Texas Register
Vol. 23 No. 25
June 19, 1998
Pages 6367-6658

****ATTORNEY GENERAL****
Letter Opinions.....6375
****TEXAS ETHICS COMMISSION****
Advisory Opinion Requests.....6377
****EMERGENCY RULES****
Texas Department of Housing and Community Affairs
Manufactured Housing
10 TAC sec.80.54.....6379
****PROPOSED RULES****
Texas Department of Health
Early and Periodic Screening, Diagnosis, and Treatment
25 TAC sec.33.140.....6381
25 TAC sec.sec.33.601-33.609.....6382
Texas Natural Resource Conservation Commission
Exemptions From Permitting
30 TAC sec.106.261, sec.106.262.....6386
Consolidated Permits
30 TAC sec.305.42.....6388
30 TAC sec.305.126.....6389
Industrial Solid Waste and Municipal Hazardous Waste 
30 TAC sec.sec.335.1, 335.2, 335.6, 335.11-335.13, 335.17-335.19, 335.21, 
335.23, 335.24, 335.29, 335.31.....6398
30 TAC sec.335.41.....6413
30 TAC sec.sec.335.61, 335.62, 335.76, 335.78.....6414
30 TAC sec.335.91.....6417
30 TAC sec.335.112, sec.335.114.....6417
30 TAC sec.sec.335.152, 335.154, 335.156.....6418
30 TAC sec.sec.335.211, 335.213, 335.214.....6419
30 TAC sec.335.221.....6420
30 TAC sec.335.241.....6420
30 TAC sec.335.251.....6421
30 TAC sec.335.261.....6422
30 TAC sec.335.431.....6423
Comptroller of Public Accounts
Tax Administration
34 TAC sec.3.558.....6423
Funds Management (Fiscal Affairs)
34 TAC sec.5.200.....6424
Teacher Retirement System of Texas
Insurance
34 TAC sec.41.8.....6425
Texas Youth Commission
Treatment
37 TAC sec.87.5.....6426
Program Services
37 TAC sec.91.13.....6427
Texas Commission for the Deaf and Hard of Hearing 
Specialized Telecommunications Device Assistance Program
40 TAC sec.182.4.....6427
Children's Trust Fund of Texas
Council Administration: Policies and Procedures
40 TAC sec.sec.201.1, 201.3, 201.6, 102.7.....6428
40 TAC sec.sec.201.8, 201.9, 201.10.....6429
Funded Program Awards and Contracts
40 TAC sec.sec.202.6, 202.8, 202.10.....6430
40 TAC sec.202.9.....6431
Advisory Committees
40 TAC sec.sec.203.1-203.5.....6431
Texas Department on Aging
Area Agency on Aging Administrative Requirements
40 TAC sec.260.1.....6431
****WITHDRAWN RULES****
State Board of Dental Examiners
Dental Board Procedures
22 TAC sec.107.101.....6433
Texas Department of Health
Early and Periodic Screening, Diagnosis, and Treatment
25 TAC sec.33.140.....6433
25 TAC sec.33.601-33.609.....6433
Texas Department on Aging
Area Agency on Aging Administrative Requirements
40 TAC sec.260.1.....6433
****ADOPTED RULES****
Health and Human Services Commission
Medicaid Fraud and Abuse and Program Integrity
1 TAC sec.sec.371.1501, 371.1503, 371.1505, 371.1507, 371.1509.....6435
Texas Department of Agriculture
General Procedures
4 TAC sec.sec.1.700-1.702.....6435
Texas State Library and Archives Commission
TexShare Library Consortium
13 TAC sec.sec.8.1-8.6.....6436
Railroad Commission of Texas
Oil and Gas Division
16 TAC sec.3.102.....6437
Rail Division
16 TAC sec.5.10.....6437
State Board of Dental Examiners
Continuing Education
22 TAC sec.104.1.....6440
22 TAC sec.104.4.....6440
Dental Board Procedures
22 TAC sec.107.200.....6441
22 TAC sec.107.201.....6441
22 TAC sec.107.400.....6441
Conduct
22 TAC sec.109.144.....6442
Texas Appraiser Licensing and Certification Board
Provisions of the Texas Appraiser Licensing and Certification Act
22 TAC sec.sec.153.1, 153.8, 153.13, 153.18.....6443
Board of Nurse Examiners
Practice and Procedure
22 TAC sec.sec.213.1-213.33.....6444
22 TAC sec.sec.213.1-213.33.....6444
Texas Department of Health
Purchased Health Services
25 TAC sec.29.1126.....6445
Texas Workers' Compensation Commission
General Medical Provisions
28 TAC sec.133.101.....6445
28 TAC sec.133.206.....6446
Benefits-Guidelines for Medical Services, Charges, and Payments
28 TAC sec.134.1002.....6473
Texas Natural Resource Conservation Commission
Control of Air Pollution From Toxic Materials
30 TAC sec.113.1.....6504
30 TAC sec.113.21.....6504
Municipal Solid Waste
30 TAC sec.330.4.....6506
30 TAC sec.330.26.....6507
Texas Parks and Wildlife Department
Fisheries
31 TAC sec.sec.57.111, 57.113, 57.114.....6507
Resource Protection
31 TAC sec.69.75, sec.69.77.....6511
Comptroller of Public Accounts
Funds Management (Fiscal Affairs)
34 TAC sec.5.22.....6513
34 TAC sec.5.46.....6513
Texas Department of Human Services
Medically Needy Program
40 TAC sec.2.1004, sec.2.1006.....6513
Medicaid Programs -- Children and Pregnant Women
40 TAC sec.4.1004, sec.4.1010.....6514
Medicaid Programs for Aliens
40 TAC sec.5.2004.....6514
Medicaid Eligibility
40 TAC sec.15.220.....6515
Nursing Facility Administrators
40 TAC sec.sec.18.17-18.20.....6518
40 TAC sec.sec.18.17-18.20.....6518
Texas Rehabilitation Commission
General Rules
40 TAC sec.sec.101.1, 101.2, 101.8-101.10, 101.13.....6521
40 TAC sec.101.6, sec.101.7.....6521
Vocational Rehabilitation Services Program
40 TAC sec.sec.103.1, 103.4, 103.9, 103.11-103.13, 103.15-103.17, 
103.19.....6521
40 TAC sec.103.21.....6522
40 TAC sec.103.31, sec.103.32.....6522
40 TAC sec.sec.103.41, 103.42, 103.44.....6523
40 TAC sec.sec.103.51-103.55.....6523
Extended Rehabilitation Services Program
40 TAC sec.sec.105.1, 105.3-105.5.....6523
40 TAC sec.105.6.....6523
Independent Living Services Program
40 TAC sec.sec.107.1, 107.2, 107.5.....6523
Medicaid Waiver Program for People who are Deaf-Blind with Multiple Disabilities
40 TAC sec.sec.111.1-111.4.....6524
Comprehensive Rehabilitation Services
40 TAC sec.sec.113.1, 113.2, 113.4, 113.5.....6524
Memoranda of Understanding With Other State Agencies
40 TAC sec.115.6.....6525
40 TAC sec.115.8.....6525
Advisory Committees/Councils
40 TAC sec.116.5.....6525
40 TAC sec.116.6, sec.116.7.....6525
Texas Commission for the Deaf and Hard of Hearing
General Rules of Practice and Procedures
40 TAC sec.181.41.....6525
40 TAC sec.181.810.....6526
40 TAC sec.181.840.....6526
****RULE REVIEW****
Proposed Rule Review
Texas Animal Health Commission.....6527
Adopted Rule Reviews
Texas Department on Aging.....6527
Texas Department of Economic Development.....6528
Board of Nurse Examiners.....6528
Texas Rehabilitation Commission.....6528
****TABLES AND GRAPHICS****
Tables and Graphics.....6531
****OPEN MEETINGS****
Texas State Board of Public Accountancy
Monday, June 15, 1998, 9:00 a.m......6585
Wednesday, June 24, 1998, 9:00 a.m......6585
State Office of Administrative Hearings
Monday, June 15, 1998, 10:00 a.m......6586
Texas Aerospace Commission
Thursday, June 18, 1998, 9:00 a.m......6586
Agriculture Resources Protection Authority
Thursday, June 25, 1998, 10:00 a.m......6586
State Bar of Texas
Thursday, June 11, 1998, 8:30 a.m......6586
Friday, June 12, 1998, 8:30 a.m......6587
Texas Commission for the Blind
Friday, June 19, 1998, 10:00 a.m......6587
Texas Bond Review Board
Thursday, June 18, 1998, 10:00 a.m......6587
Texas Board of Chiropratic Examiners
Thursday, June 18, 1998, 10:00 a.m......6587
Office of Court Administration
Thursday, June 25, 1998, 10:00 a.m......6587
Monday, June 29, 1998, 10:00 a.m......6588
Monday, June 29, 1998, 10:00 a.m......6588
Texas School for the Deaf
Tuesday, June 16, 1998, 6:00 p.m......6588
Thursday-Friday, June 18-19, 1998, 6:00 p.m. and 8:15 a.m. 
(respectively.).....6588
Saturday, June 20, 1998, 8:30 a.m......6588
Texas Planning Council for Developmental Disabilities
Friday, June 26, 1998, 9:30 a.m......6589
Texas Council on Purchasing from People with Disabilities
Friday, June 26, 1998, 10:00 a.m......6589
State Board for Educator Certification
Friday-Saturday, June 26-27, 1998, Noon and 8:00 a.m......6589
Advisory Commission on State Emergency Communications
Tuesday, June 16, 1998, 1:30 p.m......6590
State Employee Charitable Campaign
Wednesday, June 17, 1998, 9:00 a.m......6590
Wednesday, June 17, 1998, 3:30 p.m......6590
Wednesday, June 24, 1998, 1:30 p.m......6590
Wednesday, July 15, 1998, 1:30 p.m......6590
Wednesday, August 5, 1998, 1:30 p.m......6591
Wednesday, September 16, 1998, 1:30 p.m......6591
Wednesday, October 14, 1998, 1:30 p.m......6591
Wednesday, December 2, 1998, 1:30 p.m......6591
Employees Retirement System of Texas
Thursday, June 11-12, 1998, 9:00 a.m......6591
Texas Board of Professional Engineers
Wednesday, June 17, 1998, 2:00 p.m......6591
Texas Ethics Commission
Friday, June 12, 1998, 9:30 a.m......6592
General Land Office
Tuesday, June 16, 1998, 3:30 p.m......6592
Office of the Governor
Friday, June 25, 1998, 9:00 a.m......6592
Friday, June 25, 1998, 10:00 a.m......6592
Friday, June 25, 1998, 10:00 a.m......6592
Texas Health Insurance Risk Pool (Health Pool)
Tuesday, June 16, 1998, 8:00 a.m......6593
Texas Healthy Kids Corporation
Monday, June 15, 1998, 9:30 a.m......6593
Texas Deparment of Housing and Community Affairs
Friday, June 12, 1998, 9:00 a.m......6593
Friday, June 12, 1998, 9:30 a.m......6593
Friday, June 12, 1998, 9:30 a.m......6594
Friday, June 12, 1998, 10:00 a.m......6594
Friday, June 12, 1998, 10:00 a.m......6594
Friday, June 12, 1998, 11:30 a.m......6595
Texas Department of Human Services 
Thursday, June 18, 1998, 10:00 a.m......6595
Wednesday, June 24, 1998, 9:00 a.m......6595
Texas Department of Insurance
Tuesday, June 23, 1998, 9:30 a.m......6595
Monday, June 29, 1998, 9:00 a.m......6595
Monday, June 29, 1998, 9:30 a.m......6596
Monday, June 29, 1998, 1:00 p.m......6596
Tuesday, June 30, 1998, 9:00 a.m......6596
Tuesday, June 30, 1998, 9:30 a.m......6596
Wednesday, July 1, 1998, 9:00 a.m......6596
Monday, July 6, 1998, 9:00 a.m......6596
Tuesday, July 7, 1998, 9:00 a.m......6597
Texas Juvenile Probation Commission
Thursday, June 18, 1998, 10:00 a.m......6597
Thursday, June 18, 1998, 10:30 a.m......6597
Thursday, June 18, 1998, 11:00 a.m......6597
Board of Law Examiners
Friday-Saturday, June 12-13, 1998, 8:00 a.m......6598
Board for Lease of University Lands
Tuesday, June 16, 1998, 1:30 p.m......6598
Texas State of Licensing and Regulation
Tuesday, June 16, 1998, 9:30 a.m. (Reschedule from May 27, 1998.).....6598
Wednesday, June 17, 1998, 9:30 a.m. (Rescheduled from May 13, 1998.).....6598
Monday, June 22, 1998, 1:30 p.m......6598
Tuesday, June 30, 1998, 9:30 a.m. (Reschedule from June 2, 1998.).....6599
Texas Mental Health and Mental Retardation Board
Friday, June 12, 1998, at 9:30 a.m......6599
Midwestern State University
Wednesday, June 10, 1998, 9:30 a.m......6599
Texas Natural Resource Conservation Commission 
Monday, June 15, 1998, 8:30 a.m......6599
Monday, June 15, 1998, 8:30 a.m......6600
Wednesday, June 17, 1998, 9:30 a.m. and 1:00 p.m. (respectively.).....6600
Tuesday, June 23, 1998, at 10:00 a.m......6600
Tuesday, June 23, 1998, at 10:00 a.m......6600
Thursday, June 25, 1998, at 10:00 a.m......6600
Texas Board of Occupational Therapy Examiners
Friday, June 12, 1998, 9:30 a.m......6601
Friday, June 12, 1998, 2:00 p.m......6601
Texas State Board of Plumbing Examiners
Friday, June 19, 1998, 8:30 a.m......6601
Friday, June 19, 1998, 10:30 a.m......6601
Texas Public Finance Authority
Wednesday, June 17, 1998, 10:30 a.m......6602
Texas Department of Public Safety
Wednesday, June 10, 1998, 3:00 p.m......6602
Public Utility Commission of Texas
Thursday, June 11, 1998, 11:00 a.m......6602
Recycling Market Development Board
Thursday, June 25, 1998, 10:00 a.m......6602
Rural Community Health System
Friday, June 19, 1998, 9:00 a.m......6603
Friday, June 19, 1998, 9:00 a.m......6603
Friday, June 19, 1998, 9:00 a.m......6603
Friday, June 19, 1998, 9:00 a.m......6603
Friday, June 19, 1998, 11:00 a.m......6604
School Land Board
Tuesday, June 16, 1999, 10:00 a.m......6604
Council on Sex Offender Treatment
Friday, June 19, 1998, 9:00 a.m......6604
Sheep and Goat Raisers Commodity
Tuesday, June 16, 1998, 10:30 a.m......6604
Texas Southern University
Thursday, July 9, 1998, 10:00 a.m......6605
Thursday, July 9, 1998, 11:15 a.m......6605
Thursday, July 9, 1998, 12:30 p.m......6605
Thursday, July 9, 1998, 1:15 p.m......6605
Thursday, July 9, 1998, 2:15 p.m......6605
Friday, July 10, 1998, 8:30 a.m......6605
Special Board of Review
Monday, June 15, 1998, 5:30 p.m......6605
Texas State University System
Friday, June 12, 1998, 9:30 a.m......6606
University of Houston
Tuesday, June 16, 1998, 9:00 a.m......6606
Texas Board of Veterinary Medical Examiners
Thursday-Friday, June 11-12, 1998, 8:30 a.m......6606
Texas Water Development Board
Wednesday, June 17, 1998, 3:00 p.m......6606
Wednesday, June 17, 1998, 4:00 p.m......6607
Thursday, June 18, 1998, 9:00 a.m......6607
Texas Water Resources Finance Authority
Thursday, June 18, 1998, 9:00 a.m......6607
Texas Workforce Commission
Monday, June 15, 1998, 9:00 a.m......6607
Tuesday, June 16, 1998, 9:00 a.m......6608
Texas Council on Workforce and Economic Competitiveness
Monday, June 15, 1998, 10:00 a.m......6608
Tuesday, June 16, 1998, 10:00 a.m......6608
Regional Meetings.....6609
****IN ADDITION****
Texas State Board of Public Accountancy
Request for Proposal.....6615
Agriculture Resources Protection Authority
Notice of Taking Public Comments on State Pesticide Regulation.....6615
Texas Commission for the Blind
Requests for Proposals-Rehabilitation Project Grants.....6616
COASTAL COORDINATION COUNCIL
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program.....6616
Notice of Availability and Request for Public Comment.....6617
Comptroller of Public Accounts
Local Sales Tax Rate Changes Effective July 1, 1998.....6617
Texas Commission for the Deaf and Hard of Hearing
Requests for Proposals.....6618
Deep East Texas Local Workforce Development Board, Inc.
Request for Proposals for Deep East Texas Workforce Centers.....6622
East Texas Council of Governments
Request for Proposals for Operation of One Stop Career Centers.....6623
Texas Education Agency
Request for Applications Concerning Adult Education Special Projects and Gateway 
Grants.....6623
State Finance Commission
Notice of Award of Contract.....6624
General Services Commission
Notice of Contract Award under the Government Energy Management Program.....6624
Texas Department of Health
Licensing Action for Radioactive Materials.....6625
Notice of Public Hearings for Development and Review of Block Grant 
Funds.....6628
Notice of Request for Application (RFA) for the Medicaid Managed Care Program 
for the Dallas and El Paso Service Areas.....6628
Health and Human Services Commission
Cancellation of Public Hearing.....6629
Public Notice.....6629
Texas Department of Insurance
Insurer Services.....6629
Notice of Call for Issues Related to 1998 Biennial Title Hearing.....6630
Third Party Administrator Applications.....6630
Notice of Public Hearing.....6630
Texas Lottery Commission
Game Procedures - Instant Game Number 119.....6630
Game Procedures - Instant Game Number 138.....6635
Texas Department of Mental Health and Mental Retardation
Public Hearing Notice.....6639
Texas Natural Resource Conservation Commission 
Notice Of Application For Municipal Solid Waste Management Facility 
Permit.....6640
Notices of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions.....6640
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement 
Actions.....6643
Notice of Opportunity to Comment on Shutdown Orders of Administrative 
Enforcement Actions.....6644
Notice of Public Hearing (sec.106.261, sec.106.262).....6645
Proposal for Decision.....6645
Public Notices.....6645
Plateau Water Planning Group 
Notice of Application for State Financial Assistance for the Development of a 
Scope of Work for a Regional Water Plan.....6646
Public Utility Commission of Texas
Applications to Introduce New or Modified Rates or Terms Pursuant to P.U.C. 
Substantive Rule 23.25.....6647
Notice of Amendment to Interconnection Agreement.....6647
Notice of Application for Amendment to Service Provider Certificate of Operating 
Authority.....6648
Notice of Application for Service Provider Certificate of Operating 
Authority.....6648
Notice of Intent to File Pursuant to P.U.C. Substantive Rule 23.27.....6648
Notices of Interconnection Agreement.....6649
Texas Racing Commission
Notice of Deadline for Applications for Recognition as Horsemen's 
Representative.....6651
Texas A&M University System
Request for Proposal.....6652
Texas Department of Transportation
Public Notices.....6652
Texas Water Development Board
Request for Proposals.....6652
Texas Workforce Commission
Local Innovation and Job Retention and Reemployment Assistance RFA Internet 
Address .....6653
Notice of Availability of Funds and Request for Applications.....6653
Notices of Grant Awards.....6656
Notice of Intent to Review Catalogue.....6657