Texas Register
Vol. 23 No. 22
May 29, 1998
Pages 5533-5852

****PROPOSED RULES****
Office of the Secretary of State
Elections
1 TAC sec.81.60.....5543
1 TAC sec.81.61.....5543
Railroad Commission of Texas
Oil and Gas Division
16 TAC sec.3.41, sec.3.42.....5544
16 TAC sec.3.103.....5546
Gas Utilities Division
16 TAC sec.7.74.....5547
Texas Education Agency
Statement of Investment Objectives, Policies, and Guidelines of the Texas 
Permanent School Fund
19 TAC sec.sec.33.5, 33.10, 33.20, 33.25, 33.30, 33.40, 33.55, 33.60.....5549
State Adoption and Distribution of Instructional Materials
19 TAC sec.66.107.....5552
Budgeting, Accounting, and Auditing
19 TAC sec.109.25.....5553
Hearings and Appeals
19 TAC sec.157.41.....5554
Texas Board of Chiropractic Examiners
Licenses and Renewals
22 TAC sec.73.3, sec.73.5.....5555
22 TAC sec.73.4.....5557
Rules of Practice
22 TAC sec.75.1, sec.75.2.....5558
Chiropractic Radiologic Technologists
22 TAC sec.78.1, sec.78.2.....5560
Texas State Board of Examiners of Psychologists
General Rulings
22 TAC sec.461.7.....5561
22 TAC sec.461.11.....5562
Announcements and Listings
22 TAC sec.467.1.....5564
Specialty Certification
22 TAC sec.469.1.....5564
Renewals
22 TAC sec.471.1.....5565
22 TAC sec.471.2.....5565
22 TAC sec.471.3.....5566
22 TAC sec.471.4.....5566
22 TAC sec.471.5.....5567
Fees
22 TAC sec.473.1.....5567
22 TAC sec.473.2.....5567
22 TAC sec.473.3.....5568
22 TAC 473.4.....5568
22 TAC sec.473.5.....5569
22 TAC sec.473.6.....5569
Texas Department of Health
Communicable Diseases
25 TAC sec.97.12, sec.97.13.....5570
Food and Drug
25 TAC sec.sec.229.161-229.171, 229.173.....5571
25 TAC sec.sec.229.161-229.171, 229.173-229.175.....5572
25 TAC sec.sec.229.231-229.239.....5617
25 TAC sec.sec.229.461-229.462.....5618
Occupational Health
25 TAC sec.sec.295.31-295.35, 295.37-295.56, 295.57, 295.58-295.62, 295.64, 
295.65, 295.66, 295.68-295.71, 295.73.....5619
Comptroller of Public Accounts
Tax Administration
34 TAC sec.3.161.....5641
Texas Department of Public Saftey
Organization and Administration
37 TAC sec.1.4.....5642
Texas Department of Human Services
Nursing Facility Requirements for Licensure and Medicaid Certification
40 TAC sec.19.2009.....5643
Nurse Aides
40 TAC sec.94.11.....5644
Texas Rehabilitation Commission
Personal Attendant Services Program
40 TAC sec.sec.112.1-112.9.....5645
****WITHDRAWN RULES****
Public Utility Commission of Texas
Substantive Rules
16 TAC sec.23.17.....5649
16 TAC sec.23.53.....5649
Texas Higher Education Coordinating Board
Creation, Expansion, Dissolution, or Conservatorship of Public Community/Junior 
College Districts
19 TAC sec.sec.8.71 -- 8.76.....5649
Texas Board of Chiropractic Examiners
Licenses and Renewals
22 TAC sec.73.3, sec.73.5.....5649
Texas Department of Health
Immunization Registry
25 TAC sec.sec.100.1-100.10.....5650
Automobile Theft Prevention Authority
Automobile Theft Prevention Authority
43 TAC sec.sec.57.53-57.55.....5650
****ADOPTED RULES****
Office of the Secretary of State
Elections
1 TAC sec.81.74.....5651
1 TAC sec.81.84, sec.81.85.....5651
Texas Department of Agriculture
Boll Weevil Eradication Program
4 TAC sec.3.112.....5652
4 TAC sec.3.300.....5655
Egg Law
4 TAC sec.15.12.....5656
Railroad Commission of Texas
Oil and Gas Division
16 TAC sec.3.57, sec.3.76.....5656
Public Utility Commission of Texas
Practice and Procedure
16 TAC sec.22.2, sec.22.3.....5660
Texas Higher Education Coordinating Board
Program Development
19 TAC sec.5.10.....5661
19 TAC sec.5.311, sec.5.312, sec.5.314 - sec.5.318.....5662
19 TAC sec.5.313.....5664
19 TAC sec.5.313.....5665
Creation, Expansion, Dissolution, or Conservatorship of Public Community/Junior 
College Districts
19 TAC sec.8.1.....5668
19 TAC sec.sec.8.21-8.36.....5669
19 TAC sec.sec.8.51-8.56.....5669
19 TAC sec.sec.8.91-8.103.....5670
19 TAC sec.sec.8.121 - 8.123.....5670
Public Junior Colleges
19 TAC sec.sec.9.1-9.4.....5670
19 TAC sec.sec.9.21-9.31.....5671
19 TAC sec.sec.9.41 - 9.48.....5671
19 TAC sec.sec.9.231 - 9.238.....5671
Institutional Effectiveness in Public Community/Junior College Districts and 
Technical Colleges
19 TAC sec.sec.10.1 - 10.3.....5672
19 TAC sec.sec.10.21 - 10.24.....5672
Student Services
19 TAC sec.21.6.....5672
19 TAC sec.sec.21.251 — 21.265.....5673
19 TAC sec.sec.21.251- 21.263.....5673
19 TAC sec.21.285, sec.21.288.....5673
19 TAC sec.21.289.....5674
19 TAC sec.21.958.....5674
19 TAC sec.21.982.....5674
19 TAC sec.21.1070.....5675
19 TAC sec.sec.21.2001 - 21.2008.....5675
Texas Education Agency
Curriculum Requirements
19 TAC sec.sec.74.1-74.3.....5680
19 TAC sec.sec.74.11-74.13.....5680
19 TAC sec.sec.74.22-74.27, 74.30.....5685
Board of Vocational Nurse Examiners
Contested Case Procedure
22 TAC sec.239.19.....5685
Texas State Board of Examiners of Psychologists
Applications
22 TAC sec.463.25.....5685
22 TAC sec.463.25.....5685
22 TAC sec.463.26.....5686
22 TAC sec.463.26.....5686
Rules of Practice
22 TAC sec.465.38.....5686
Procedure
22 TAC sec.466.14.....5687
22 TAC sec.466.15.....5687
Texas Department of Health
Tobacco
25 TAC sec.sec.101.1-101.6, 101.10.....5687
Home and Community Support Services Agencies 
25 TAC sec.115.2, sec.115.3.....5694
Texas Department of Mental Health and Mental Retardation
Protection of Clients and Staff
25 TAC sec.sec.404.1-404.17.....5695
Medicaid Programs
25 TAC sec.sec.409.517, 409.519, 409.521, 409.523, 409.525, 409.527, 409.529, 
409.531, 409.533, 409.535, 409.537, 409.539, 409.541.....5696
Agency and Facility Responsibilities
25 TAC sec.sec.417.501-417.518.....5704
Texas Natural Resource Conservation Commission
Action on Applications
30 TAC sec.50.31.....5714
Water Districts
30 TAC sec.293.5.....5717
30 TAC sec.sec.293.11-293.13, 293.15.....5717
30 TAC sec.sec.293.41, 293.47, 293.48, 293.51, 293.54.....5719
30 TAC sec.sec.293.62, 293.64, 293.65, 293.67, 293.69, 293.70.....5720
30 TAC sec.sec.293.80, 293.81, 293.83, 293.84, 293.89.....5720
30 TAC sec.sec.293.94, 293.96.....5721
30 TAC sec.293.101.....5721
30 TAC sec.293.112.....5721
30 TAC sec.293.125.....5721
30 TAC sec.sec.293.131, 293.133.....5722
30 TAC sec.293.145.....5722
30 TAC sec.sec.293.171, 293.173, 293.174.....5722
30 TAC sec.293.180.....5723
30 TAC sec.sec.293.361, 293.365.....5723
Domestic Wastewater Effluent Limitation and Plant Siting
30 TAC sec.sec.309.1-309.4.....5724
30 TAC sec.sec.309.10-309.14.....5724
Texas Parks and Wildlife Department
Finance
31 TAC sec.53.6, sec.53.7.....5726
Oysters and Shrimp
31 TAC sec.58.160.....5726
31 TAC sec.sec.58.201-58.210.....5727
Wildlife
31 TAC sec.65.78.....5727
Texas Low-Level Radioactive Waste Disposal Authority
Planning and Implementation Fees
31 TAC sec.sec.450.1-450.4.....5728
Comptroller of Public Accounts
Central Administration
34 TAC sec.1.5.....5729
34 TAC sec.1.7.....5729
34 TAC sec.1.9.....5729
34 TAC sec.1.10.....5729
34 TAC sec.1.14.....5730
34 TAC sec.1.15.....5730
34 TAC sec.1.16.....5730
34 TAC sec.1.42.....5730
Tax Administration
34 TAC sec.3.721.....5731
Texas Department of Human Services
Continuing Education
40 TAC sec.sec.77.1-77.5, 77.9-77.12.....5731
Employment Practices
40 TAC sec.77.10-77.15.....5731
Texas Workforce Commission
Texas PayDay Rules
40 TAC sec.sec.821.1-821.6.....5734
40 TAC sec.sec.821.21, 821.22, 821.25-821.28.....5734
40 TAC sec.sec.821.41-821.46.....5736
40 TAC sec.sec.821.61-821.63.....5736
40 TAC sec.821.81.....5736
****EXEMPT FILINGS****
Texas Department of Insurance
PROPOSED ACTION.....5739
ADOPTED ACTION.....5739
****RULE REVIEW****
Proposed Rule Reviews
General Land Office.....5741
Board of Vocational Nurse Examiners.....5741
Texas State Board of Examiners of Psychologists.....5742
Texas Rehabilitation Commission.....5742
Texas State Board of Social Worker Examiners.....5742
Adopted Rule Reviews
Texas Education Agency.....5742
Public Utility Commission of Texas.....5743
Board for Lease of University Lands.....5743
****TABLES AND GRAPHICS****
Tables and Graphics.....5745
****OPEN MEETINGS****
Texas Commission on Alcohol and Drug Abuse
Wednesday, May 27, 1998, at 10:00 a.m......5767
Thursday, May 28, 1998, at 10:00 a.m......5767
Friday, May 29, 1998, at 11:00 a.m......5767
Texas Board of Architectural Examiners 
Wednesday, May 27, 1998, at 1:30 p.m......5768
Wednesday, May 27, 1998, at 1:30 p.m......5768
Thursday, May 28, 1998, at 8:30 a.m......5768
Thursday, May 28, 1998, at 9:15 a.m......5768
Thursday, May 28, 1998, at 11:00 a.m......5768
Friday and Saturday, May 29-30, 1998, at 8:30 a.m......5769
State Board of Barber Examiners
Tuesday, June 2, 1998, 9:00 a.m......5769
Texas Bond Review Board
Thursday, May 21, 1998, 10:00 a.m......5769
Texas Cancer Council
Thursday, May 28, 1998, at 4:00 p.m......5770
Friday, May 29, 1998, at 8:00 a.m......5770
Friday, May 29, 1998, at 9:30 a.m......5770
Texas Certified Self-Insurer Guaranty Association
Thursday, May 28, 1998, at 9:30 a.m......5770
Council on Competitive Government
Tuesday, June 2, 1998, at 9:30 a.m......5771
Comptroller of Public Accounts
Wednesday, May 27, 1998, 9:00 a.m......5771
Texas Corn Producers
Wednesday, May 27, 1998, 11:00 a.m......5771
Thursday, May 28, 1998, 8:00 a.m......5771
Texas County and District Retirement System
Thursday, June 4, 1998, 1:00 p.m......5772
Friday, June 5, 1998, 8:30 a.m......5772
Office of Court Administration
Tuesday, June 2, 1998, 10:00 a.m......5772
Wednesday, June 10, 1998, 10:00 a.m......5772
Friday, June 12, 1998, 8:30 a.m......5773
Thursday, June 18, 1998, 10:00 a.m......5773
Thursday, June 25, 1998, 8:30 a.m......5773
Texas Department of Criminal Justice
Thursday, May 21, 1998, Noon.....5773
Thursday, May 21, 1998, 1:30 p.m......5773
Thursday, May 21, 1998, 3:00 p.m......5774
Thursday, May 21, 1998, 4:00 p.m......5774
Thursday, May 21, 1998, 4:30 p.m......5774
Friday, May 22, 1998, 9:00 a.m......5774
Texas School for the Deaf
Friday, May, 22, 1998, 9:00 a.m......5775
State Board of Dental Examiners
Friday, June 5, 1998, 8:00 a.m......5775
State Employee Charitable Campaign
Wednesday, May 27, 1998, 3:30 p.m......5775
Thursday, May 28, 1998, 3:30 p.m......5776
Friday, May 29, 1998, Noon......5776
Monday, June 15, 1998, 3:30 p.m......5776
Texas Energy Coordination Council
Friday, May 29, 1998, 10:00 a.m......5776
Wednesday, June 3, 1998, 9:30 a.m......5777
General Land Office
Tuesday, May 26, 1998, 2:00 p.m......5777
General Services Commission
Tuesday, May 26, 1998, 9:30 a.m......5777
Texas Guaranteed Student Loan Corporation
Thursday, May 28, 1998, 10:30 a.m......5778
Thursday, May 28, 1998, 10:30 a.m......5778
Thursday, May 28, 1998, 11:30 a.m......5778
Texas Health Care Information Council 
Wednesday, May 27, 1998, 1:00 p.m......5778
Texas Health Insurance Risk Pool ("Health Pool")
Friday, May 22, 1998, 9:00 a.m......5779
Texas Higher Education Coordinating Board
Wednesday, May 27, 1998, 9:00 a.m......5779
Wednesday, May 27, 1998, 11:00 a.m......5779
Monday, June 15, 1998, 1:00 p.m......5779
Texas Department of Housing and Community Affairs
Wednesday, May 27, 1998, 10:00 a.m......5779
Saturday, June 6, 1998, 10:00 a.m......5779
Saturday, June 13, 1998, 10:00 a.m......5779
Saturday, June 20, 1998, 10:00 a.m......5780
Texas Commission on Human Rights
Thursday, May 28, 1998, 9:00 a.m......5780
State Independent Living Council
Thursday, May 21, 1998, 9:00 a.m......5780
Texas Department of Insurance
Friday, May 29, 1998, 9:00 a.m......5780
Friday, May 29, 1998, 1:00 p.m......5780
Monday, June 1, 1998, 1:00 p.m......5780
Tuesday, June 2, 1998, 9:30 a.m......5781
Wednesday, June 3, 1998, 9:30 a.m......5781
Texas Commission on Law Enforcement Officer Standards and Education
Thursday, June 11, 1998, 1:30 p.m......5781
Friday, June 12, 1998, 9:30 a.m......5781
Texas Appraiser Licensing and Certification Board
Thursday, May 28, 1998, Noon.....5781
Friday, May 29, 1998, 8:00 a.m......5782
Friday, May 29, 1998, 9:30.....5782
Texas Natural Resource Conservation Commission
Thursday, May 21, 1998, 1:30 p.m......5782
Monday, June 1, 1998, 10:00 a.m......5782
Tuesday, June 2, 1998, 9:30 a.m......5783
Board of Vocational Nurse Examiners
Monday-Tuesday, June 8-9, 1998, 9:00 a.m......5783
Texas Board of Occupational Therapy Examiners
Friday, May 29, 1998, 9:30 a.m......5783
Texas Parks and Wildlife Department
Wednesday, June 3, 1998, 9:00 a.m......5783
Wednesday, June 3, 1998, 9:00 a.m......5783
Wednesday, June 3, 1998, 9:00 a.m......5784
Wednesday, June 3, 1998, 9:00 a.m......5784
Wednesday, June 3, 1998, 9:00 a.m......5784
Wednesday, June 3, 1998, 6:30 p.m......5784
Thursday, June 4, 1998, 9:00 a.m......5784
Texas Department of Public Safety
Tuesday, June 2, 1998, 10:30 a.m......5784
Public Utility Commission of Texas
Thursday, May 21, 1998, 9:30 a.m......5785
Records Management Interagency Coordinating Council
Wednesday, June 3, 1998, 10:00 a.m......5785
Rural Community Health System
Tuesday, May 26, 1998, 6:30 p.m......5785
Wednesday, May 27, 1998, 9:30 a.m......5785
Wednesday, May 27, 1998, 9:30 a.m......5786
Wednesday, May 27, 1998, 10:30 a.m......5786
Sabine River Compact Administration
Friday, June 19, 1998, 9:30 a.m......5786
State Securities Board
Thursday, June 18, 1998, 9:00 a.m......5786
Texas State Soil and Water Conservation Board
Wednesday, May 20, 1998, 1:00 p.m......5787
Texas Southern University
Friday, May 22, 1998, 8:30 a.m......5787
Friday, May 22, 1998, 2:30 p.m. (Rescheduled from May 22, 1998, 8:30 
a.m.).....5787
Sunset Advisory Commission
Thursday, May 28, 1998, 9:00 a.m......5787
Teacher Retirement System of Texas
Thursday, May 21, 1998, 8:30 a.m......5787
Thursday, May 21, 1998, 10:00 a.m......5788
Thursday, May 21, 1998, 1:00 p.m......5788
Friday, May 22, 1998, 8:00 a.m......5788
Friday, May 22, 1998, 8:00 a.m......5788
Friday, May 22, 1998, 9:00 a.m......5788
Friday, May 22, 1998, 11:30 a.m......5789
Texas Department of Transportation
Monday, June 15, 1998, 9:30 a.m......5789
The University of Texas System
Tuesday, May 19, 1998, 9:00 a.m......5789
Wedneday, May 27, 1998, 3:00 p.m......5789
Wintergarden Spinach Producers Board
Thursday, May 21, 1998, 1:30 p.m......5790
Texas Workers' Compensation Insurance Fund
Tuesday, May 26, 1998, 8:00 p.m......5790
Wednesday, May 27, 1998, 1:00 p.m......5790
Texas Workforce Commission
Wednesday, May 27, 1998, 10:00 a.m......5790
Regional Meetings
****IN ADDITION****
Texas Department of Agriculture
Public Grain Warehouses: Schedule of Violations, Adminstrative Penalties and 
Enforcement Action.....5795
Texas Department of Banking
Correction of Errors.....5806
Texas Commission for the Blind
Request For Proposal Professional Auditing Services.....5807
Request For Proposal-Professional Auditing Services.....5807
Children's Trust Fund of Texas Council
Request for Proposal (RFP).....5808
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program.....5809
Texas Credit Union Department
Application(s) for a Merger or Consolidation.....5809
Application(s) to Expand Field of Membership.....5809
Notices of Applications Approved.....5810
Deep East Texas Local Workforce Development Board
Notice of Award.....5810
Texas Department of Economic Development
Notice of Availability of Electronic State Business Daily.....5810
Texas Education Agency
Notice of Extention of Deadline for Standard Application System (SAS) #308R 
Concerning Public Charter Schools.....5810
Request for Applications Concerning Texas Reading Academies for School Year 
1998-1999.....5810
Texas Board of Professional Engineers
Architecture/Engineering Boards Liaison Committee Meeting.....5811
Texas Department of Health
Correction of Errors.....5811
Licensing Action for Radioactive Materials.....5812
Notice of Consultant Contract Award.....5815
Notice of Public Hearing on Proposed Ephedrine Rules.....5815
Notice of Uranium By-Product Material License Amendment - Everest Exploration, 
Inc......5816
Notice of Uranium By-Product Material License Amendment - Intercontinental 
Energy Corporation.....5816
Notice of Uranium By-Product Material License Amendment - URI, Inc......5817
Health and Human Services Commission
Public Notices.....5817
Texas Higher Education Coordinating Board
Notice of Meeting.....5818
Notice of Meeting.....5818
Texas Department of Housing and Community Affairs
Notice of Administrative Hearing-(MHD1998000147AD).....5818
Notice of Administrative Hearing-(1997001472D).....5818
Notice of Administrative Hearing-(1997003154I).....5819
Request for Proposals for Structural Engineering Services.....5819
Texas Department of Insurance
Insurer Services.....5819
Notice.....5820
Notice of Public Hearing.....5820
Notice of Texas Title Insurance Hearings Relating to Home Equity Loans.....5820
Third Party Administrator Applications.....5822
Texas Lottery Commission
Game Procedures - Instant Game Number 133.....5822
Texas Natural Resource Conservation Commission
Correction of Errors.....5827
Consultant Contract Award.....5827
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement 
Actions.....5828
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions.....5829
Notice of Opportunity to Comment on Shutdown Order of Administrative Enforcement 
Actions.....5830
Public Notice.....5831
North Texas Tollway Authority 
Request for Qualifications—Systems Integration Consultant.....5831
Public Utility Commission of Texas
Notices of Application for Amendment to Service Provider Certificate of 
Operating Authority.....5831
Notices of Application for Service Provider Certificate of Operating 
Authority.....5832
Notices of Application for Suspension of Requirements Under P.U.C. Substantive 
Rule sec.23.103.....5832
Notice of Application to Amend Certificate of Convenience and Necessity.....5833
Notices of Intent to File Pursuant to P.U.C. Substantive Rule sec.23.27.....5833
Public Notices of Interconnection Agreement.....5834
Texas Department of Protective and Regulatory Services
Request for Proposal — Pilot/Project PACE.....5840
Texas Department of Transportation
Notice of Intent.....5841
Notice of Invitation-Abilene District.....5841
Notice of Invitation-Lubbock District.....5842
University of Houston System
Request for Proposal-Bond Counsel Services.....5843
Request for Proposal-Intellectual Property Counsel Services.....5844
Request for Proposals-Real Estate Counsel Services.....5845
Request for Proposals-Tax Counsel.....5846
Request for Proposals-Telecommunication Counsel Services.....5847
Board for Lease of University Lands
Notice of Adoption of Rules of the Board for Lease of University Lands......5848
The University of Texas System
Requests for Information (RFI).....5848
Texas Workforce Commission
Wagner-Peyser Funding Allocation for Employment Service Activities.....5852