Texas Register
Vol. 23 No. 13
March 27, 1998
Pages 3133-3376

****ATTORNEY GENERAL****
****PROPOSED RULES****
Texas Department of Agriculture
Boll Weevil Eradication Program
4 TAC sec.3.114.....3143
Office of Consumer Credit Commissioner
Rules of Operations for Pawnshops
7 TAC sec.85.2.....3144
Public Utility Commission of Texas
Substantive Rules
16 TAC sec.23.47.....3144
16 TAC sec.23.62.....3145
Substantive Rules Applicable to Electric Service Providers
16 TAC sec.25.51.....3145
16 TAC sec.sec.25.121-25.128.....3147
Texas Education Agency
Regional Education Service Centers
19 TAC sec.53.1.....3150
19 TAC sec.53.1001.....3150
School Districts
19 TAC sec.sec.61.11-61.14.....3151
19 TAC sec.61.1033.....3152
Commissioner's Rules Concerning the Equalized Wealth Level
19 TAC sec.62.1071.....3154
Curriculum Requirements
19 TAC sec.sec.74.1-74.3.....3156
19 TAC sec.sec.74.11-74.13.....3158
19 TAC sec.sec.74.22-74.27, 74.30.....3162
Curriculum
19 TAC sec.sec.75.21-75.32.....3164
19 TAC sec.sec.75.41-75.52.....3164
19 TAC sec.sec.75.61-75.70.....3165
19 TAC sec.sec.75.82-75.89.....3165
19 TAC sec.sec.75.121-75.123.....3166
Texas Essential Knowledge and Skills for Languages Other Than English
19 TAC sec.sec.114.27-114.29.....3166
Commissioner's Rules Concerning Educator Appraisal 
19 TAC sec.150.1021, sec.150.1022.....3169
Texas Board of Chirporatice Examiners
Licenses and Renewals
22 TAC sec.73.3, sec.73.5.....3171
Texas Funeral Service Commission
Licensing and Enforcement - Specific Substantive Rules
22 TAC sec.203.30.....3173
Texas Board of Veterinary Medical Examiners 
Rules of Professional Conduct
22 TAC sec.573.64.....3176
Practice and Procedure
22 TAC sec.575.30.....3177
Texas State Board of Examiners of Marriage and Family Therapists
Licensure and Regulation of Marriage and Family Therapists
22 TAC sec.801.19.....3178
Texas Department of Health
Purchased Health Services
25 TAC sec.29.308.....3179
Texas Department of Mental Health and Mental Retardation 
Other Agencies and The Public
25 TAC sec.sec.403.291-403.308.....3180
Protection of Individuals and Individual Rights 
25 TAC sec.sec.414.1-414.17.....3181
Texas Department of Insurance
General Administration
28 TAC sec.1.415.....3188
Trade Practices
28 TAC sec.sec.21.202, 21.203, 21.206, 21.207.....3189
Texas Natural Resource Conservation Commission 
Edwards Aquifer
30 TAC sec.sec.213.3-213.10.....3205
30 TAC sec.sec.213.20-213.28.....3217
Texas Water Development Board
Drinking Water State Revolving Fund
31 TAC sec.sec.371.1-371.3.....3222
31 TAC sec.371.13, 371.20, 371.26.....3223
31 TAC sec.sec.371.32-371.34.....3224
31 TAC sec.sec.371.32, 371.37, 371.39, 371.40.....3225
31 TAC sec.371.52.....3227
31 TAC sec.371.71, sec.371.72.....3227
Comptroller of Public Accounts
Central Administration
34 TAC sec.1.5.....3228
34 TAC sec.1.7.....3229
34 TAC sec.1.9.....3229
34 TAC sec.1.10.....3229
34 TAC sec.1.14.....3230
34 TAC sec.1.15.....3230
34 TAC sec.1.16.....3231
34 TAC sec.1.42.....3231
Texas Department of Criminal Justice
General Provisions
37 TAC sec.151.51.....3232
State Jail Felony Facilities
37 TAC sec.157.1, sec.157.3.....3234
37 TAC sec.sec.157.5, 157.7, 157.10.....3235
37 TAC sec.sec.157.23, 157.25, 157.29, 157. 31, 157.33, 157.35, 157.41, 157.43, 
157.45, 157.47, 157.49, 157.51, 157.53, 157.55, 157.57, 157.59, 157.63.....3235
37 TAC sec.sec.157.81, 157.83, 157.87, 157.89, 157.93, 157.95, 157.97.....3241
Receipt and Disbursement of Work Program Residents' Earned Funds
37 TAC sec.sec.160.1-160.8.....3244
Parole Board and Parole Division Administrative Matters
37 TAC sec.192.1.....3244
Parole
37 TAC sec.195.61.....3245
37 TAC sec.sec.195.71, 195.76-195.78.....3245
Mandatory Supervision
37 TAC sec.197.21.....3246
Texas Department on Aging
Area Agency on Aging Administrative Requirements 
40 TAC sec.260.1.....3246
****WITHDRAWN RULES****
Texas Health and Human Services Commission
Medical Reimbursement Rates
1 TAC sec.355.771.....3249
Office of Consumer Credit Commissioner
Rules of Operation for Pawnshops
7 TAC sec.85.2.....3249
Texas Department of Economic Development
Smart Jobs Fund Rules
10 TAC sec.186.103, sec.186.104.....3249
10 TAC sec.sec.186.301, 186.302, 186.305-186.308.....3249
****ADOPTED RULES****
Texas Health and Human Services Commission
Medicaid Reimbursement Rates
1 TAC sec.sec.355.454, 355.456-355.458.....3251
1 TAC sec.355.722, sec.355.723.....3255
1 TAC sec.355.773, sec.355.775.....3258
State Board for Educator Certification
Professional Educator Preparation and Certification 
19 TAC sec.230.901.....3261
Texas Board of Chiropractic Examiners
Licenses Renewals
22 TAC sec.73.2.....3261
Rules of Practice
22 TAC sec.75.7.....3262
Texas Natural Resource Conservation Commission 
Financial Assurance
30 TAC sec.sec.37.2001, 37.2011, 37.2021.....3263
Edwards Aquifer Authority
Critical Period Management Rules
31 TAC sec.sec.709.1, 709.3, 709.5, 709.7, 709.9, 709.11, 709.13, 709.15, 
709.17, 709.19, 709.21, 709.23, 709.25, 709.27, 709.29, 709.31, 709.33, 709.35, 
709.37, 709.39, 709.41, 709.43, 709.45.....3264
Interim Critical Period Management Rules
31 TAC sec.sec.721.1-721.8.....3273
31 TAC sec.721.11, sec.721.12.....3274
31 TAC sec.sec.721.21-721.24.....3274
31 TAC sec.sec.721.31-721.33.....3274
31 TAC sec.sec.721.41-721.48.....3274
31 TAC sec.721.51, sec.721.52.....3275
31 TAC sec.sec.721.61-721.65.....3275
31 TAC sec.721.71, sec.721.72.....3275
Texas Department of Criminal Justice
Institutional Division
37 TAC sec.152.51.....3276
Texas Workforce Commission
General Administration
40 TAC 800.101, 800.102, 800.112-800.1115, 800.118, 800.119.....3283
40 TAC sec.sec.800.151, 800.152, 800.161, 800.171-800.177, 800.181, 800.182, 
800.191.....3284
Texas Department of Transportation, Board of Director of the Texas Turnpike 
Authority Division
Management
43 TAC sec.50.2.....3286
43 TAC sec.50.32.....3286
43 TAC sec.sec.50.41-50.43.....3287
****RULE REVIEW****
Agency Rule Review Plans
Office of the Attorney General.....3289
Texas State Board of Examiners of Psychologists.....3289
Proposed Rule Review
Texas Department of Criminal Justice.....3289
Texas Department of Insurance.....3289
Public Utility Commission of Texas.....3289
****TABLES AND GRAPHICS****
Tables and Graphics.....3291
****OPEN MEETINGS****
Texas Commission on Alcohol and Drug Abuse
Tuesday, March 24, 1998, 11:00 a.m......3315
Friday, March 27, 1998, 11:00 a.m......3315
Texas Alcoholic Beverage Commission
Monday, March 23, 1998, 1:30 p.m......3315
Advisory Board of Athletic Trainers
Tuesday, March 24, 1998, 10:00 a.m......3316
The State Bar of Texas
Friday, March 20, 1998, 1:30 p.m......3316
State Board of Barber Examiners
Sunday, March 22, 1998, 2:00 p.m......3316
Monday, March 23, 1998, 9:00 a.m......3316
Texas School for the Blind and Visually Impaired
Tuesday, March 31, 1998, 8:15 a.m......3316
Tuesday, March 31, 1998, 9:00 a.m......3317
Tuesday, March 31, 1998, 9:00 a.m......3317
Tuesday, March 31, 1998, 10:00 a.m......3317
Texas Boll Weevil Eradication
Wednesday, March 25, 1998, 1:00 p.m. and 4:00 p.m......3317
Thursday, March 26, 1998, 10:00 a.m......3317
Texas Bond Review Board
Tuesday, March 24, 1998, 10:00 a.m......3318
Canadian River Compact Commission
Thursday, April 16, 1998, 1:00 p.m......3318
Corpus Christi Bay National Estuary
Thursday, March 26, 1998, 1:45 p.m......3318
Office of Court Administration
Wednesday, April 8, 1998, 1:00 p.m......3318
Thursday, April 9, 1998, 10:00 a.m......3319
Texas Department of Criminal Justice 
Monday, March 23, 1998, 8:00 a.m......3319
Tuesday, March 24, 1998, 9:30 a.m......3319
Texas Commission for the Deaf and Hard of Hearing
Saturday, April 4, 1998, 1:00 p.m......3319
Interagency Council on Early Childhood Intervention
Wednesday, March 25, 1998, 8:30 a.m......3320
State Board for Educator Certification 
Friday, March 20, 1998, 10:00 a.m......3320
State Employee Charitable Campaign
Wednesday, March 25, 1998, 9:00 a.m......3320
Wednesday, April 1, 1998, 9:00 a.m......3320
Texas Energy Coordination Council
March 24, 1998, 10:00 a.m......3320
Office of the Governor
Friday, March 27, 1998, 10:00 a.m......3321
Friday, March 27, 1998, 2:10 p.m......3321
Friday, March 27, 1998, 2:10 p.m......3321
Texas Department of Health
Tuesday, March 24, 1998, 9:00 a.m......3321
Thursday, March 26, 1998, 10:00 a.m......3322
Friday, March 27, 1998, 9:00 a.m......3322
Friday, March 27, 1998, 11:00 a.m......3322
Texas Health Care Information Council 
Tuesday, March 24, 1998, 1:00 p.m......3322
Thursday, March 26, 1998, 3:00 p.m......3323
Texas Health Insurance Risk Pool (“Health Pool”)
Tuesday, March 24, 1998, 9:00 a.m./Audit Subcommittee; 9:30 a.m., /Board; 
Grievance Subcommittee (immediately following Board meeting).....3323
Texas Higher Education Coordinating Board 
Wednesday, March 25, 1998, 9:00 a.m......3323
Monday, April 13, 1998, 10:00 a.m......3323
Texas State Affordable Housing Corporation 
Monday, March 23, 1998, Noon.....3323
Texas Department of Housing and Community Affairs
Monday, March 23, 1998, 8:30 a.m......3324
Monday, March 23, 1998, 9:30 a.m......3324
Monday, March 23, 1998, 10:00 a.m......3324
Texas Department of Human Services (TDHS) 
Friday, March 20, 1998, 10:00 a.m......3325
Wednesday, April 1, 1998, 9:00 a.m......3325
Texas Incentive and Productivity Commission 
Thursday, March 26, 1998, 3:00 p.m......3325
Texas Department of Insurance (“TDI”) 
Tuesday, March 24, 1998, 9:30 a.m......3325
Monday, March 30, 1998, 9:30 a.m......3326
Monday, April 6, 1998, 1:00 p.m......3326
Tuesday, April 7, 1998, 9:00 a.m......3326
Tuesday, April 7, 1998, 10:00 a.m......3326
Tuesday, April 7, 1998, 1:00 p.m......3326
Wednesday, April 8, 1998, 9:30 a.m......3326
Thursday, April 9, 1998, 9:00 a.m......3327
Thursday, April 9, 1998, 9:00 a.m......3327
Thursday, April 9, 1998, 1:00 p.m......3327
Commission on Jail Standards
Thursday, April 2, 1998, 8:30 a.m......3327
Thursday, April 2, 1998, 9:00 a.m......3327
Texas Juvenile Probation Commission
Friday, March 20, 1998, 10:00 a.m......3327
Friday, March 20, 1998, 10:30 a.m......3328
Friday, March 20, 1998, 11:45 a.m......3328
Texas State Library and Archives Commission 
Wednesday, April 1, 1998, 2:00 p.m......3328
Texas Department of Licensing and Regulation 
Tuesday, March 24, 1998, 9:00 a.m......3328
Tuesday, March 24, 1998, 9:00 a.m......3329
Tuesday, March 24, 1998, 9:00 a.m......3329
Tuesday, March 24, 1998, 1:30 p.m......3329
Thursday, March 26, 1998, 9:00 a.m......3329
Texas Department of Licensing and Regulation 
Thursday, March 26, 1998, 9:30 a.m......3329
Texas Mental Health and Mental Retardation Board
Wednesday, March 25, 1998, 9:00 a.m......3330
Wednesday, March 25, 1998, 10:00 a.m......3330
Wednesday, March 25, 1998, 11:30 a.m......3330
Wednesday, March 25, 1998, 1:30 p.m......3331
Thursday, March 26, 1998, 9:30 a.m......3331
Texas Military Facilities Commission 
Friday, March 27, 1998, 11:00 a.m......3331
Texas Natural Resource Conservation Commission 
Monday, March 23, 1998, 1:30 p.m......3332
Thursday, April 23, 1998, 10:00 a.m......3332
Tuesday, April 28, 1998, 10:00 a.m......3332
Thursday, April 30, 1998, 7:00 p.m......3332
Pecos River Compact Commission
Thursday, April 9, 1998, 9:30 a.m......3332
Texas Department of Public Safety
Thursday, March 26, 1998, 10:30 a.m......3333
Public Utility Commission of Texas 
Monday, March 23, 1998, 9:00 a.m......3333
Tuesday, March 24, 1998, 9:00 a.m......3333
Tuesday, March 24, 1998, 9:00 a.m......3333
Thursday, March 26, 1998, 9:00 a.m......3333
Friday, March 27, 1998, 9:00 a.m......3334
Tuesday, March 31, 1998, 9:00 a.m......3334
Texas Council on Purchasing from People with Disabilities
Friday, March 27, 1998, 10:00 a.m......3334
Railroad Commission of Texas
Tuesday, March 24, 1998, 9:15 a.m......3334
Texas Real Estate Commission
Sunday-Monday, March 22-23, 1998, 1:00 p.m. and 9:30 a.m......3334
Recycling Market Development Board
Friday, April 3, 1998, 10:00 a.m......3335
Red River Compact Commission
Tuesday, April 28, 1998, 8:30 p.m......3335
Texas Municipal Retirement System
Friday, March 27, 1998, 3:00 p.m......3335
State Office of Risk Management
Tuesday, March 24, 1998, 10:15 a.m......3335
Texas Senate
Monday, April 6, 1998, 1:00 p.m......3336
Wednesday, April 15, 1998, 9:00 a.m......3336
Texas Skills Standard Board
Monday, March 30, 1998, 10:00 a.m......3336
Texas State Soil and Water Conservation Board
Thursday, March 26, 1998, 8:00 a.m......3337
State Board of Examiners for Speech-Language Pathology and Audiology
Friday, April 3, 1998, 10:30 a.m......3337
Saturday, April 4, 1998, 10:30 a.m......3337
Texas State Technical College System 
Monday, March 16, 1998, 11:00 a.m......3337
The University of Texas System
Tuesday, March 17, 1998, 9:00 a.m......3337
Wednesday, March 25, 1998, 3:00 p.m......3338
Texas Workers' Compensation Commission 
Friday, March 20, 1998, 9:00 a.m., Rescheduled from January 17, 1998.....3338
Texas Workforce Commission
Tuesday, March 24, 1998, 9:00 a.m......3338
Texas Workforce Commission/ Texas Workforce Association
Wednesday, March 25, 1998, 8:30 a.m......3339
Regional Meetings.....3339
****IN ADDITION****
Texas State Board of Public Accountancy
Additional Notice of Proposed Rule Amendment and Request for Comments.....3345
Texas Department of Agriculture
Notice of Public Hearing.....3345
Brazos Valley Council of Governments 
Request for Proposal.....3345
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program.....3346
Office of Consumer Credit Commissioner 
Notice of Rate Ceilings.....3346
Texas Credit Union Department
Application(s) to Amend Articles of Incorporation.....3347
Application(s) to Expand Field of Membership.....3347
Texas Department of Criminal Justice 
Request for Qualifications.....3347
Texas Commission For The Deaf And Hard Of Hearing
Specialized Telecommunications Devices Assistance Program (STDAP) Request for 
Proposals.....3347
Texas Education Agency
Notice of Proposed Statewide Waivers.....3349
General Land Office
Notice of Funds Availability-Texas Coastal Management Program Grants Program 
.....3349
General Services Commission 
Notice of Contract Award.....3350
Texas Department of Health
Notice of Public Presentation on Medicaid Managed Care in the Hill Country 
Service Area.....3350
Texas Health and Human Services Commission 
Correction of Error.....3350
Texas Department of Housing and Community Affairs
Notice of Administrative Hearing (MHD1997002212D and MHD1998000483I).....3350
Notice of Administrative Hearing (MHD1997002881S and MHD1997003464D).....3351
Notice of Administrative Hearing (MHD1997001787D).....3351
Notice of Administrative Hearing (MHD1997002671D, MHD1997002968D and 
MHD1997003311U).....3351
Notice of Administrative Hearing (MHD1997001669M, MHD1997002345D and 
MHD1998000494I).....3351
Texas Department of Insurance
Notices.....3352
Notice of Public Hearing.....3352
Third Party Administrator Applications.....3353
Middle Rio Grande Development Council 
Bidder's Conference.....3353
Texas Natural Resource Conservation Commission 
Enforcement Orders.....3353
Notice of Availability of a Model Cooperative Agreement.....3355
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions.....3356
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions.....3358
Notice of Public Hearing on Proposed Voluntary Reduction Plan for the Permitting 
of Existing Significant Sources.....3359
Proposal for Decision.....3360
Provisionally-Issued Temporary Permits to Appropriate State Water.....3360
Public Hearing Notice.....3360
North Texas Local Workforce Development Board
JTPA Request for Quotations.....3361
North Texas Tollway Authority
Request For Proposals.....3361
Texas Optometry Board
Correction of Error.....3362
Texas Department of Protective and Regulatory Services 
Meeting Open to the Public Regarding Development of Rules Governing the Use of 
Behavior Interventions.....3362
Request for Proposal-Service to At-Risk Youth.....3362
Texas Department of Public Safety
Request For Proposals Local Emergency Planning Committee Hazardous Materials 
Equipment Purchase Grant.....3363
Public Utility Commission of Texas
Notices of Application to Amend Certificate of Convenience and 
Necessity.....3363
Public Notice of Amendment to Interconnection Agreements.....3365
Public Notice of Interconnection Agreements.....3366
Public Notice of Y2K Survey.....3370
Request for Reply Comments on Amending Substantive Rule sec.23.98 Abbreviated 
Dialing Codes.....3370
Texas Rehabilitation Commission
Correction of Error.....3370
South Plains Regional Workforce Development Board
Notice of Request for Proposals.....3370
Tarrant County Workforce Development Board
Request for Proposal.....3370
Texas Department of Transportation
Notice of Invitation-General Services Division.....3371
Notice of Invitation - Tyler District.....3373
University of Houston
Request for Proposal for Recreation Consultant.....3375
Texas Water Development Board
Correction of Error.....3375
Texas Workers' Compensation Commission
Correction of Error.....3376