Texas Register
Vol. 23 No. 8
February 20, 1998
Pages 1441-1740

****ATTORNEY GENERAL****
Letter Opinion.....1449
Request for Opinion.....1449
****PROPOSED RULES****
Health and Human Services
Medicaid Reimbursement Rates
1 TAC sec.355.502-sec.355.505.....1451
Texas Department of Agriculture
Boll Weevil Eradication Program
4 TAC sec.3.110.....1457
Texas Department of Economic Development
Enterprise Zone Program
10 TAC sec.sec.176.1-176.4, 176.7, 176.8, 176.10, 176.11.....1457
Public Utility Commission of Texas
Substantive Rules
16 TAC sec.23.93.....1462
Substantive Rules Applicable to Telecommunications Service Providers
16 TAC sec.26.141.....1463
16 TAC sec.26.283.....1465
Texas Department of Health
Purchased Health Services
25 TAC sec.29.1126.....1466
Cancer
25 TAC sec.sec.91.1-91.7.....1467
25 TAC sec.sec.91.1-91.14.....1468
Immunization Registry
25 TAC sec.sec.100.1-100.10.....1472
Abortion Facilities
25 TAC sec.sec.139.1-139.14.....1479
25 TAC sec.sec.139.1-139.8.....1479
25 TAC sec.sec.139.21-139.25.....1484
25 TAC sec.sec.139.31-139.34.....1489
25 TAC sec.sec.139.41-139.60.....1494
Radiation Control
25 TAC sec.289.114.....1505
25 TAC sec.289.203.....1505
Texas Natural Resource Conservation Commission
Exemptions from Permitting
30 TAC sec.106.226.....1508
30 TAC sec.106.351.....1510
30 TAC sec.106.375.....1510
30 TAC sec.106.435.....1511
30 TAC sec.106.477.....1511
General Land Office
Land Resources
31 TAC sec.sec.13.71-13.86.....1512
Comptroller of Public Accounts
Tax Administration
34 TAC sec.3.251.....1515
34 TAC sec.3.285.....1515
34 TAC sec.3.298.....1516
34 TAC sec.3.329.....1517
34 TAC sec.3.372.....1518
34 TAC sec.3.422.....1519
Texas Department of Human Services
Medicaid Eligibility
40 TAC 15.610.....1520
****WITHDRAWN RULES****
Texas Board of Architectural Examiners
Architects
22 TAC sec.1.161.....1523
Interior Design
22 TAC sec.5.171.....1523
Texas Funeral Service Commision
Licensing and Enforcement-Specific Substantive Rules
22 TAC sec.203.6.....1523
Edwards Aquifer Authority
Substantive Groundwater Withdrawal Permit Rules 
31 TAC sec.705.13.....1523
31 TAC sec.sec.705.131, 705.133, 705.135, 705.137, 705.139, 705.141, 705.143, 
705.145, 705.147, 705.149, 705.151, 705.153, 705.155, 705.157, 705.159, 705.161, 
704.171, 705.173.....1524
31 TAC sec.705.223.....1524
Procedural Groundwater Withdrawal Permit Rules 
31 TAC sec.707.55.....1524
31 TAC sec.sec.707.181, 707.183, 707.185, 707.187, 707.189, 707.191, 
707.193.....1524
31 TAC sec.707.203.....1524
31 TAC sec.sec.707.407, 707.409, 707.411, 707.413, 707.415, 707.419, 707.421, 
707.423, 707.427.....1524
31 TAC sec.sec.707.503, 707.505, 707.507, 707.511, 707.513, 707.515, 707.517, 
707.519, 707.521, 707.523, 707.527, 707.529, 707.531, 707.533.....1525
31 TAC sec.sec.707.601, 707.603, 707.605.....1525
31 TAC sec.707.701, sec.707.707.....1525
****ADOPTED RULES****
Office of the Attorney General
Child Support Enforcement
1 TAC sec.55.203.....1527
Office of the Secretary of State
Corporations
1 TAC sec.79.2.....1527
1 TAC sec.sec.79.13-79.15, 79.17-79.19.....1528
1 TAC sec.sec.79.21-79.28.....1528
1 TAC sec.sec.79.34, 79.43, 79.48, 79.50.....1529
1 TAC sec.sec.79.71-79.73.....1529
1 TAC sec.79.81, sec.79.82.....1530
Unincorporated Business Entities
1 TAC sec.sec.80.1-80.4.....1531
1 TAC sec.sec.80.1-80.7.....1532
1 TAC sec.80.29.....1533
Limited Partnership
1 TAC sec.sec.83.1-83.6.....1533
1 TAC sec.sec.83.1-83.5.....1534
1 TAC sec.sec.83.21-83.24.....1534
Trademarks
1 TAC sec.93.1, sec.93.2.....1536
1 TAC sec.sec.93.41, 93.42, 93.43.....1536
1 TAC sec.sec.93.51, 93.52, 93.53, 93.54, 93.55.....1536
1 TAC sec.sec.93.61, 93.62, 93.66, 93.67.....1536
1 TAC sec.93.91, sec.93.93.....1536
1 TAC sec.93.101.....1537
1 TAC sec.sec.93.112, 93.113, 93.117.....1537
1 TAC sec.sec.93.131, 93.132, 93.133.....1537
1 TAC sec.93.153.....1537
1 TAC sec.93.163.....1537
1 TAC sec.sec.93.181, 93.182, 93.183.....1538
1 TAC sec.93.63.....1538
1 TAC sec.93.114.....1538
1 TAC sec.93.152, sec.93.154.....1538
1 TAC sec.93.63.....1539
1 TAC sec.93.103.....1539
1 TAC sec.93.114, sec.93.118.....1540
1 TAC sec.93.152, sec.93.154.....1540
1 TAC sec.93.172.....1540
1 TAC sec.93.184.....1540
Advisory Commission on State Emergency Communications
Practice and Procedure
1 TAC sec.sec.253.1-253.31.....1541
Texas Department of Housing and Community Affairs
Low-Income Tax Credit Rule-1996
10 TAC sec.sec.49.1-49.15.....1541
10 TAC sec.sec.49.1-49.16.....1541
Texas Department of Licensing and Regulation
Boiler Division
16 TAC sec.sec.65.20, 65.60, 65.65, 65.80, 65.100.....1564
Texas Higher Education Coordinating Board
Proprietary Schools
19 TAC sec.12.24.....1565
19 TAC sec.12.80 sec.12.81.....1566
Financial Planning
19 TAC sec.13.61.....1566
19 TAC sec.13.65, sec.13.66.....1567
19 TAC sec.sec.13.65-13.67.....1567
19 TAC sec.13.81, sec.13.85.....1567
Texas Real Estate Commission
Canons of Professional Ethics and Conduct
22 TAC sec.sec.531.1-531.3.....1568
Pracctice and Procedure
22 TAC sec.sec.533.7, 533.15, 533.16, 533.18, 533.21, 533.22, 533.29, 
533.30.....1568
Criminal Offense Guidelines
22 TAC sec.541.1.....1568
Texas Department of Health
Laboratories
25 TAC sec.73.22.....1577
Laboratories
25 TAC sec.sec.73.22, 73.23, 73.24.....1577
25 TAC sec.73.31.....1581
25 TAC sec.73.41.....1581
Occupational Conditions Reporting
25 TAC sec.99.1.....1581
Health Maintenance Organizations
25 TAC sec.sec.119.1-119.4.....1583
25 TAC sec.sec.119.21-119.25.....1583
25 TAC sec.sec.119.51-119.56.....1583
25 TAC sec.119.71.....1583
Food and Drug
25 TAC sec.sec.229.121-229.129.....1584
Texas Department of Insurance
Life, Accident and Health Insurance and Annuities
28 TAC sec.3.129.....1585
28 TAC sec.sec.3.12001-3.12017.....1585
Corporate and Financial Regulation
28 TAC sec.7.410.....1591
Edwards Aquifer Authority
Filing and Processing of Permit Applications
31 TAC sec.sec.701.1-701.5.....1593
31 TAC sec.sec.701.11-701.13, 701.15-701.19, 701.21, 701.22.....1593
31 TAC sec.sec.701.31-701.35.....1593
31 TAC sec.sec.701.52-701.59.....1594
31 TAC sec.sec.701.71-701.77.....1594
31 TAC sec.sec.701.91-701.102.....1594
31 TAC sec.sec.701.121-701.131.....1595
31 TAC sec.sec.701.141-701.147.....1595
31 TAC sec.sec.701.171-701.176.....1595
31 TAC sec.sec.701.191-701.196.....1596
31 TAC sec.sec.701.211-701.221.....1596
31 TAC sec.sec.701.1, 701.3, 701.5.....1596
Definitions
31 TAC sec.703.1.....1597
Substantive Groundwater Withdrawal Permit Rules
31 TAC sec.705.1.....1615
31 TAC sec.sec.705.11, 705.15, 705.17, 705.19, 705.21, 705.23, 705.25, 
705.27.....1616
31 TAC sec.705.41.....1616
31 TAC sec.705.51.....1616
31 TAC sec.sec.705.61, 705.63, 705.65, 705.67, 705.69, 705.71, 705.73, 705.75, 
705.77.....1617
31 TAC sec.705.101.....1620
31 TAC sec.705.111, sec.705.113.....1621
31 TAC sec.sec.705.221, 705.225, 705.227, 705.229, 705.231, 705.233, 705.235, 
705.237, 705.239, 705.241.....1621
31 TAC sec.sec.705.251, 705.253, 705.255, 705.257, 705.259, 705.261, 705.263, 
705.265, 705.267.....1622
Procedural Groundwater Withdrawal Permit Rules
31 TAC sec.707.1, sec.707.3.....1627
31 TAC sec.sec.707.21, 707.23, 707.25, 707.27, 707.29, 707.31.....1628
31 TAC sec.sec.707.41, 707.43, 707.45, 707.47, 707.49, 707.51, 707.53, 707.57, 
707.59, 707.61, 707.63, 707.65, 707.67.....1628
31 TAC sec.sec.707.81, 707.83, 707.85, 707.87, 707.89, 707.91, 707.93.....1628
31 TAC sec.707.121.....1628
31 TAC sec.707.131, sec.707.133.....1629
31 TAC sec.707.151, sec.707.153.....1629
31 TAC sec.707.161.....1629
31 TAC sec.sec.707.201, 707.205, 707.207, 707.209.....1630
31 TAC sec.sec.707.221, 707.223, 707.225, 707.227, 707.229, 707.231, 707.233, 
707.235, 707.237.....1630
31 TAC sec.sec.707.251, 707.257, 707.259, 707.261, 707.263.....1631
31 TAC sec.sec.707.281, 707.283, 707.285, 707.287, 707.289, 707.291, 707.293, 
707.295, 707.297, 707.299, 707.301.....1631
31 TAC sec.sec.707.311, 707.313, 707.315, 707.317, 707.319.....1632
31 TAC sec.sec.707.401, 707.403, 707.405, 707.417, 707.425, 707.429, 
707.431.....1633
31 TAC sec.sec.707.501, 707.509, 707.525.....1634
31 TAC sec.sec.707.703, 707.705, 707.709, 707.711, 707.713, 707.715, 707.717, 
707.719, 707.721, 707.723.....1634
Texas Department of Human Services
Income Assistance Services
40 TAC sec.sec.3.7401-3.7409.....1635
Medicaid Eligibility
40 TAC sec.15.450.....1637
40 TAC sec.sec.15.502, 15.503.....1637
Licensed Personal Care Faclilities Contracting with the Texas Department of 
Human Services to Provide Residential Care Services 
40 TAC sec.46.2005.....1637
40 TAC sec.46.3001.....1637
40 TAC sec.46.4005.....1638
40 TAC sec.46.5001.....1638
Texas Workforce Commission
Child Care and Development
40 TAC sec.809.79.....1638
40 TAC sec.809.89.....1639
40 TAC sec.sec.809.171-809.174.....1640
****EXEMPT FILINGS****
Texas Department of Insurance
Proposed Action.....1643
ADOPTED.....1643
ADOPTED.....1644
ADOPTED.....1645
ADOPTED.....1646
****RULE REVIEW****
Proposed Rule Review
Public Utility Commission of Texas.....1647
****TABLES AND GRAPHICS****
Tables and Graphics.....1649
****OPEN MEETINGS****
Texas State Board of Public Accountancy
Tuesday, February 17, 1998, 2:00 p.m......1689
Wednesday, February 18, 1998, 2:30 p.m......1689
Friday, February 20, 1998, 9:00 a.m......1689
Friday, February 27, 1998, 9:00 a.m......1690
State Office of Administrative Hearings 
Wednesday, April 15, 1998, 10:00 a.m......1690
Texas Commission on Alcohol and Drug Abuse
Thursday, February 19, 1998, 10:00 a.m......1690
Friday, February 20, 1998, 10:00 a.m......1690
The State Bar of Texas
Friday, February 13, 1998, 8:30 a.m......1690
Texas Boll Weevil Eradication Foundation
Wednesday, February 18, 1998, 1:00 p.m. and 4:00 p.m......1691
Thursday, February 19, 1998, 8:30 a.m......1691
Wednesday, February 19, 1998, 10:00 a.m......1691
Texas School for the Deaf
Thursday, February 12, 1998, 6:30 p.m......1691
Friday, February 13, 1998, 8:30 a.m......1692
Friday, February 13, 1998, 9:30 a.m......1692
Friday, February 13, 1998, 10:45 a.m......1692
Friday, February 13, 1998, 1:00 p.m......1692
State Board of Dental Examiners
Friday, February 27, 1998, 9:00 a.m......1693
Texas Planning Council for Developmental Disabilities
Wednesday, February 25, 1998, 9:30 a.m......1693
Texas Diabetes Council
Friday, February 20, 1998, 9:00 a.m......1693
Friday, February 20, 1998, 10:00 a.m......1694
State Board for Educator Certification 
Friday, February 20, 1998, 3:00 p.m......1694
Advisory Commission on State Emergency Communications
Thursday, February 19, 1998, 10:00 a.m......1694
General Land Office
Tuesday, February 17, 1998, 10:00 a.m......1694
Office of the Governor -- Criminal Justice Division
Friday, March 27, 1998, 9:00 a.m......1695
Texas Department of Health
Friday, February 13, 1998, 9:30 a.m......1695
Friday, February 13, 1998, 10:15 a.m......1695
Friday, February 13, 1998, 11:00 a.m......1695
Friday, February 13, 1998, 12:00 p.m......1695
Saturday, February 21, 1998, 9:30 a.m......1696
Saturday, February 21, 1998, 11:00 a.m......1696
Friday, February 27, 1998, 9:30 a.m......1696
Texas Health Care Information Council 
Thursday, February 19, 1998, 9:00 a.m......1696
Texas Health Insurance Risk Pool ("Health Pool")
Tuesday, February 17, 1998, Audit Subcommittee 9:00 a.m.; Board -- 9:30 a.m.; 
Grievance Subcommittee following Board meeting......1696
Health Professions Council
Monday, February 23, 1998, 9:00 a.m......1697
Texas Higher Education Coordinating Board 
Wednesday, February 18, 1998, 10:00 a.m......1697
Friday, February 20, 1998, 9:30 a.m......1697
Texas Affordable Housing Task Force
Wednesday, February 25, 1998, 10:00 a.m......1697
Texas Department of Human Services (TDHS) 
Tuesday-Wednesday, February 17-18, 1998, 9:00 a.m......1697
Texas Department of Insurance
Tuesday, March 3, 1998, 9:00 a.m......1698
Tuesday, March 3, 1998, 9:00 a.m......1698
Wednesday, March 4, 1998, 9:00 a.m......1698
Wednesday, March 4, 1998, 9:00 a.m......1698
Wednesday, March 4, 1998, 9:00 a.m......1698
Thursday, March 5, 1998, 9:00 a.m......1698
Thursday, March 5, 1998, 9:00 a.m......1698
Friday, March 6, 1998, 9:00 a.m......1698
Texas State Library and Archives Commission 
Monday, February 23, 1998, 1:00 p.m......1699
Texas Department of Licensing and Regulation 
Tuesday, February 17, 1998, 1:00 p.m......1699
Tuesday, February 17, 1998, 2:30 p.m......1699
Wednesday, February 18, 1998, 9:00 a.m......1699
Wednesday, February 18, 1998, 1:00 p.m......1700
Thursday, February 19, 1998, 9:00 a.m......1700
Monday, February 23, 1998, 1:30 p.m......1700
Texas Lottery Commission
Wednesday, February 18, 1998, 9:00 a.m......1700
Texas State Board of Medical Examiners 
Thursday, February 5, 1998, 10:30 a.m......1701
Friday, February 6, 1998, 10:30 a.m......1701
Friday, February 6, 1998, 5:00 p.m......1701
Midwestern State University
Thursday, February 12, 1998, 2:00 p.m......1701
Thursday, February 12, 1998, 3:30 p.m......1702
Thursday, February 12, 1998, 4:00 p.m......1702
Thursday, February 12, 1998, 4:30 p.m......1702
Thursday, February 12, 1998, 4:45 p.m......1702
Thursday, February 12, 1998, 5:00 p.m......1702
Friday, February 13, 1998, 9:00 a.m......1702
Texas Natural Resource Conservation Commission 
Wednesday, February 18, 1998, 9:30 a.m. and 1:00 p.m......1703
Wednesday, February 18, 1998, 9:30 a.m......1703
Thursday, February 19, 1998, 9:00 a.m., Rescheduled from March 4, 1998.....1703
Thursday, February 19, 1998, 10:00 a.m......1703
Tuesday, February 24, 1998, 10:00 a.m......1704
Texas Public Finance Authority
Wednesday, February 18, 1998, 10:30 a.m......1704
Public Utility Commission of Texas
Tuesday, February 17, 1998, 10:00 a.m......1704
Records Management Interagency Coordinating Council
Wednesday, March 4, 1998, 10:00 a.m......1705
Texas Rehabilitation Commission
Thursday, February 26, 1998, 9:30 a.m......1705
Research and Oversight Council on Worker's Compensation
Thursday, February 19, 1998, 1:00 p.m......1705
State Office of Risk Management
Tuesday, February 17, 1998, 10:00 a.m......1705
Tuesday, February 17, 1998, 10:15 a.m......1705
Center for Rural Health Initiatives
Friday, February 20, 1998, 1:00 p.m......1706
State Securities Board
Tuesday, February 17, 1998, 9:00 a.m., rescheduled from January 30, 1998, at 
9:00 a.m......1706
State Seed and Plant Board
Friday, February 20, 1998, 9:30 a.m......1706
Texas Southern University
Thursday, March 12, 1998, 10:00 a.m......1707
Thursday, March 12, 1998, 11:15 a.m......1707
Thursday, March 12, 1998, 12:30 p.m......1707
Thursday, March 12, 1998, 1:15 p.m......1707
Thursday, March 12, 1998, 2:15 p.m......1707
Friday, March 13, 1998, 8:30 a.m......1707
Texas Department of Transportation
Thursday, March 5, 1998, 9:30 a.m......1707
University of Houston
Monday, February 16, 1998, 1:00 p.m......1708
University of North Texas
Monday, February 16, 1998, 4:00 p.m......1708
Texas Veterans Commission
Friday, February 20, 1998, 9:30 a.m......1708
Texas Water Development Board
Wednesday, February 18, 1998, 3:00 p.m......1708
Wednesday, February 18, 1998, 4:00 p.m......1708
Wednesday, February 18, 1998, 4:00 p.m......1709
Thursday, February 19, 1998, 9:00 a.m......1709
Texas Council on Workforce and Economic Competitiveness
February 19, 1998, 10:30 a.m......1709
February 19, 1998, 9:00 a.m......1709
February 19-20, 1998, 1:00 p.m. and 8:30 a.m. respectively.....1710
Texas Workforce Commission
Tuesday-Wednesday, February 17-18, 1998, 8:00 a.m......1710
Wednesday-Thursday, February 18-19, 1998, 8:30 a.m......1710
Regional Meetings
****IN ADDITION****
Texas Department of Agriculture
Notice of Public Hearing.....1717
Office of the Attorney General
Notice of Public Hearing.....1717
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program .....1717
Comptroller Of Public Accounts
Notice Of Consultant Contract Award.....1719
Notice Of Consultant Contract Award.....1719
Request for Information for Tax Collection Services.....1719
Office of Consumer Credit Commissioner 
Notice of Rate Ceilings.....1720
Texas Planning Council for Developmental Disabilities
Advocacy Support Network-Request for Proposals.....1720
Texas Education Agency
Request for Early Reading Diagnostic Instruments.....1721
General Services Commission
Technology Access Clause.....1721
Texas Department of Health
Licensing Action for Radioactive Materials.....1722
Notice of Revocation of Certificates of Registration.....1725
Texas Department of Housing and Community Affairs
Notice Of Public Hearing.....1726
Texas Department of Insurance
Insurer Services.....1726
Notice.....1726
Notice.....1727
Notice.....1727
Notice of Public Hearing.....1727
Notice of Public Hearing for Private Passenger and Commercial Automobile 
Insurance Rates Concerning The Texas Automobile Insurance Plan Association 
Docket No. 454-98-0244.G.....1728
Third Party Administrator Applications.....1730
Texas Natural Resource Conservation Commission 
Notice of Applications for Waste Disposal/Discharge Permits for the Week ending 
January 9, 1998 thru February 6, 1998.....1730
Notice of Public Hearing (Houston SIP).....1731
Permit Application for Sewage Sludge Facility for the Week ending February 13, 
1998.....1731
Proposal for Decision.....1731
Public Utility Commission of Texas
Notices of Application for Service Provider Certificate of Operating Authority 
.....1732
Notice of Application for Sale, Transfer, or Merger.....1733
Notices of Intent to File Pursuant to P.U.C. Substantive Rule 23.27.....1733
Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 
23.27.....1734
Request for Proposals for Provision of Administrative Services for the Universal 
Service Fund .....1734
The Texas A & M University System, Board of Regents
Notice of Sale of Oil, Gas, And Sulphur Lease.....1735
Request for Information: Management Information System.....1735
Texas Department of Transportation
Notice of Invitations.....1735
Texas Workers Commission
Public Hearing for Choices Rules.....1739