Texas Register Vol. 23 No. 10 March 10, 1998 Pages 2190-2625 ****ATTORNEY GENERAL**** Letter Opinions.....2198 Request for Opinions.....2199 ****PROPOSED RULES**** Texas Department of Agriculture Boll Weevil Eradication Program 4 TAC sec.sec.3.50, 3.51, 3.53, 3.54.....2200 4 TAC sec.sec.3.54-3.57.....2201 4 TAC sec.sec.3.70, 3.71.....2202 4 TAC sec.sec.3.70-3.78, 3.80, 3.81.....2202 Finance Commission of Texas Currency Exchange 7 TAC sec.4.6.....2205 Texas Department of Banking Trust Company Regulation 7 TAC sec.17.23.....2206 Trust Company Corporate Activities 7 TAC sec.sec.21.4-21.8.....2208 7 TAC sec.21.23.....2211 Texas Savings and Loan Department Miscellaneous 7 TAC sec.sec.79.109, 79.110.....2211 Texas Appraiser Licensing and Certification Board Provisions of the Texas Appraiser Licensing and Certification Act 22 TAC sec.sec.153.1, 153.8, 153.13, 153.18.....2212 Texas State Board of Medical Examiners Licensure 22 TAC sec.sec.163.3, 163.5-163.7, 163.12, 163.14, 163.15,.....2216 Medical Records 22 TAC sec.165.2.....2218 Acupuncture 22 TAC sec.sec.183.2, 183.4, 183.8, 183.18, 183.20, 183.22.....2218 Texas Optometry Board Practice and Procedure 22 TAC sec.277.1.....2223 Interpretations 22 TAC sec.279.1.....2223 22 TAC sec.279.3.....2225 22 TAC sec.279.5.....2225 22 TAC sec.279.7.....2225 22 TAC sec.279.16.....2226 Therapeutic Optometry 22 TAC sec.280.4.....2227 Structural Pest Control Board Compliance and Enforcement 22 TAC sec.595.17.....2228 Texas Department of Insurance Title Insurance 28 TAC sec.9.1.....2228 Texas Natural Resource Conservation Commission Control of Certain Activities by Rule 30 TAC sec.sec.321.31-321.46.....2230 Municipal Solid Waste 30 TAC sec.330.4.....2254 30 TAC sec.330.26.....2255 Coastal Coordination Council Coastal Procedures for Federal Consistency with Coastal Management Program Goals and Policies 31 TAC sec.506.12, sec.506.20.....2255 Comptroller of Public Accounts Tax Administration 34 TAC sec.3.316.....2257 Texas Department of Human Services Nursing Facility Requirements for Licensure and Medicaid Certification 40 TAC sec.sec.19.2322, 19.2324.....2258 40 TAC sec.sec.19.2322, 219.2324.....2259 Texas Commission for the Blind Administrative Rules and Procedures 40 TAC sec.159.21.....2263 Scope of Services and General Clientele 40 TAC sec.sec.161.1-161.4.....2266 Appeals and Hearing Procedures
    40 TAC sec.sec.161.10-161.44.....2266 Vocational Rehabilitation Program 40 TAC sec.163.36.....2273 40 TAC sec.163.36.....2274 Advisory Committees and Councils 40 TAC sec.172.3.....2274 Automobile Theft Prevention Authority Automobile Theft Prevention Authority 43 TAC sec.sec.57.53-57.55.....2276 ****WITHDRAWN RULES**** Texas Parks and Wildlife Department Fisheries 31 TAC sec.57.112, sec.57.113.....2278 ****ADOPTED RULES**** Office of the Governor Automobile Theft Prevention Authority 1 TAC sec.4.....2280 1 TAC sec.4.47.....2280 Department of Information Resources Planning and Management of Information Resources Technologies 1 TAC sec.201.14.....2280 Finance Commission of Texas Consumer Credit Commissioner 7 TAC sec.sec.1.1, 1.3, 1.5, 1.6.....2285 7 TAC sec.sec.1.101-1.107.....2285 Rules of Procedure for Contested Case Hearings, Appeals, and Rulemakings 7 TAC sec.9.81, sec.9.84.....2285 Texas Department of Banking Trust Companies 7 TAC sec.sec.10.1-10.5, 10.10, 10.11.....2286 Loans and Investments 7 TAC sec.12.11.....2286 7 TAC sec.12.61.....2287 Corporate Activities 7 TAC sec.15.1, sec.15.2.....2287 Trust Company Regulation 7 TAC sec.17.1, sec.17.2.....2289 7 TAC sec.17.21, sec.17.22.....2289 Trust Company Loans and Investments 7 TAC sec.19.1.....2290 7 TAC sec.19.21, sec.19.22.....2290 Trust Company Corporate Activities 7 TAC sec.21.2.....2290 Texas Board of Architectural Examiners Architects 22 TAC sec.1.28.....2291 22 TAC sec.1.84.....2291 Landscape Architects 22 TAC sec.3.84.....2291 Interior Designs 22 TAC sec.5.95.....2292 Texas Department of Health Purchased Health Services 25 TAC sec.29.903.....2292 Athletic Trainers 25 TAC sec.sec.313.1, 313.3, 313.5, 313.7-313.9, 313.12, 313.13.....2294 Texas Department of Insurance Trade Practices 28 TAC sec.21.301.....2295 Health Insurance Portability and Availability Act Regulations 28 TAC sec.sec.26.1, 26.4-26.9, 26.11-26.20, 26.22-26.27.....2305 28 TAC sec.sec.26.301-26.311.....2321 Small Employer Health Insurance Availability Act Regulation 28 TAC sec.26.2, sec.26.27.....2327 Texas Parks and Wildlife Department Wildlife 31 TAC 65.262-65.265, 65.267-65.269, 65.271, 65.276.....2328 31 TAC sec.sec.65.262-65.265,65.267,65.269, 65.271,65.276, 65.277.....2328 31 TAC sec.65.604, sec.65.606.....2329 31 TAC sec.sec.65.601-65.603, 65.605, 65.607-65.611.....2329 Texas Water Development Board Research and Planning Fund 31 TAC sec.sec.355.90-355.100.....2330 Regional Water Planning Guidelines 31 TAC sec.sec.357.1-357.14.....2338 State Water Planning Guidelines 31 TAC sec.sec.358.1-358.4.....2382 Drinking Water State Revolving Fund 31 TAC sec.371.2.....2397 31 TAC sec.sec.371.21, 371.24, 371.25.....2397 Texas Low-Level Radioactive Waste Disposal Authority General Provisions 31 TAC sec.sec.449.61-449.65.....2398 Texas Commission for the Deaf and Hard of Hearing General Rules of Practice and Procedures 40 TAC sec.181.28.....2398 Specialized Telecommunications Devices Assistance Program 40 TAC sec.182.3.....2399 Texas Automobile Theft Prevention Authority Automobile Theft Prevention Authority 43 TAC sec.57......2399 43 TAC sec.57.48.....2399 ****RULE REVIEW**** Agency Rule Review Plans Texas Workforce Commission.....2402 Office of the Texas State Chemist/Texas Feed and Fertilizer Control Service.....2402 General Land Office.....2402 Texas Racing Commission.....2402 Coastal Coordination Council.....2402 General Land Office.....2402 Proposed Rule Review Texas Racing Commission.....2402 ****TABLES AND GRAPHICS**** Tables and Graphics.....2404 ****OPEN MEETINGS**** Texas State Board of Public Accountancy Friday, February 27, 1998, 9:00 a.m......2558 State Office of Administrative Hearings Monday, March 16, 1998, 10:00 a.m......2558 Texas Commission on Alcohol and Drug Abuse Friday, February 27, 1998, 11:00 a.m......2558 Friday, March 6, 1998, 1:30 p.m......2559 State Board of Barber Examiners Monday, March 2, 1998, 4:00 p.m......2559 State Cemetery Committee Tuesday, March 3, 1998, 10:00 a.m......2559 Texas Board of Chiropractic Examiners Thursday, March 5, 1998, 9:00 a.m......2559 Thursday, March 5, 1998, 9:00 a.m......2560 Thursday, March 5, 1998, 9:00 a.m......2560 Thursday, March 5, 1998, 10:00 a.m......2560 Thursday, March 5, 1998, 10:00 a.m......2560 Thursday, March 5, 1998, 11:00 a.m......2561 Thursday, March 5, 1998, 1:30 p.m......2561 Thursday, March 5, 1998, 1:30 p.m......2561 Thursday, March 18, 1998, 9:30 a.m......2562 Comptroller of Public Accounts Tuesday, March 3, 1998, 9:00 a.m......2562 Tuesday, March 3, 1998, 1:30 p.m......2562 Tuesday, March 3, 1998, 2:00 p.m......2562 Texas County and District Retirement System Wednesday, March 11, 1998, 1:00 p.m......2563 Thursday, March 12, 1998, 8:30 a.m......2563 Credit Union Department Friday, March 6, 1998, 10:00 a.m......2563 Texas Department of Criminal Justice Monday, March 9, 1998, 9:00 a.m......2563 Texas Department of Economic Development Tuesday, March 3, 1998, 2:00 p.m......2564 Wednesday, March 4, 1998, 9:00 a.m......2564 Texas Education Agency (TEA) Thursday, March 5, 1998, 11:00 a.m......2564 Friday, March 6, 1998, 9:00 a.m......2565 Thursday, March 12, 1998, 8:30 a.m......2565 State Board for Educator Certification Friday, March 6, 1998, 9:00 a.m., Board Meeting, 8:00 a.m., Board Briefing.....2565 State Employee Charitable Campaign Wednesday, March 11, 1998, 10:30 a.m......2565 Wednesday, March 25 1998, 10:30 a.m......2566 Employees Retirement System of Texas Tuesday, March 10, 1998, 1:30 p.m......2566 General Land Office Tuesday, March 3, 1998, 10:00 a.m......2566 Texas Growth Fund Tuesday, March 3, 1998, 12:15 p.m......2566 Texas Department of Health Monday, March 2, 1998, 10:00 a.m......2567 Friday, March 6, 1998, 10:00 a.m......2567 Friday, March 6, 1998, 10:00 a.m......2567 Texas Health Care Information Council Thursday, February 26, 1998, 8:30 a.m......2567 Friday, February 27, 1998, 10:00 a.m......2568 Tuesday, March 3, 1998, 1:00 p.m......2568 Texas Health Insurance Risk Pool (“Health Pool”) Thursday, February 26, 1998, 1:30 p.m......2568 Texas Higher Education Coordinating Board Wednesday, March 4, 1998, 10:30 a.m......2568 Thursday, March 5, 1998, 1:00 p.m......2568 Friday, March 6, 1998, 10:00 a.m......2569 Texas Incentive and Productivity Commission Wednesday, February 25, 1998, 9:00 a.m......2569 State Independent Living Council Monday, March 2, 1998, 8:30 a.m......2569 Monday, March 2, 1998, 9:00 a.m......2569 Monday, March 2, 1998, 10:00 a.m......2569 Monday, March 2, 1998, 11:00 a.m......2570 Monday-Tuesday, March 2-3, 1998, 1:00 p.m. and 8:00 a.m. respectively.....2570 Texas Department of Insurance Friday, February 27, 1998, 10:00 a.m......2570 Monday, March 2, 1998, 8:30 a.m......2570 Tuesday, March 17, 1998, 9:00 a.m......2571 Friday, March 20, 1998, 9:00 a.m......2571 Texas Commission on Law Enforcement Officer Standards and Education Friday, March 6, 1998, 9:30 a.m......2571 Texas State Library and Archives Commission Tuesday, March 17, 1998, 10:00 a.m......2571 Texas Department of Licensing and Regulation Friday, February 27, 1998, 10:00 a.m......2571 Friday, February 27, 1998, 10:00 a.m......2571 Friday, February 27, 1998, 10:00 a.m......2572 Friday, March 6, 1998, 1:00 p.m......2572 Friday, March 6, 1998, 9:30 a.m......2572 Texas Lottery Commission Wednesday, March 4, 1998, 10:00 a.m......2572 Texas Natural Resource Conservation Commission Wednesday, March 4, 1998, 9:30 and 1:00 p.m......2573 Thursday, March 12, 1998, 10:00 a.m......2573 Tuesday, March 17, 1998, 9:00 a.m......2573 Thursday, March 19, 1998, 9:00 a.m......2573 Thursday, March 19, 1998, 9:00 a.m......2573 Tuesday, March 24, 1998, 9:00 a.m......2573 Tuesday, April 7, 1998, 10:00 a.m......2574 Tuesday, April 21, 1998, 9:00 a.m......2574 Board of Nurse Examiners Thursday-Friday, March 12-13, 1998, 8:30 a.m......2574 Texas Board of Physical Therapy Examiners Tuesday, March 3, 1998, 8:30 a.m......2574 Texas State Board of Plumbing Examiners Monday, March 9, 1998, 8:30 a.m......2575 Texas State Board of Podiatric Medical Examiners Friday, March 6, 1998, 10:00 a.m......2575 Texas State Board of Examiners of Psychologists Wednesday, March 11, 1998, 10:00 a.m......2575 Texas Department of Public Safety Wednesday, March 25, 1998, 3:00 p.m......2575 Texas Council on Purchasing from People with Disabilities Friday, March 13, 1998, 10:00 a.m......2576 Railroad Commission of Texas Tuesday, February 24, 1998, 9:30 a.m......2576 Texas Real Estate Commission Friday, March 13, 1998, 10:00 a.m......2576 Texas Real Estate Research Center Saturday, March 14, 1998, 1:30 p.m......2576 State Office of Risk Management Wednesday, March 4, 1998, 9:30 a.m......2577 State Securities Board Tuesday, March 3, 1998, 9:30 a.m......2577 Teacher Retirement System of Texas Wednesday, February 18, 1998, 1:00 p.m......2577 Thursday, February 26, 1998, 8:30 a.m......2577 Thursday, February 26, 1998, 10:00 a.m......2578 Thursday, February 26, 1998, 11:30 a.m......2578 Thursday, February 26, 1998, 2:30 p.m......2578 Friday, February 27, 1998, 8:00 a.m......2579 Friday, February 27, 1998, 9:00 a.m......2579 Thursday, March 5, 1998, 1:00 p.m......2579 Telecommunications Planning Group Friday, March 13, 1998, 1:30 p.m......2579 Texas Department of Transportation Thursday, February 26, 1998, 9:00 a.m......2580 University Interscholastic League Friday, February 20, 1998, Noon.....2580 Monday, February 23, 1998, 10:00 a.m......2580 The University of Texas at Austin Monday, February 23, 1998, 4:00 p.m......2580 Monday, March 2, 1998, 1:00 p.m......2581 The University of Texas Health Center at Tyler Thursday, March 5, 1998, Noon.....2581 University of North Texas/University of North Texas Health Science Center Thursday, February 26, 1998, 1:30 p.m......2581 Thursday, February 26, 1998, 1:30 p.m......2581 Thursday, February 26, 1998, 3:30 p.m......2581 Thursday, February 26, 1998, 3:30 p.m......2582 Friday, February 27, 1998, 8:00 a.m......2582 Texas Board of Veterinary Medical Examiners Thursday, February 26, 1998, 8:30 a.m......2582 Thursday, February 26, 1998, 8:30 a.m......2582 Texas Workers' Compensation Commission Wednesday, March 4, 1998, 1:00 p.m......2582 Wednesday, March 4, 1998, 1:15 p.m......2583 Wednesday, March 4, 1998, 1:45 p.m......2583 Texas Workforce Commission Tuesday, March 3, 1998, 9:00 a.m......2583 Regional Meetings ****IN ADDITION**** Texas Department of Agriculture Boll Weevil Eradication Penalty Guideline.....2588 Texas Commission on Alcohol and Drug Abuse Consultant Proposal Request.....2588 Office of the Attorney General Notice of Public Hearing.....2589 Automobile Theft Prevention Authority Request for Applications under the Automobile Theft Prevention Authority Fund.....2589 Children's Trust Fund of Texas Council Consultant Proposal Award.....2589 Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program .....2590 Office of the Consumer Credit Commission Notices of Rate Ceilings.....2591 Texas Court Reporters Certification Board Certification of Court Reporters.....2591 Disciplinary Action.....2592 Texas Credit Union Department Application(s) to Expand Field of Membership.....2592 Texas Department of Criminal Justice Notice of Contract Award.....2592 Request for Proposals.....2592 Request for Proposals-Cancellation.....2593 Deep East Texas Council of Governments Statement of Intent.....2593 General Services Commission Request for Qualifications for Selection of Heating Ventilation and Air Conditioning Testing, Adjustment, and Balancing Professional Services.....2593 Texas Department of Health Designation of Counseling Services of Texarkana as Site Serving Medically Underserved Populations.....2594 Designation of Health Connections as Site Serving Medically Underserved Populations.....2594 Notice of Request for Proposal (RFP) for Projects to Provide Early Intervention (EI) Services to Persons with Human Immunodeficiency Virus (HIV).....2594 Texas Department of Housing and Community Affairs Notice of Funding Availability.....2595 Texas Department of Insurance Insurer Services.....2595 Notices.....2595 Notices of Public Hearing.....2596 Third Party Administrator Applications.....2596 Texas Low-Level Radioactive Waste Disposal Authority Notice of Contract Award.....2596 Texas Department of Mental Health and Mental Retardation Notice of Public Hearing on Medicaid Rates.....2597 Texas Natural Resource Conservation Commission Notice of a Proposed General Permit.....2597 Notice of Public Hearing on Proposed 30 TAC Chapter 330.....2620 Notice of Public Hearing on Proposed 30 TAC Chapter 321.....2621 Public Notice.....2621 Texas Parks and Wildlife Department Annual Meeting of Gulf States Fisheries Commission.....2622 Public Utility Commission of Texas Notice of Application for Amendment to Service Provider Certificate of Operating Authority.....2622 Notice of Application for Service Provider Certificate of Operating Authority.....2622 Notices of Intent to File Pursuant to Public Utility Commission Substantive Rule sec.23.27.....2623 Notice of Intent to File Pursuant to P.U.C. Substantive Rule 23.28.....2624 Railroad Commission of Texas Invitation to Bid.....2624 San Antonio-Bexar County Metropolitan Planning Organization Request for Proposals.....2624