Texas Register
Vol. 23 No. 11
March 13, 1998
Pages 2627-2912

****GOVERNOR****
Office of the Governor
Appointments made January 22, 1998.....2635
****ATTORNEY GENERAL****
Open Records Request.....2637
Request for Opinions.....2637
****TEXAS ETHICS COMMISSION****
Texas Ethics Commission
Ethics Advisory Opinions.....2639
Advisory Opinion Request.....2639
****EMERGENCY RULES****
Texas Housing and Community and Affairs
Manufactured Housing
10 TAC sec.80.54.....2641
Texas Higher Education Coordinating Board
Student Services
19 TAC sec.21.6.....2642
****PROPOSED RULES****
Advisory Commission on State Emergency Communications 
Regional Plans - Standards
1 TAC sec.251.7.....2643
Texas Department of Agriculture
Boll Weevil Eradication Program
4 TAC sec.3.113.....2645
Finance Commission of Texas
Consumer Credit Commissioner
7 TAC sec.sec.1.30-1.34, 1.36-1.40.....2645
7 TAC sec.sec.1.31-1.34, 1.36-1.40.....2650
Public Utility Commission of Texas
Substantive Rules
16 TAC sec.23.17.....2651
16 TAC sec.23.53.....2652
Substantive Rules Applicable to Electric Service Providers
16 TAC sec.25.41.....2654
16 TAC sec.25.87.....2655
16 TAC sec.25.221.....2655
Texas Higher Education Coordinating Board
Program Development
19 TAC sec.5.10.....2657
19 TAC sec.sec.5.261-5.267.....2658
19 TAC sec.sec.5.311, 5.312, 5.314-5.318.....2658
19 TAC sec.5.313.....2661
19 TAC sec.5.313.....2662
Creation, Expansion, Dissolution, or Conservatorship of Public Community/Junior 
College Districts
19 TAC sec.8.1.....2664
19 TAC sec.sec.8.21-8.36.....2666
19 TAC sec.sec.8.51-8.56.....2669
19 TAC sec.sec.8.71-8.76.....2670
19 TAC sec.sec.8.91-8.103.....2672
19 TAC sec.sec.8.121-8.123.....2674
Public Junior Colleges
19 TAC sec.sec.9.1-9.4.....2675
19 TAC sec.sec.9.21-9.31.....2676
19 TAC sec.sec.9.41-9.48.....2676
19 TAC sec.sec.9.231-9.238.....2677
Instutional Effectiveness in Public Community/Junior College Districts
19 TAC sec.sec.10.1-10.3.....2678
19 TAC sec.sec.10.21-10.24.....2679
Proprietary Schools
19 TAC sec.12.24.....2680
19 TAC sec.12.52.....2680
Student Services
19 TAC sec.21.6.....2681
19 TAC sec.sec.21.251-21.265.....2682
19 TAC sec.sec.21.251-21.263.....2683
19 TAC 21.285, 21.288.....2685
19 TAC 21.289.....2686
19 TAC sec.21.958.....2686
19 TAC sec.21.982.....2687
19 TAC sec.sec.21.1055-21.1060, 21.1062-21.1069.....2687
19 TAC sec.21.1070.....2691
19 TAC sec.sec.21.2001-21.2008.....2691
Texas State Board of Pharmacy
Generic Substitution
22 TAC sec.309.3.....2692
Texas Real Estate Commission
Provisions of the Real Estate License Act
22 TAC sec.535.71.....2693
22 TAC sec.535.81.....2694
22 TAC sec.sec.535.92, 535.93, 535.95.....2694
22 TAC sec.535.101.....2695
22 TAC sec.sec.535.111-535.113.....2696
22 TAC sec.sec.535.121-535.123.....2696
22 TAC sec.535.131, sec.535.133.....2697
22 TAC sec.sec.535.141, 535.143, 535.144, 535.146, 535.150, 535.154-
535.160.....2698
22 TAC sec.535.300.....2700
Texas Department of Mental Health and Mental Retardation 
Protection of Clients and Staff
25 TAC sec.sec.404.1-404.17.....2700
Abuse, Neglect, and Exploitation in TDMHMR Facilities 
25 TAC sec.sec.417.501-417.518.....2701
Texas Department of Insurance
Property and Casualty Insurance
28 TAC sec.5.4016.....2712
Trade Practices
28 TAC sec.21.102, sec.21.114.....2715
28 TAC sec.sec.21.2201-21.2214.....2716
Texas Parks and Wildlife Department
Finance
31 TAC sec.sec.53.6-53.7.....2724
31 TAC sec.53.8.....2725
31 TAC sec.53.60.....2725
Law Enforcement
31 TAC sec.sec.55.801-55.807.....2726
Fisheries
31 TAC sec.sec.57.111-57.114.....2728
Oysters and Shrimp
31 TAC sec.58.160.....2730
31 TAC sec.sec.58.201-58.210.....2730
Wildlife
31 TAC sec.sec.65.3, 65.9-65.11, 65.24, 65.26, 65.28, 65.30, 65.31.....2734
31 TAC sec.65.33.....2737
31 TAC sec.sec.65.42, 65.46, 65.54.....2738
31 TAC sec.65.50, sec.65.52.....2739
31 TAC sec.65.71, sec.65.72.....2739
31 TAC sec.sec.65.190, 65.193, 65.200.....2741
31 TAC sec.65.78.....2742
Resource Protection
31 TAC sec.69.75, sec.69.77.....2744
Comptroller of Public Accounts
Property Tax Administration
34 TAC sec.9.415.....2746
Employees Retirement System of Texas
Flexible Benefits
34 TAC sec.sec.85.1, 85.3, 85.7, 85.9.....2746
Texas Department of Public Safety
Drivers License Rules
37 TAC sec.sec.15.111, 15.119, 15.120.....2748
Texas Board of Pardons and Paroles
General Provisions
37 TAC sec.sec.141.1-141.4, 141.7.....2749
Parole
37 TAC sec.145.12.....2750
Texas Department of Human Services
Personal Care Facilities
40 TAC sec.sec.92.1, 92.2.....2752
40 TAC sec.sec.92.2-92.4.....2752
40 TAC sec.sec.92.10-92.20.....2755
40 TAC sec.92.21.....2758
40 TAC sec.92.41.....2758
40 TAC sec.sec.92.61-92.63.....2762
40 TAC 92.81, 92.82.....2769
40 TAC sec.92.101.....2770
40 TAC 92.101-92.103, 92.106.....2770
40 TAC sec.92.129.....2772
40 TAC sec.sec.92.153-92.155.....2772
Certification of Long Term Care Facilities
40 TAC sec.96.6.....2773
Texas Rehabilitation Commission
Informal and Formal Appeals by Applicants/Clients of Decisions by a 
Rehabilitation Counselor or Agency Official
40 TAC sec.104.5.....2774
Texas Department of Protective and Regulatory Services
Day Care Licensing
40 TAC sec.715.231.....2775
40 TAC sec.715.330.....2775
40 TAC sec.715.433.....2775
40 TAC sec.sec.715.501-715.507.....2776
General Licensing Procedures
40 TAC sec.725.1001.....2776
40 TAC sec.725.1403.....2777
40 TAC sec.725.1804.....2777
40 TAC sec.sec.725.2002, 725.2018, 725.2020, 725.2023, 725.2024, 725.2028, 
725.2030, 725.2033, 725.2046.....2777
40 TAC sec.725.2025, sec.725.2031.....2778
40 TAC sec.725.4052.....2778
40 TAC sec.725.7001.....2779
Texas Department of Transportation
Public Information
43 TAC sec.3.12, sec.3.14.....2779
Contract Management 
43 TAC sec.9.3.....2781
Vehicle Titles and Registration
43 TAC sec.17.21, sec.17.28.....2783
Right of Way
43 TAC sec.sec.21.411, 21.421, 21.451, 21.471, 21.481, 21.521, 21.541, 21.542, 
21.551, 21.561, 21.572.....2792
****WITHDRAWN RULES****
Texas Board of Private Investigators and Private Security Agencies
Guard Dog Company
22 TAC sec.sec.428.3-428.6, 428.8.....2797
Application and Examination
22 TAC sec.sec.429.2.....2797
Texas Department of Mental Health and Mental Retardation 
Protection of Clients and Staff
25 TAC sec.sec.404.1-404.17.....2797
Agency and Facility Responsibilities
25 TAC sec.sec.417.501-417.518.....2797
Texas Parks and Wildlife Department
Resource Protection
31 TAC sec.69.75, sec.69.77.....2798
****ADOPTED RULES****
Railroad Commission of Texas
Liquefied Petroleum Gas Division
16 TAC sec.9.651.....2800
16 TAC sec.9.1351.....2800
16 TAC sec.9.1751, sec.9.1752.....2800
Alternative Fuels Research and Education Division 
16 TAC sec.sec.15.1, 15.2, 15.21-15.27.....2805
16 TAC sec.sec.15.1, 15.3, 15.5, 15.41, 15.45, 15.50, 15.55, 15.60, 15.65, 
15.70, 15.75, 15.80, 15.85, 15.90, 15.95, 15.100,.....2805
Public Utility Commission of Texas
Substantive Rules
16 TAC sec.23.52, sec.23.56.....2810
Texas Board of Professional Engineers
Practice and Procedure
22 TAC sec.sec.131.1-131.3, 131.7-131.10, 131.12, 131.14, 131.15, 131.17-
131.19.....2810
22 TAC sec.sec.131.52-131.55.....2811
22 TAC sec.131.71.....2811
22 TAC sec.131.81.....2811
22 TAC sec.131.91.....2811
22 TAC sec.sec.131.101-131.104.....2812
22 TAC sec.131.113.....2812
22 TAC sec.131.131.....2812
22 TAC sec.sec.131.134-131.136.....2812
22 TAC sec.131.151, sec.131.152.....2813
22 TAC sec.sec.131.162, 131.163, 131.166, 131.167.....2813
22 TAC sec.131.168.....2813
Texas State Board of Pharmacy
Licensing Requirements for Pharmacists
22 TAC sec.283.2, sec.283.4.....2814
Pharmacies
22 TAC sec.sec.291.51-291.54.....2814
22 TAC sec.sec.291.51-291.55.....2815
Education Requirements
22 TAC sec.305.1.....2819
Structural Pest Control Board
Treatment Standards
22 TAC sec.599.5, sec.599.6.....2820
Texas State Board of Examiners of Dietitians 
Dietitians
22 TAC sec.sec.711.7, 711.9, 711.17.....2821
Texas State Board of Examiners of Perfusionists 
Perfusionists
22 TAC sec.761.6.....2822
Texas Natural Resource Conservation Commission 
Used Oil
30 TAC sec.sec.324.4, 324.11-324.14, 324,22.....2824
30 TAC sec.sec.324.17-324.20.....2825
General Land Office
Land Resources
31 TAC sec.sec.13.60-13.67.....2826
Texas Parks and Wildlife Department
Executive
31 TAC sec.51.164.....2828
Fisheries
31 TAC sec.sec.57.701, 57.703, 57.705, 57.707.....2828
Texas Board of Pardons and Paroles
Executive Clemency
37 TAC sec.143.2.....2829
Texas Workforce Commission
General Administration
40 TAC sec.sec.800.201-800.204.....2829
Interagency Matters
40 TAC sec.sec.819.1-819.3.....2830
Texas Department of Transportation
Traffic Operations
43 TAC sec.sec.25.401, 25.407, 25.409.....2830
Toll Projects
43 TAC sec.sec.27.40-27.43.....2833
****RULE REVIEW****
Adopted Rule Reviews
Texas State Board of Pharmacy.....2837
Proposed Rule Review
Coastal Coordination Council.....2837
****TABLES AND GRAPHICS****
Tables and Graphics.....2839
****OPEN MEETINGS****
Texas State Board of Public Accountancy
Wednesday, March 11, 1998, 8:30 a.m......2849
Wednesday, March 11, 1998, 10:00 a.m......2849
Wednesday, March 11, 1998, 1:00 p.m......2849
Wednesday, March 11, 1998, 1:00 p.m......2850
Wednesday, March 11, 1998, 3:00 p.m......2850
Thursday, March 12, 1998, 9:00 a.m......2850
Texas Commission for the Blind
Wednesday, March 11, 1998, 10:00 a.m......2850
Texas Bond Review Board
Tuesday, March 10, 1998, 9:00 a.m......2850
State Cemetery Committee
Thursday, March 12, 1998, 11:00 a.m......2851
Office of Court Administration
Friday, March 20, 1998, 1:00 p.m......2851
Friday, March 27, 1998, 10:30 a.m......2851
Credit Union Department
Friday, March 6, 1998, 10:00 a.m......2851
Texas Department of Criminal Justice 
Monday, March 9, 1998, 9:00 a.m......2852
Wednesday, March 11, 1998, 1:00 p.m......2852
Thursday, March 12, 1998, 9:30 a.m......2852
Texas Commission for the Deaf and Hard of Hearing
 Friday, March 6, 1998, 9:00 a.m......2852
State Board of Dental Examiners
Friday, March 20, 1998, 10:00 a.m......2853
Advisory Commission on State Emergency Communications
Wednesday, March 11, 1998, 1:30 p.m......2853
Texas Board of Professional Engineers 
Friday, March 13, 1998, 1:00 p.m......2853
Friday, March 13, 1998, 1:30 p.m......2854
Texas Genetics Network
Thursday, April 2, 1998, 1:00 p.m......2854
Thursday, April 2, 1998, 4:30 p.m......2854
Office of the Governor
Wednesday-Thursday, March 11-12, 1998, 5:30 p.m. and 2:30 p.m. 
respectively.....2854
Texas Department of Health
Friday, March 27, 1998, 10:00 a.m......2855
Texas Health Care Information Council 
Friday, February 27, 1998, 8:00 a.m......2855
Friday, February 27, 1998, 10:00 a.m......2855
Monday, March 9, 1998, 1:00 p.m......2855
Texas Healthy Kids Corporation (“THKC”) 
Wednesday, March 11, 1998, 9:30 a.m......2856
Texas Higher Education Coordinating Board 
Wednesday, March 11, 1998, 9:30 a.m......2856
Texas House of Representatives
Wednesday, March 11, 1998, 9:00 a.m......2856
Wednesday, March 11, 1998, 1:30 p.m......2856
Monday, March 16, 1998, 10:00 a.m......2856
Wednesday, April 8, 1998, 10:00 a.m......2857
Texas Department of Housing and Community Affairs
Friday, March 6, 1998, 10:00 a.m......2857
Texas Department of Human Services (TDHS) 
Friday, March 6, 1998, 10:00 a.m......2857
Thursday, March 12, 1998, 10:00 a.m......2857
Texas Department of Insurance
Thursday, March 12, 1998, 10:00 a.m......2857
Friday, March 13, 1998, 9:30 a.m......2858
Monday, March 23, 1998, 9:00 a.m......2858
Tuesday, March 24 1998, 10:00 a.m......2858
Wednesday, March 25, 1998, 9:00 a.m......2858
Wednesday, March 25, 1998, 9:00 a.m......2858
Thursday, March 26, 1998, 9:00 a.m......2859
Friday, March 27, 1998, 1:00 p.m......2859
Board of Law Examiners
Thursday, March 12, 1998, 8:30 a.m......2859
Friday, March 13, 1998, 8:30 a.m......2859
Texas Department of Licensing and Regulation 
Tuesday, March 10, 1998, 9:00 a.m......2859
Tuesday, March 10, 1998, 9:00 a.m......2859
Tuesday, March 10, 1998, 1:30 p.m......2860
Wednesday, March 11, 1998, 9:00 a.m......2860
Wednesday-Thursday, March 11-12, 1998, 1:00 p.m. and 8:00 a.m. 
respectively.....2860
Monday, March 16, 1998, 9:30 a.m......2860
State Medical Education Board
Saturday, March 14, 1998, 1:30 p.m......2860
Texas Natural Resource Conservation Commission 
Thursday March 5, 1998, 9:00 a.m......2861
Tuesday, March 10, 1998, 10:00 a.m......2861
Thursday, April 2, 1998, 7:00 p.m......2861
Tuesday, April 7, 1998, 7:00 p.m......2861
Thursday, April 16, 1998, 9:00 a.m......2862
Board of Nurse Examiners
Wednesday, March 11, 1998, 9:30 a.m......2862
Wednesday, March 11, 1998, 10:00 a.m......2862
Texas Optometry Board
Wednesday, March 11, 1998, 9:00 a.m......2862
Texas Pension Review Board
Friday, March 13, 1998, 11:30 a.m......2862
Friday, March 13, 1998, 1:30 p.m......2863
Friday, March 13, 1998, 1:30 p.m......2863
Texas Polygraph Examiners Board
Thursday-Friday, March 19-20, 1998, 10:30 a.m. and 8:00 a.m. 
respectively.....2863
Texas Board of Private Investigators and Private Security Agencies
Friday, March 13, 1998, 9:30 a.m......2864
Public Utility Commission of Texas
Monday, March 9, 1998, 10:00 a.m......2864
Tuesday, March 10, 1998, 9:30 a.m......2864
Texas Municipal Retirement System
Friday, March 27, 1998, 3:00 p.m......2864
Saturday, March 28, 1998, 8:30 a.m......2865
Teacher Retirement System of Texas
Tuesday, March 10, 1998, Noon.....2865
Telecommunications Infrastructure Fund Board
Friday, March 13, 1998, 8:30 a.m......2865
Friday, March 13, 1998, 9:30 a.m......2865
Friday, March 13, 1998, 10:00 a.m......2865
Friday, March 13, 1998, 10:30 a.m......2866
Texas Tech University
Thursday, March 12, 1998, 8:30 a.m......2866
Texas Department of Transportation
Monday, March 9, 1998, 9:30 a.m......2866
University Interscholastic League
Tuesday, March 3, 1998, 9:00 a.m......2866
Thursday, March 5, 1998, Noon......2867
The University of Texas System
Friday, March 6, 1998, 9:30 a.m......2867
Texas Water Development Board
Wednesday, March 11, 1998, 3:00 p.m......2867
Wednesday, March 11, 1998, 4:00 p.m......2868
Texas Windstorm Insurance Association 
Friday, March 13, 1998, 8:30 a.m......2868
Friday, March 13, 1998, 10:00 a.m......2868
Texas Workers' Compensation Commission 
Thursday, March 5, 1998, 9:00 a.m......2868
Thursday, March 5, 1998, 9:00 a.m......2869
Texas Workforce Commission
Tuesday, March 10, 1998, 9:00 a.m......2869
Regional Meetings
****IN ADDITION****
Coastal Coordination Council
Notice and Opportunity.....2875
Office of Consumer Credit Commissioner 
Notice of Rate Ceilings.....2876
State Finance Commission
Request for Proposal.....2876
Texas Health and Human Services Commission 
Children's Health Insurance Program Public Hearing.....2876
Texas Department of Health
Notice of Intent to Revoke Certificates of Registration.....2877
Notice of Intent to Revoke Radioactive Material Licenses.....2877
Texas Department of Housing and Community Affairs
Request for Proposal.....2880
Housing Trust Fund Notice of Funding Availability.....2880
Notice of Administrative Hearing.....2880
Notice of Public Hearing.....2881
Request for Proposals.....2882
Texas Department of Human Services
Availability of Title XX Social Service Block Grant Report.....2883
Request for Proposal - CLASS Case Management Services Austin Area.....2883
Request for Proposal - CLASS Direct Services Austin Area.....2883
Texas Department of Insurance
Notice.....2884
Notice.....2886
Notice of Public Hearing.....2886
Third Party Administrator Applications.....2886
Texas Natural Resource Conservation Commission 
Enforcement Orders.....2886
Notice Of Application.....2889
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement 
Actions.....2892
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions.....2893
Notice Of Receipt Of Application And Declaration Of Administrative Completeness 
For Municipal Solid Waste Management Facility.....2896
Provisionally-Issued Temporary Permits.....2896
Public Notice.....2897
Texas Department of Protective and Regulatory Services
Request for Proposal-Independent Assessment and Assignment of Children Entering 
PRS Care in the Arlington Region.....2897
Second Meeting Open.....2898
Public Utility Commission of Texas
Notice of Application.....2898
Notice of Application to Amend Certificate of Convenience and Necessity.....2899
Notice of Application for Amendment to Service Provider Certificate of Operating 
Authority.....2899
Notice of Application for Service Provider Certificate of Operating 
Authority.....2900
Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 
23.27.....2900
Notice of Second Workshop on Interconnection Rule.....2900
Public Notice of Interconnection Agreement.....2900
Research and Oversight Council on Worker's Compensation
Southwest Texas State University
Extension of Consultant Contract.....2905
Texas Department of Transportation
Notice of Invitation.....2905
Public Notice.....2910