Texas Register
Vol. 23 No. 11
March 20, 1998
Pages 2913-3132

****ATTORNEY GENERAL****
Letter Opinion.....2921
Request for Opinion.....2921
****PROPOSED RULES****
General Services Commission
Central Pruchasing Division
1 TAC sec.sec.113.2, 113.7, 113.11.....2923
1 TAC sec.113.7.....2926
Texas Department of Agriculture
Egg Law
4 TAC sec.15.12.....2926
Texas Department of Economic Development
Electronic State Business Daily
10 TAC sec.sec.199.101-199.116.....2927
Public Utility Commission of Texas
Practice and Procedure
16 TAC sec.22.22.....2930
Substantive Rules
16 TAC 23.59.....2931
16 TAC sec.23.81.....2931
16 TAC 23.100.....2932
Substantive Rules Applicable to Electric Service Providers
16 TAC sec.25.301.....2932
Substantive Rules Applicable to Telecommunications Service Providers
16 TAC sec.26.161.....2936
Texas Alcoholic Beverage Commission
Marketing Practices
16 TAC sec.45.4.....2937
Texas State Board of Medical Examiners
Licensure
22 TAC sec.163.1.....2937
Schedule of Fees and Penalties
22 TAC sec.175.2.....2938
Acupuncture
22 TAC sec.183.17, sec.183.23.....2938
Texas State Board of Examiners of Psychologists 
Applications
22 TAC sec.463.25.....2939
22 TAC sec.463.26.....2940
22 TAC sec.463.26.....2940
Rules of Practice
22 TAC sec.465.38.....2941
Procedure
22 TAC sec.466.14.....2942
22 TAC sec.466.15.....2942
Texas Health Care Information Council
Health Care Information
25 TAC sec.sec.1301.12, 1301.17-1301.19.....2943
Texas Workers' Compensation Commission
General Medical Provisions 
28 TAC sec.133.206.....2944
Texas Natural Resource Conservation Commission 
Exemptions from Permitting
30 TAC sec.106.491.....2950
Control of Air Pollution from Motor Vehicles 
30 TAC sec.114.200.....2952
Control of Air Pollution by Permits for New Construction or Modification
30 TAC sec.sec.116.10, 116.11, 116.13, 116.14.....2958
30 TAC sec.sec.116.10, 116.11, 116.13-116.15.....2959
30 TAC sec.sec.116.110-116.112, 116.114-116.118.....2962
30 TAC sec.sec.116.110-116.112, 116.114-116.118.....2962
30 TAC sec.sec.116.120-116.126.....2968
30 TAC sec.sec.116.120-116.126.....2968
30 TAC sec.sec.116.130-116.134, 116.136, 116.137.....2970
30 TAC sec.sec.116.140, 116.141, 116.143.....2972
30 TAC sec.116.160, sec.116.161.....2972
30 TAC sec.116.170, sec.116.174.....2973
30 TAC sec.sec.116.180-116.183.....2974
30 TAC sec.sec.116.310-116.314.....2975
30 TAC sec.sec.116.610, 116.611, 116.614, 116.615, 116.617, 116.620, 
116.621.....2977
30 TAC sec.sec.116.710, 116.711, 116.714, 116.715, 116.721, 116.730, 116.740, 
116.750.....2981
Comptroller of Public Accounts
Tax Administration
34 TAC sec.3.721.....2984
Property Tax Administration
34 TAC sec.9.3041.....2984
Texas Youth Commission
Interaction with the Public
37 TAC sec.81.53.....2985
****WITHDRAWN RULES****
Health and Human Services Commission
Medicaid Reimbursement Rates
1 TAC sec.355.771.....2987
****ADOPTED RULES****
Office of the Secretary of State
Elections
1 TAC sec.sec.81.117, 81.121.....2989
Texas Department of Agriculture
Seed Quality
4 TAC sec.9.4.....2989
Texas Department of Housing and Community Affairs 
HOME Investment Partnerships Program
10 TAC sec.sec.53.50-53.57, 53.59-53.60, 53.62.....2990
Texas State Board of Examiners of Psychologists 
General Rulings
22 TAC sec.461.19.....2996
22 TAC sec.461.20.....2996
22 TAC sec.461.21.....2996
22 TAC sec.461.30.....2997
22 TAC sec.461.31.....2997
Applications
22 TAC sec.463.5.....2997
Procedure
22 TAC sec.466.43.....2998
Texas Department of Mental Health and Mental Retardation 
Medicaid Programs
25 TAC sec.sec.409.501, 409.503, 409.505, 409.507, 409.509, 409.511, 409.513, 
409.515.....2998
Center for Rural Health Initiatives
Executive Committee for the Center for Rural Health Initiatives
25 TAC sec.sec.500.103, 500.107.....3004
25 TAC sec.sec.500.201, 500.203, 500.205, 500.207, 500.209, 500.211, 500.213, 
500.215, 500.217.....3005
25 TAC sec.sec.500.301, 500.303, 500.305, 500.307, 500.309, 500.311, 500.313, 
500.315, 500.317, 500.319, 500.321, 500.323, 500.325, 500.327.....3007
Texas Department of Insurance
General Administration
28 TAC sec.1.205.....3008
Trade Practices
28 TAC sec.sec.21.2101-21.2106.....3009
Texas Natural Resource Conservation Commission 
Enforcement
30 TAC sec.70.4.....3011
Municipal Solid Waste
30 TAC sec.330.2.....3012
Comptroller of Public Accounts
Tax Administration
34 TAC sec.3.545.....3013
34 TAC sec.3.549.....3013
34 TAC sec.3.555.....3018
34 TAC sec.3.561.....3020
34 TAC sec.3.568.....3020
34 TAC sec.3.575.....3020
Texas Juvenile Probation Commission
Standards for Juvenile Pre-Adjudication Secure Detention Facilities
37 TAC sec.343.8, sec.343.9.....3021
Standards on Juvenile Post-Adjudication Secure Correctional Facilities
37 TAC sec.344.8.....3021
Texas Department of Human Services
Medicaid Eligibility
40 TAC sec.15.100.....3022
40 TAC sec.sec.15.415, 15.417, 15.430, 15.435.....3022
40 TAC sec.sec.15.430-15.434.....3029
40 TAC sec.15.455.....3029
Texas Department of Protective and Regulatory Services
Child Protective Services
40 TAC sec.700.523.....3030
40 TAC sec.700.701, sec.700.705.....3030
40 TAC sec.sec.700.702-700.704.....3030
40 TAC sec.sec.700.702-700.704.....3031
40 TAC sec.720.26, sec.720.65.....3031
24-Hour Care Licensing
40 TAC sec.720.29, sec.720.31.....3032
40 TAC sec.720.33.....3032
40 TAC sec.720.52.....3032
40 TAC sec.720.64.....3033
40 TAC sec.720.120.....3033
24-Hour Care Licensing
40 TAC sec.720.137.....3033
40 TAC sec.720.207.....3033
40 TAC sec.720.243.....3034
40 TAC sec.720.305, sec.720.326.....3034
40 TAC sec.sec.720.363, 720.367, 720.370, 720.374.....3034
40 TAC sec.720.425, sec.720.426.....3035
40 TAC sec.sec.720.511, 720.533, 720.535.....3036
40 TAC sec.720.916.....3036
General Licensing Procedures
40 TAC sec.725.1801.....3036
40 TAC sec.725.2027.....3037
40 TAC sec.725.4020.....3037
40 TAC sec.725.4051.....3042
40 TAC sec.sec.725.6070-725.6072.....3043
Texas Department of Transportation
Public Transportation
43 TAC sec.31.3.....3044
43 TAC sec.sec.31.11, 31.13.....3046
43 TAC sec.31.49.....3047
****RULE REVIEW****
Agency Rule Review Plan
Texas Department of Aging.....3049
Proposed Rule Reviews
Texas Department on Aging.....3049
Public Utility Commission of Texas.....3049
Public Utility Commission of Texas.....3049
****TABLES AND GRAPHICS****
Tables and Graphics
Tables and Graphics.....3051
****OPEN MEETINGS****
Texas Commission on Alcohol and Drug Abuse
Tuesday, March 17, 1998, 9:00 a.m......3053
Friday, March 20, 1998, 11:00 a.m......3053
Automobile Theft Prevention Authority 
Monday-Thursday, April 6-9, 1998, 9:00 a.m......3053
The State Bar of Texas
Thursday, March 12, 1998, 9:00 a.m......3054
Comptroller of Public Accounts
Thursday, March 12, 1998, 9:00 a.m......3054
Texas State Board of Examiners of Professional Counselors
Thursday, March 19, 1998, 1:00 p.m......3054
Friday, March 20, 1998, 8:30 a.m......3054
Friday, March 20, 1998, 9:30 a.m......3054
Friday, March 20, 1998, 10:30 a.m......3055
Friday, March 20, 1998, 1:00 p.m......3055
Friday, March 20, 1998, 2:00 p.m......3055
Saturday, March 21, 1998, 9:00 a.m......3055
Office of Court Administration
Friday, March 27, 1998, 9:30 a.m......3056
Friday, March 27, 1998, 10:30 a.m......3056
Friday, March 27, 1998, 2:00 p.m......3056
Thursday, April 2, 1998, 10:00 a.m......3056
Texas Court Reporters Certification Board 
Saturday, March 14, 1998, 9:30 a.m......3056
Texas Department of Criminal Justice 
Thursday, March 12, 1998, 3:00 p.m......3057
Thursday, March 12, 1998, 4:00 p.m......3057
Thursday, March 12, 1998, 4:30 p.m......3057
Friday, March 13, 1998, 9:00 a.m......3058
State Board of Dental Examiners
Thursday, March 26, 1998, 10:00 a.m......3058
Thursday, March 26, 1998, 1:30 p.m......3058
Thursday, March 26, 1998, 2:30 p.m......3058
Thursday, March 26, 1998, 4:00 p.m......3059
Friday, March 27, 1998, 7:45 a.m......3059
Friday-Saturday, March 27-28, 1998, 8:30 a.m......3059
Texas Council on Purchasing From People with Disabilities
Friday, March 27, 1998, 10:00 a.m......3060
State Employee Charitable Campaign
Tuesday, March 17, 1998, 11:00 a.m......3060
Thursday, March 19, 1998, 10:00 a.m......3060
Monday, March 23, 1998, 2:30 p.m......3060
Tuesday, March 24, 1998, at Noon......3060
Wednesday, March 25, 1998, 10:00 a.m......3061
General Land Office
March 17, 1998, 2:30 p.m......3061
March 17, 1998, 3:30 p.m......3061
Texas Department of Health
Saturday, March 14, 1998, 9:30 a.m......3061
Saturday, March 14, 1998, 11:30 a.m......3062
Tuesday, March 17, 1998, 1:30 p.m......3062
Wednesday, March 18, 1998, 6:00 p.m......3062
Thursday, March 19, 1998, 8:30 a.m......3062
Thursday, March 19, 1998, 9:00 a.m......3062
Thursday, March 19, 1998, 9:00 a.m. and 10:30 a.m......3063
Thursday, March 19, 1998, 10:00 a.m......3063
Thursday, March 19, 1998, 12:30 p.m......3063
Thursday, March 19, 1998, 2:00 p.m......3063
Thursday, March 19, 1998, 3:00 p.m......3063
Thursday, March 19, 1998, 4:30 p.m......3064
Friday, March 20, 1998, 8:30 a.m......3064
Friday, March 20, 1998, 9:30 a.m......3064
Texas Higher Education Coordinating Board 
Tuesday, March 24, 1998, 12:30 p.m......3065
Monday, March 30, 1998, 9:00 a.m......3065
Texas Department of Human Services (TDHS) 
Tuesday-Wednesday, March 17-18, 1998, 9:00 a.m......3065
Texas Department of Insurance (“TDI”) 
Friday, March 13, 1998, 9:30 a.m. and 1:30 p.m......3065
Friday, March 20, 1998, 1:00 p.m......3065
Wednesday, March 25, 1998, 9:00 a.m......3066
Monday, March 30, 1998, 9:00 a.m......3066
Tuesday, March 31, 1998, 1:00 p.m......3066
Wednesday, April 1, 1998, 9:00 a.m......3066
Thursday, April 2, 1998, 9:00 a.m......3066
Board of Law Examiners
Thursday, March 12, 1998, 8:30 a.m......3066
Board for Lease of University Lands
Tuesday, March 17, 1998, 10:00 a.m......3067
Texas Department of Licensing and Regulation 
Thursday, March 19, 1998, 9:00 a.m......3067
Thursday, March 19, 1998, 1:30 p.m......3067
Texas Natural Resource Conservation Commission, Galveston Bay Estuary Program
Wednesday, March 25, 1998, 9:30 a.m......3067
Texas Natural Resource Conservation Commission 
Wednesday, March 18, 1998, 8:30 a.m......3068
Wednesday, March 18, 1998, 1:00 p.m......3068
Wednesday, April 8, 1998, 9:30 a.m......3068
Tuesday, April 14, 1998, 7:00 p.m......3068
Board of Nurse Examiners
Thursday-Friday, March 12-13, 1998, 8:30 a.m......3068
Texas State Board of Pharmacy
Friday, March 20, 1998, 9:00 a.m......3068
Friday, April 3, 1998, 9:00 a.m......3069
Friday, April 17, 1998, 9:00 a.m......3069
Texas State Board of Podiatric Medical Examiners
Friday, March 6, 1998, 10:00 a.m......3069
Texas Department of Protective and Regulatory Services
Friday, March 27, 1998, 10:00 a.m......3069
Texas State Board of Public Accountancy 
Friday, March 20, 1998, 9:00 a.m......3069
Texas Public Finance Authority
Wednesday, March 18, 1998, 10:30 a.m......3070
Public Utility Commission of Texas
Thursday, March 12, 1998, 9:30 a.m......3070
Monday, March 16, 1998, 9:00 a.m......3070
Monday, March 16, 1998, 9:00 a.m......3070
Thursday, March 19, 1998, 9:00 a.m......3071
Friday, March 20, 1998, 9:00 a.m......3071
Wednesday, March 25, 1998, 9:30 a.m......3071
Thursday, April 2, 1998, 9:30 a.m......3071
Thursday, April 23, 1998, 9:30 a.m......3071
Texas Racing Commission
Friday, March 13, 1998, 10:00 a.m......3071
Railroad Commission of Texas
Tuesday, March 17, 1998, 9:30 a.m......3072
Tuesday, March 17, 1998, 9:30 a.m......3072
Telecommunications Infrastructure Fund Board
Friday, March 13, 1998, 10:30 a.m......3072
Texas A&M University System, Board of Regents
Saturday, March 7, 1998, 5:00 p.m......3072
Thursday, March 12, 1998, 9:00 a.m., reconvene March 13, 1998, 8:30 
a.m......3073
Texas State Technical College System 
Monday, March 16, 1998, 10:00 a.m......3073
Monday, March 16, 1998, 11:00 a.m......3073
Monday, March 16, 1998, 11:00 a.m......3073
Texas State University System
Tuesday, March 10, 1998, 4:00 p.m......3073
Texas Woman's University Board of Regents 
Thursday, March 12, 1998, 1:00 p.m......3074
Thursday, March 12, 1998, 2:00 p.m......3074
Friday, March 13, 1998, 9:00 a.m......3074
Friday, March 13, 1998, 9:00 a.m......3074
Friday, March 13, 1998, 10:00 a.m......3074
Friday, March 13, 1998, 1:00 p.m......3075
Friday, March 13, 1998, 1:00 p.m......3075
Texas Department of Transportation
Thursday, March 12, 1998, 9:30 a.m......3076
Friday, April 3, 1998, 9:30 a.m......3076
University Interscholastic League
Thursday, March 12, 1998, 10:00 a.m......3076
University of Houston
Monday, March 16, 1998, 1:00 p.m......3076
Texas Water Development Board
Thursday, March 12, 1998, 9:00 a.m......3076
Texas Youth Commission
Wednesday, March 18, 1998, 4:00 p.m......3077
Wednesday, March 18, 1998, 5:00 p.m......3077
Wednesday, March 18, 1998, 5:30 p.m......3077
Thursday, March 19, 1998, 8:30 a.m......3077
Regional Meetings
****IN ADDITION****
Texas Department of Agriculture
Notice of Public Hearings.....3083
Texas Commission on Alcohol and Drug Abuse
Notice of Intent to Fund.....3083
Texas Commission for the Blind
Request for Proposals, FFY 1998 Employment Services.....3084
Children's Trust Fund of Texas Council 
Request for Proposal.....3085
Office of Consumer Credit Commissioner 
Notice of Rate Ceilings.....3086
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program.....3086
Comptroller of Public Accounts
Local Sales Tax Rate Changes Effective April 1, 1998.....3087
Notice of Consultant Contract Award.....3090
Deep East Texas Council of Governments 
Request for Proposal.....3090
Texas Department of Economic Development 
Notice of Consultant Contract Award.....3091
Texas Education Agency
Correction of Error.....3091
State Board for Educator Certification
Request for Application Concerning Centers for the Professional Development of 
Teachers - Phase 19.....3091
Texas Department of Health
Correction for the Notice of Request for Proposals (RFP) for Human 
Immunodeficiency Virus (HIV) Prevention Activities.....3092
Correction of Errors.....3092
Licensing Action for Radioactive Materials for the period February 1 — 
February 15, 1998.....3093
Licensing Action for Radioactive Materials for the period February 16 — 
February 28, 1998.....3096
Notice of Emergency Cease and Desist Order - Palo Pinto General 
Hospital.....3098
Notice of Emergency Cease and Desist Order - Parkview Regional Hospital.....3099
Notice of Public Presentation on Medicaid Managed Care in the El Paso Service 
Area.....3099
Notice of Request for Proposals (RFP) for the Breast and Cervical Cancer Control 
Program.....3099
Notice of Request for Proposal (RFP) for Emergency Medical Services (EMS) Local 
Projects Grant Program.....3100
Notice of Request for Proposals (RFP) for Human Immunodeficiency Virus (HIV) 
Prevention Activities.....3101
Notice of Revocation of Certificates of Registration.....3102
Notice of Revocation of a Radioactive Material License - Step Rate Testers, 
Inc......3102
Texas Health and Human Services Commission 
Notice of Public Hearing.....3102
Texas Department of Housing and Community Affairs
HOME Investment Partnerships Program Community Housing Development Organizations 
Notice of Funding Availability.....3103
HOME Investment Partnerships Program Notice of Funding Available.....3103
Notice of Administrative Hearing (MHD1997001597M).....3104
Notice of Administrative Hearing (MHD1996001781D).....3104
HOME Investment Partnerships Program.....3104
Texas Department of Human Services
Notice of Public Hearings-Statewide Program.....3105
Texas Department of Insurance
Correction of Error.....3106
Insurer Services.....3106
Notice.....3106
Notice of Public Hearing.....3106
Third Party Administrator Application.....3107
Third Party Administrator Applications.....3107
Texas Natural Resource Conservation Commission 
Correction of Error.....3107
Notice Of Application For Municipal Solid Waste Management Facility Permit For 
The Period of March 2, 1998 to March 6, 1998.....3107
Notice of Applications for Waste Disposal/Discharge Permits For the Week Ending 
March 2, 1998-March 6, 1998.....3108
Notice of Operating Permit Due Dates: Expiration of FCAA, sec.182(f) Exemption 
for HGA and BPA Ozone Nonattainment Areas.....3108
Notice of Operating Permit Due Dates: Dallas/Fort Worth Area Ozone Nonattainment 
Area Reclassification.....3109
Notice of Public Hearing (sec.106.491).....3109
Notice of Public Hearing (Chapter 114).....3109
Notice of Public Hearing (Chapter 116).....3109
Proposal for Decision.....3110
Provisionally-Issued Temporary Permits to Appropriate State Water Listed below 
are permits issued during the period of March 6, 1998.....3110
North Texas Local Workforce Development Board
Request for Proposal CY98 Title IIB Summer Youth Employment and Training 
Program.....3110
Texas Department of Protective and Regulatory Services
Meeting Open to the Public Regarding Development of Rules Governing the Use of 
Behavior Interventions.....3111
Public Utility Commission of Texas
Notice of Application For Amendment To Service Provider Certificate of Operating 
Authority.....3111
Notice Of Application For Certificate Of Operating Authority.....3111
Notice Of Application For Service Provider Certificate Of Operating 
Authority.....3111
Notice of Application For Service Provider Certificate of Operating 
Authority.....3112
Notice of Application For Service Provider Certificate of Operating 
Authority.....3112
Notice of Intent To File Pursuant To Public Utility Commission Substantive Rule 
23.27.....3112
Notice of Workshop On Telecommunication Pricing Rule.....3113
Public Notice of Interconnection Agreement.....3113
Texas A&M University System, Board of Regents
Request for Proposal: Relocation Services and Financial Information 
Services.....3113
The University of Texas System
Request for Information-U.T. System Identification Smart Card.....3114
Texas Department of Transportation
Notice of Invitation-Abilene District.....3114
Notice of Invitation-General Services Division.....3116
Notice of Invitation-Lufkin District.....3117
Notice of Invitation-Odessa District.....3119
Notice of Invitation-Public Transportation.....3121
Texas Water Development Board
Applications Received.....3122
Notice of Hearing.....3123
Request for Proposals.....3123
Texas Workforce Commission
Correction of Error.....3124
Notices of Contract Award.....3124