Texas Register
Vol. 23 No. 16
April 17, 1998
Pages 3765-3956

****ATTORNEY GENERAL****
Letter Opinions.....3773
****PROPOSED RULES****
Health and Human Services Commission
Medicaid Fraud and Abuse Program Integrity
1 TAC sec.371.1000.....3775
1 TAC sec.sec.371.1501, 371.1503, 371.1505, 371.1507, 371.1509.....3776
Texas Department of Agriculture
General Procedures
4 TAC sec.sec.1.700-1.702.....3777
Texas Department of Economic Development
Smart Jobs Fund Rules
10 TAC sec.186.102, sec.186.104.....3778
10 TAC sec.sec.186.301, 186.302, 186.305-186.308.....3781
Texas State Library and Archives Commission
Library Development
13 TAC sec.1.121, sec.1.122.....3784
General Policies and Procedures
13 TAC sec.sec.2.53-2.55.....3784
Railroad Commission of Texas
Oil and Gas Division
16 TAC sec.3.14.....3785
Texas Education Agency
Budgeting, Accounting, and Auditing
19 TAC sec.109.41.....3791
Texas Board of Architectural Examiners
Architects
22 TAC sec.1.161.....3792
Interior Designers
22 TAC sec.5.171.....3793
Texas Board of Chiropractic Examiners
Licenses and Renewals
22 TAC sec.73.2.....3793
State Board of Dental Examiners
Continuing Education
22 TAC sec.104.1.....3795
22 TAC sec.104.4.....3795
Dental Board Procedures
22 TAC sec.107.101.....3796
22 TAC sec.107.201.....3797
22 TAC sec.107.400.....3798
Conduct
22 TAC sec.109.144.....3799
Texas Department of Mental Health and Mental Retardation
Protection of Clients and Staff
25 TAC sec.sec.404.301-404.309.....3800
Protection of Individuals and Individual Rights
.....3800
Teacher Retirement System of Texas
Insurance
34 TAC sec.41.12.....3803
Texas Commission on Law Enforcement Officer Standards and Education
Administration Division
37 TAC sec.211.9.....3805
37 TAC sec.211.22.....3805
Prelicensing and Reactivation Courses, Tests and Endorsements of Eligibility 
Division
37 TAC sec.219.78.....3806
Proficiency Certificates and Other Post-Basic Licenses Division
37 TAC sec.221.19.....3807
Contract Jailer Certification Division
37 TAC sec.225.3, sec.225.11.....3807
Texas Department of Human Services
Nursing Facility Requirements for Licensure and Medicaid Certification
40 TAC sec.19.2009.....3810
Registry, Findings; Inquiries
40 TAC sec.94.11.....3811
Texas Commission for the Deaf and Hard of Hearing
General Rules of Practice and Procedures
40 TAC sec.181.41.....3812
40 TAC sec.181.810.....3812
40 TAC sec.181.840.....3813
Texas Workforce Commission
Apprenticeship Training
40 TAC sec.837.1, sec.837.2.....3814
40 TAC sec.837.21, sec.837.22.....3815
40 TAC sec.sec.837.41-837.44.....3815
40 TAC sec.sec.837.61-837.65.....3816
40 TAC sec.sec.837.81-837.85.....3817
40 TAC sec.837.100, sec.837.101.....3818
40 TAC sec.sec.837.121-837.125.....3818
Texas Department of Transportation
Management
43 TAC sec.1.1, sec.1.2.....3819
****ADOPTED RULES****
Texas Department of Agriculture
General Procedures
4 TAC sec.1.14.....3821
Licensing
4 TAC sec.sec.2.1, 2.2.....3821
4 TAC sec.sec.2.10-2.14.....3821
Pesticides
4 TAC sec.7.20.....3822
Weights and Measures
4 TAC sec.12.12.....3822
4 TAC sec.sec.12.40, 12.43.....3823
Grain Warehouse
4 TAC sec.sec.13.3, 13.4.....3823
Vegetable and Citrus Fruit Handling and Marketing Program
4 TAC sec.14.3.....3823
Egg Law
4 TAC sec.sec.15.4, 15.5.....3823
Aquaculture
4 TAC sec.16.3.....3824
Organic Standards and Certification
4 TAC sec.sec.18.2, 18.5.....3824
Nursery Products and Floral Items
4 TAC sec.sec.22.2, 22.3.....3824
Texas Department of Economic Development
Enterprise Zone Program
10 TAC sec.sec.176.1-176.4, 176.7, 176.8, 176.10, 176.11.....3825
State Board of Dental Examiners
Dental Licensure
22 TAC sec.101.2.....3830
Fees
22 TAC sec.102.1.....3830
Dental Hygiene Licensure
22 TAC sec.103.4.....3830
Continuing Education
22 TAC sec.104.1.....3830
Dental Board Procedures
22 TAC sec.107.63.....3831
Texas State Board of Podiatric Medical Examiners
Violations and Penalties
22 TAC sec.376.1.....3831
Continuing Education
22 TAC sec.378.1, sec.378.8.....3832
Hyperbaric Oxygen Guidelines
22 TAC sec.380.1.....3832
Texas State Board of Examiners of Psychologists
General Rulings
22 TAC sec.461.20.....3833
Texas Department of Health
Purchased Health Services
25 TAC sec.29.609.....3833
25 TAC sec.29.1130.....3834
Texas Department of Insurance
Property and Casualty Insurance
28 TAC sec.5.9101.....3834
28 TAC sec.5.9301.....3835
28 TAC sec.5.9302.....3836
Agent's Licensing
28 TAC sec.19.802.....3836
Texas Municipal Retirement System
Miscellaneous Rules
34 TAC sec.127.5.....3837
Texas Department Public Safety
Traffic Law Enforcement
37 TAC sec.sec.3.59, 3.62.....3838
Texas Youth Commission
Youth Discipline
37 TAC sec.95.9.....3842
Texas Commission on Law Enforcement Officer Standards and Education
Administration Division
37 TAC sec.211.33.....3843
37 TAC sec.211.79.....3844
37 TAC sec.211.87.....3844
37 TAC sec.211.88.....3844
Licensing Requirements Division
37 TAC sec.217.1.....3845
37 TAC sec.217.79.....3845
37 TAC sec.217.88.....3845
Proficiency Certificates and Other Post-Basic Licenses Division
37 TAC sec.221.17.....3846
37 TAC sec.221.35.....3846
Enforcement and Compliance Matters Division
37 TAC sec.223.87.....3846
Texas Department of Human Services
Medicaid Eligibility
40 TAC sec.15.610.....3847
Texas Department of Transportation
Vehicle Titles and Registration
43 TAC sec.17.2, sec.17.9.....3848
43 TAC sec.17.3.....3851
43 TAC sec.17.62.....3856
Motor Carriers
43 TAC sec.18.1, sec.18.2.....3869
43 TAC 18.10, 18.11, 18.13-18.16, 18.19.....3871
43 TAC sec.18.12.....3876
43 TAC sec.18.31, sec.18.32.....3876
43 TAC sec.sec.18.51-18.54, 18.56, 18.61.....3876
43 TAC sec.sec.18.70-18.72.....3876
****EXEMPT FILINGS****
Texas Department of Insurance
ADOPTED.....3879
****RULE REVIEW****
Proposed Rule Reviews
Texas Education Agency.....3883
Texas Board of Professional Land Surveying.....3883
****TABLES AND GRAPHICS****
Tables and Graphics.....3885
****OPEN MEETINGS****
Texas State Board of Acupuncture Examiners
Monday, April 20, 1998, 9:00 a.m......3891
Monday, April 20, 1998, 9:00 a.m......3891
Monday, April 20, 1998, 10:30 a.m......3891
Monday, April 20, 1998, 10:45 a.m......3891
Monday, April 20, 1998, 1:00 p.m......3892
Texas Aerospace Commission
Thursday, April 16, 1998, 9:00 a.m......3892
Texas Department of Agriculture
Tuesday, April 14, 1998, 1:30 p.m......3892
Texas Commission on Alcohol and Drug Abuse
Friday, April 17, 1998, 1:30 p.m......3893
Texas Bond Review Board
Tuesday, April 14, 1998, 9:00 a.m......3893
Texas Board of Chiropractic Examiners 
Thursday, April 16, 1998, 10:00 a.m......3893
Thursday, April 16, 1998, 10:00 a.m......3893
Tuesday, April 21, 1998, 10:00 a.m......3894
Texas Association of Counties
Thursday, April 9, 1998, 1:30 p.m......3894
Texas Association of County Workers' Compensation Self Insurance Fund
Wednesday-Thursday, April 8-9, 1998, 6:00 p.m. and 9:00 a.m. 
respectively.....3894
Texas Association of Counties County Government Risk Management Pool
Tuesday-Wednesday, April 21-22, 1998, 6:00 p.m., 9:00 a.m. respectively.....3894
Interagency Council on Early Childhood Intervention
Thursday-Friday, April 16-17, 1998, 9:30 a.m......3894
Advisory Commission on State Emergency Communications
Wednesday, April 15, 1998, 3:30 p.m......3895
State Employee Charitable Campaign
Wednesday, April 8, 1998, 9:00 a.m......3895
Wednesday, April 8, 1998, 11:30 a.m......3895
Thursday, April 16, 1998, 1:15 p.m......3895
Friday, April 17, 1998, 9:00 a.m......3895
Tuesday, April 21, 1998, 8:30 a.m......3896
Thursday, April 30, 1998, 3:00 p.m......3896
Employees Retirement System of Texas 
Wednesday, April 15, 1998, 1:30 p.m......3896
Texas Ethics Commission
Friday, April 17, 1998, 9:30 a.m......3896
Finance Commission of Texas
Thursday, April 23, 1998, 1:30 p.m......3896
Friday, April 24, 1998, 8:30 a.m......3896
Friday, April 24, 1998, 9:15 a.m......3897
Friday, April 24, 1998, 10:00 a.m......3897
Texas Geographic Information Council (TGIC)
Thursday, April 23, 1998, 2:00 p.m......3897
Office of the Governor
Thursday-Friday, April 16-17, 1998, 9:00 a.m., 8:30 a.m.. respectively.....3898
Texas Department of Health
Wednesday, April 15, 1998, 6:00 p.m......3898
Thursday, April 16, 1998, 8:30 a.m......3898
Friday, April 17, 1998, 8:00 a.m......3898
Saturday, April 18, 1998, 8:30 a.m......3898
Saturday, April 18, 1998, 10:00 a.m......3899
Tuesday, April 21, 1998, 9:30 a.m......3899
State Committee of Examiners in the Fitting and Dispensing of Hearing 
Instruments
Friday, April 24, 1998, 9:00 a.m......3899
Friday, April 24, 1998, 10:00 a.m......3899
Friday, April 24, 1998, 1:00 p.m......3899
Friday, April 24, 1998, 2:00 p.m......3900
Friday, April 24, 1998, 3:00 p.m......3900
Friday, April 24, 1998, 4:00 p.m......3900
Texas Higher Education Coordinating Board 
Wednesday, April 8, 1998, 1:30 p.m., rescheduled from 12:00 p.m......3900
Wednesday, April 15, 1998, 2:00 p.m......3900
Thursday, April 23, 1998, 11:00 a.m......3901
Texas House of Representatives
Thursday, April 23, 1998, 9:00 a.m......3901
Texas Department of Human Services Region Two
Wednesday, April 29, 1998, 11:00 a.m., CST/10:00 a.m. MST.....3901
Department of Information Resources
Thursday, April 2, 1998, 9:30 a.m......3901
Texas Department of Insurance
Friday, April 17, 1998, 1:00 p.m......3901
Monday, April 20, 1998, 9:00 a.m......3902
Monday, April 20, 1998, 9:00 a.m......3902
Monday, April 20, 1998, 1:00 p.m......3902
Thursday, April 23, 1998, 10:00 a.m......3902
Wednesday, April 29, 1998, 9:30 a.m......3902
Boards for Lease of State-owned lands 
Wednesday, April 15, 1998, 10:00 a.m......3902
Thursday, April 16, 1998, 2:00 p.m......3903
Texas Board of Professional Land Surveying 
Friday, April 17, 1998, 9:00 a.m......3903
Board of Law Examiners
Friday, April 17, 1998, 8:30 a.m......3903
Texas Department of Licensing and Regulation 
Monday, April 13, 1998, 1:30 p.m......3903
Monday, April 13, 1998, 1:30 p.m......3904
Tuesday, April 14, 1998, 9:00 a.m......3904
Tuesday, April 14, 1998, 9:00 a.m......3904
Wednesday, April 15, 1998, 9:00 a.m......3904
Wednesday, April 15, 1998, 9:00 a.m......3905
Texas Lottery Commission
April 9, 1998, 9:30 a.m......3905
Texas State Board of Medical Examiners 
Tuesday, April 7, 1998, 9:00 a.m......3905
Texas Natural Resource Conservation Commission 
Thursday, April 9, 1998, 1:30 p.m......3905
Thursday, April 15, 1998, 1:15 p.m......3905
Thursday-Friday, April 23-24, 1998, 10:00 a.m. and 9:00 a.m. 
respectively.....3905
Monday, April 27, 1998, 10:00 a.m......3906
Tuesday, April 28, 1998, 10:00 a.m......3906
Wednesday, April 29, 1998, 11:00 a.m......3906
Thursday, April 30, 1998, 10:00 a.m......3906
Tuesday, May 19, 1998, 10:00 a.m......3906
Wednesday, May 27, 1998, 10:00 a.m......3907
Wednesday, June 3, 1998, 9:30 a.m......3907
Texas Optometry Board
Thursday-Friday, April 16-17, 1998, 1:30 p.m., and 9:00 a.m. 
respectively.....3907
Texas State Board of Plumbing Examiners 
Wednesday, April 15, 1998, 9:00 a.m......3908
Texas Property and Casualty Insurance Guaranty Association
Thursday, April 16, 1998, 9:00 a.m......3908
Texas State Board of Examiners of Psychologists 
Thursday-Friday, April 30, May 1, 1998, 8:30 a.m......3908
Texas Public Finance Authority
Wednesday, April 15, 1998, 10:30 a.m......3908
Texas Department of Public Safety
Wednesday, April 22, 1998, 10:30 a.m......3909
Railroad Commission of Texas
Tuesday, April 14, 1998, 9:30 a.m......3909
Texas Real Estate Commission
Friday, April 17, 1998, 9:00 a.m......3909
Friday, April 17, 1998, 9:00 a.m......3909
Friday, April 17, 1998, 9:00 a.m......3909
Friday, April 17-18, 1998, 2:30 p.m. and 9:00 a.m. respectively.....3910
Texas Rehabilitation Commission
Thursday, April 23, 1998, 9:00 a.m......3910
Friday, April 24, 1998, 9:00 a.m......3910
State Securities Board
Monday, May 18, 1998, 9:00 a.m......3910
State Board of Examiners for Speech-Language Pathology and Audiology
Thursday, April 16, 1998, 8:00 a.m......3910
Thursday, April 16, 1998, 10:00 a.m......3911
Thursday, April 16, 1998, 12:30 p.m......3911
Thursday, April 16, 1998, 2:30 p.m......3911
Friday, April 17, 1998, 9:00 a.m......3911
Stephen F. Austin State University
Monday, April 6, 1998, 9:00 a.m......3912
The Texas State University System
Monday, April 6, 1998, 4:00 p.m......3912
Texas Tech University and Texas Tech University Health Sciences Center
Monday, April 13, 1998, 1:30 p.m......3912
Texas Title Insurance Guaranty Association 
Tuesday, April 14, 1998, 10:00 a.m......3913
Texas Department of Transportation
Tuesday, April 14, 1998, 10:00 a.m......3913
Monday, April 27, 1998, 9:30 a.m......3913
Thursday, May 14, 1998, 9:30 a.m......3913
University of Houston
Monday, April 20, 1998, 1:00 p.m......3914
Texas Water Development Board
Wednesday, April 15, 1998, 3:00 p.m......3914
Wednesday, April 15, 1998, 4:00 p.m......3914
Texas Workers' Compensation Commission 
Thursday, April 9, 1998, 9:00 a.m......3914
Thursday, April 9, 1998, 1:00 p.m......3915
Texas Workforce Commission
Tuesday. April 14, 1998, 9:00 a.m......3915
Regional Meetings
****IN ADDITION****
Texas Commission on Alcohol and Drug Abuse
Correction of Error.....3921
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program.....3921
Concho Valley Workforce Development Board (CVWDB)
Request for Proposals for Concho Valley Workforce Centers and Request for 
Quotations for Fiscal Agent Services for CVWDB.....3923
Texas Education Agency
Corrections of Error.....3923
Request for Applications Concerning Adult Education Program Funding for 1998-
1999.....3923
General Services Commission
Summary of Other State Bidder Preference Laws.....3924
Office of the Governor
Residential Substance Abuse Treatment for Adults and Juveniles In Correctional 
Facilities.....3931
Texas Department of Health
Notice of Request For Proposals for the Breast Cancer Rescreening 
Survey.....3932
Notice of Request for Proposals for Examinations of Orthotists and 
Prosthetists.....3933
Notice of Request for Proposals for Put Prevention Into Practice.....3933
Notice of Request for Proposals for Put Prevention Into Practice in the El Paso 
Metropolitan Area and Surrounding Counties.....3934
Texas Department of Housing and Community Affairs
Notice of Administrative Hearing MHD1997002161D.....3934
Notice of Administrative Hearing MHD1998001202IV.....3934
Notice of Reallocation of Fiscal Year (FY) 1998 HOME Investment Partnership 
Funds.....3935
Public Comment Period for 1998 State of Texas Consolidated Plan Annual 
Performance Report on Program Year 1997 Draft for Public Comment.....3935
Houston-Galveston Area Council
Request for Proposal.....3935
Texas Department of Insurance
Insurer Services.....3935
Notice of Public Hearing.....3935
Third Party Administrator Application.....3936
Third Party Administrator Applications.....3936
Texas Department of Mental Health and Mental Retardation 
Notice to Bidders.....3936
Texas Natural Resource Conservation Commission
Corrections of Error.....3936
Notice of Application for Municipal Solid Waste Management Facility Permit for 
the Period of March 30, 1998 to April 3, 1998.....3937
Notice of Applications for Waste Disposal/Discharge Permits for the Week Ending: 
March 30, 1998-April 7, 1998......3937
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement 
Actions.....3938
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions.....3939
Proposal for Decision.....3940
North Texas Local Workforce Development Board
Request for Proposal-Youth Competency System.....3940
Board of Nurse Examiners
Competency Pilot Program Grants.....3941
Texas State Board of Plumbing Examiners
Corrections of Error.....3941
Texas Department of Protective and Regulatory Services
Public Hearing—Allowable and Unallowable Costs for Purposes of Contracting 
for Purchased Client Services by Residential Child Care Contractors and 
Purchase-of-Service Contractors.....3941
Public Utility Commission of Texas
Notices of Application for the Recovery of 1+IntraLata Toll Presubscription 
Implementation Costs.....3941
Notices of Application for Service Provider Certificate of Operating 
Authority.....3942
Notice of Application to Amend Certificate of Convenience and Necessity.....3942
Notice of Intent to File Customer-Specific Contract Pursuant to P.U.C. 
Substantive Rule sec.23.27(c).....3943
Notice of Petition for Rulemaking.....3943
Public Notice of Amendment to Interconnection Agreement.....3943
Public Notices of Interconnection Agreement.....3944
Request for Comments on Principles that Should Govern a Green Pricing Tariff and 
Notice of Workshop to be Held on May 7, 1998.....3945
Texas Real Estate Commission
Correction of Error.....3946
State Securities Board
Corrections of Error.....3946
Texas Department of Transportation
Notice of Award - Aransas.....3947
Notice of Award - Cities of Decatur, Liberty and Terrell.....3947
Notice of Award - Cities of Georgetown and Uvalde.....3947
Notice of Award - Cities of Lampasas and Hondo.....3947
Notice of Award - Cities of Kerrville, Lockhart and Rockwall.....3947
Notice of Award-Graham.....3948
Notice of Award - Mesquite.....3948
Notice of Invitation - El Paso District Laboratory.....3948
Notice of Invitation - Houston District.....3949
Notice of Invitation - Lufkin District:.....3953
Notice of Invitation- Odessa District.....3953
Public Notice.....3955
Texas Commission on Volunteerism and Community Service (TxCVCS)
Request for Proposals.....3955
Texas Workforce Commission
Request for Qualification for Selection of Professional 
Architectural/Engineering Services.....3956