texas A & M University System Request for Proposals.....12892 Tarrant County Workforce Development Board Request for Proposal.....12892 Texas Department of Transportation Notice of Award.....12892 The University of Texas System Request for Proposal .....12892 Texas Council on Workforce and Economic Competitiveness Proposal.....12893