Texas Register
Vol. 23 No. 32
August 7, 1998
Pages 7939-8306

****PROPOSED RULES****
Office of the Governor
Criminal Justice Division
1 TAC sec.3.5.....7947
1 TAC sec.sec.3.110, 3.115, 3.150, 3.160, 3.165, 3.180, 3.185, 3.190.....7948
1 TAC sec.3.125.....7949
1 TAC sec.sec.3.210, 3.215, 3.240, 3.250, 3.260, 3.280, 3.285, 3.295.....7949
1 TAC sec.3.225.....7950
1 TAC sec.sec.3.310, 3.315, 3.350, 3.380, 3.385, 3.395.....7950
1 TAC sec.3.325.....7951
1 TAC sec.sec.3.405, 3.410, 3.420, 3.440, 3.450, 3.480, 3.485, 3.490, 
3.495.....7951
1 TAC sec.3.425.....7953
1 TAC sec.sec.3.500, 3.505,.....7953
1 TAC sec.3.525.....7956
1 TAC sec.sec.3.615, 3.635, 3.640, 3.645, 3.685, 3.696.....7956
1 TAC sec.3.625, sec.3.660.....7957
1 TAC sec.sec.3.705, 3.710, 3.715, 3.740, 3.760, 3.770, 3.785, 3.790.....7957
1 TAC sec.3.725.....7959
1 TAC sec.sec.3.910, 3.915, 3.935, 3.940, 3.945, 3.950, 3.960, 3.970, 3.980, 
3.985, 3.990.....7959
1 TAC sec.3.925, sec.3.955.....7961
1 TAC sec.sec.3.1015, 3.1030, 3.1050, 3.1060, 3.1080, 3.1085.....7961
1 TAC sec.3.1025.....7962
1 TAC sec.sec.3.1100, 3.1105, 3.1110, 3.1115, 3.1120, 3.1130, 3.1135, 3.1140, 
3.1165, 3.1180, 3.1185.....7962
1 TAC sec.3.2000.....7963
1 TAC sec.sec.3.2005, 3.2010, 3.2020.....7963
1 TAC sec.sec.3.3045, 3.3050, 3.3055, 3.3060, 3.3065, 3.3066, 3.3067, 3.3070, 
3.3075.....7965
1 TAC sec.sec.3.4000, 3.4015, 3.4025, 3.4055, 3.4070, 3.4075, 3.4080, 
3.4095.....7971
1 TAC sec.sec.3.4030, 3.4045, 3.4065, 3.4090, 3.4130.....7977
1 TAC sec.sec.3.4100, 3.4105, 3.4115, 3.4120, 3.4125, 3.4135, 3.4140, 3.4145, 
3.4150, 3.4155.....7977
1 TAC sec.sec.3.5000, 3.5004, 3.5005.....7979
1 TAC sec.sec.3.6000, 3.6010, 3.6015, 3.6020, 3.6025, 3.6030, 3.6040, 3.6045, 
3.6050, 3.6055, 3.6060, 3.6065, 3.6070, 3.6075, 3.6080, 3.6090, 3.6095.....7980
1 TAC sec.sec.3.6100, 3.6105, 3.6110, 3.6115, 3.6120.....7985
1 TAC sec.sec.3.7000, 3.7010, 3.7015, 3.7020.....7986
1 TAC sec.3.7005.....7988
1 TAC sec.3.8000.....7988
Budget and Planning Office
1 TAC sec.5.195.....7989
Office of the Secretary of State
Uniform Commercial Code
1 TAC sec.sec.95.1-95.5.....7990
1 TAC sec.sec.95.31-95.36.....7990
1 TAC sec.95.41.....7990
1 TAC sec.95.51.....7991
1 TAC sec.95.61, sec.95.62.....7991
1 TAC sec.sec.95.100-95.117.....7991
1 TAC sec.sec.95.200-95.208.....7996
1 TAC sec.sec.95.300-95.304.....7997
1 TAC sec.sec.95.400-95.414.....7998
1 TAC sec.sec.95.440-95.450.....8001
1 TAC sec.sec.95.500-95.520.....8003
1 TAC sec.sec.95.601-95.605.....8005
1 TAC sec.sec.95.700-95.706.....8007
1 TAC sec.sec.95.800-95.803.....8008
State Office of Administrative Hearings
Arbitration Procedures for Certain Enforcement Actions of the Department of 
Human Resources
1 TAC sec.sec.163.3, 163.11, 163.15, 163.19, 163.21, 163.23, 163.25, 163.43, 
163.55, 163.61, 163.67.....8009
Public Utility Commission of Texas
Substantive Rules Applicable to Electric Service Providers
16 TAC sec.25.251.....8011
Board of Nurse Examiners
Advanced Practice Nurses
22 TAC sec.221.7.....8014
Texas State Board of Public Accountancy
Professional Conduct
22 TAC sec.501.41.....8015
Certification as a CPA
22 TAC sec.511.73.....8015
22 TAC sec.511.122.....8016
Fee Schedule
22 TAC sec.521.2.....8017
Texas Department of Health
Immunization Registry
25 TAC sec.sec.100.1-100.11.....8018
Texas Department of Insurance
Trade Practices
28 TAC sec.sec.21.2401-21.2407.....8022
Comptroller of Public Accounts
Tax Administration
34 TAC sec.3.70.....8026
34 TAC sec.3.74.....8026
Texas Department of Public Safety
Commercial Driver's License
37 TAC sec.16.12.....8028
Texas Department of Criminal Justice
State Jail Felony Facilities
37 TAC sec.157.4.....8029
Texas Juvenile Probation Commission
Case Management Standards
37 TAC sec.sec.346.1-346.5.....8030
Texas Department of Human Services
Income Assistance Services
40 TAC sec.3.704.....8032
40 TAC sec.3.902.....8033
Medicaid Eligibility
40 TAC sec.15.430.....8033
Contracted Services
40 TAC sec.69.212.....8034
****WITHDRAWN RULES****
Texas Department of Health
Abortion Facilities
25 TAC sec.139.4.....8035
****ADOPTED RULES****
Texas Department of Agriculture
Cotton Pest Control
4 TAC sec.20.22.....8037
Office of the Texas State Chemist/Texas Feed and Fertilizer Control Service
Commercial Fertilizer Rules
4 TAC sec.65.85.....8037
Public Utility Commission of Texas
Practice and Procedure
16 TAC sec.22.142, sec.22.143.....8038
16 TAC sec.22.246.....8038
Texas State Board of Public Accountancy
The Board
22 TAC sec.505.11.....8042
Texas Department of Health
Hospital Licensing
25 TAC sec.sec.133.1-133.3.....8061
25 TAC sec.133.1, sec.133.2.....8062
25 TAC sec.sec.133.11-133.14.....8065
25 TAC sec.133.21, sec.133.22.....8065
25 TAC sec.sec.133.21-133.26.....8066
25 TAC sec.sec.133.41-133.47.....8066
25 TAC sec.sec.133.51-133.54.....8084
25 TAC sec.133.61, sec.133.62.....8084
25 TAC sec.133.71, sec.133.72.....8085
25 TAC sec.133.81.....8085
25 TAC sec.133.101, sec.133.102.....8085
25 TAC sec.133.101, sec.133.102.....8086
25 TAC sec.sec.133.111-133.113.....8086
25 TAC sec.133.121.....8086
25 TAC sec.133.121, sec.133.122.....8087
25 TAC sec.133.131.....8087
25 TAC sec.sec.133.141-133.143.....8088
25 TAC sec.sec.133.161-133.169.....8089
Abortion Facilities
25 TAC sec.sec.139.1-139.14.....8162
25 TAC sec.sec.139.1-139.3, 139.5-139.8.....8162
25 TAC sec.sec.139.21-139.25.....8166
25 TAC sec.sec.139.31-139.34.....8170
25 TAC sec.sec.139.41-139.60.....8174
Comptroller of Public Accounts
Tax Administration
34 TAC sec.3.161.....8182
34 TAC sec.3.297.....8182
Texas Youth Commission
Treatment
37 TAC sec.87.5.....8185
Program Services
37 TAC sec.91.13.....8186
Texas Department of Human Services
Medicaid Eligibility
40 TAC sec.15.612.....8186
Certification of Long Term Care Facilities
40 TAC sec.96.6.....8186
Texas Rehabilitation Commission
Special Rules and Policies
40 TAC sec.117.2.....8188
Texas Commission for the Deaf and Hard of Hearing
Specialized Telecommunications Devices Assistance Program
40 TAC sec.182.4.....8189
Texas Workforce Commission
Communities in Schools
40 TAC sec.827.1, sec.827.2.....8203
40 TAC sec.sec.827.11-827.14.....8204
40 TAC sec.827.21.....8205
40 TAC sec.sec.827.31-827.33.....8205
40 TAC sec.sec.827.41-827.43.....8206
40 TAC sec.sec.827.51-827.55.....8207
****RULE REVIEW****
Agency Rule Review Plans
Texas Commission on Fire Protection.....8209
Texas Veterans Commission.....8209
Texas State Board of Examiners of Dietitians.....8209
State Committee of Examiners in the Fitting and Dispensing of Hearing 
Instruments.....8209
Texas State Board of Examiners of Marriage and Family Therapists.....8209
Texas Board of Licensure for Professional Medical Physicists.....8209
Texas Department of Public Safety.....8209
Texas Board of Examiners for Speech-Language Pathology and Audiology.....8209
State Board of Dental Examiners.....8209
Texas Food and Fibers Commission.....8209
Office of the Secretary of State.....8209
Board of Tax Professional Examiners.....8209
State Aircraft Pooling Board.....8209
Texas Cosmetology Commission.....8209
Texas Alternative Fuels Council.....8209
Texas Department of Licensing and Regulation.....8209
Texas Ethics Commission.....8209
Texas Low-Level Radioactive Waste Disposal Authority.....8209
Railroad Commission of Texas.....8210
Interagency Council on Early Childhood Intervention.....8210
Polygraph Examiners Board.....8210
Texas State Library and Archives Commission.....8210
Proposed Rule Reviews
Texas Bond Review Board.....8210
State Office of Administrative Hearings.....8210
Texas Real Estate Commission.....8211
Adopted Rule Reviews
Public Utility Commission of Texas.....8211
Texas Real Estate Commission.....8212
****TABLES AND GRAPHICS****
Tables and Graphics.....8213
****OPEN MEETINGS****
Texas State Board of Public Accountancy
Wednesday, July 29, 1998, 9:30 a.m......8259
Monday, August 10, 1998, 1:30 p.m......8259
State Office of Administrative Hearings
Monday, August 10, 1998, 9:00 a.m......8259
Texas Department on Aging
Thursday, August 13, 1998, 9:30 a.m......8260
Texas Department of Agriculture
Thursday, August 3, 1998, 2:00 p.m......8260
Thursday, August 3, 1998, 3:00 p.m......8260
Thursday, August 6, 1998, 10:00 a.m......8260
Texas Agricultural Finance Authority
Thursday-Friday, August 6-7, 1998, 1:00 p.m. and 8:30 a.m. 
(respectively).....8260
Texas Commission on Alcohol and Drug Abuse
Tuesday, August 4, 1998, 10:00 a.m......8260
Texas Animal Health Commission
Tuesday, August 4, 1998, 8:30 a.m......8261
Tuesday, August 4, 1998, 10:00 a.m......8261
Texas Commission for the Blind
Thursday, August 6, 1998, 8:15 a.m......8262
Thursday, August 6, 1998, 9:00 a.m......8262
Thursday, August 6, 1998, 10:30 a.m......8262
Thursday, August 6, 1998, 11:15 a.m......8262
Thursday, August 6, 1998, Noon.....8262
Friday, August 7, 1998, 9:00 a.m......8262
Texas School for the Deaf
Friday, July 31, 1998, 8:30 a.m......8263
Friday, July 31, 1998, 1:00 p.m......8263
State Board of Dental Examiners
Thursday, August 13, 1998, 1:30 p.m......8264
Thursday, August 13, 1998, 2:30 p.m......8264
Friday, August 14, 1998, 7:30 a.m......8264
Friday-Saturday, August 14-15, 1998, 8:30 a.m......8264
State Employee Charitable Campaign
Monday, August 3, 1998, 3:30 p.m......8265
Tuesday, August 4, 1998, Noon.....8265
Finance Commission of Texas
Thursday, August 13, 1998, 2:00 p.m......8265
Friday, August 14, 1998, 8:30 a.m......8265
Texas Department of Health
Tuesday, August 11, 1998, 9:30 a.m......8266
Texas Health Care Information Council
Thursday, July 30, 1998, 3:30 p.m......8266
Department of Information Resources
Wednesday, August 12, 1998, 7:00 p.m......8266
Thursday, August 13, 1998, 9:30 p.m......8267
Texas Department of Insurance
Tuesday, August 4, 1998, 9:00 a.m......8267
Monday, August 10, 1998, 9:00 a.m......8267
Tuesday, August 11, 1998, 1:00 p.m......8267
Texas Judicial Council
Wednesday, August 26, 1998, 10:00 a.m......8267
Wednesday, August 26, 1998, 1:00 p.m......8268
Texas Appraiser Licensing and Certification Board
Friday, August 7, 1998, 9:00 a.m......8268
Texas Department of Licensing and Regulation
Monday, August 3, 1998, 9:30 a.m......8268
Texas Low-Level Radioactive Waste Disposal Authority
Thursday, August 13, 1998, 8:00 a.m......8268
Thursday, August 13, 1998, 9:00 a.m......8268
Thursday, August 13, 1998, 10:00 a.m......8269
Texas State Board of Medical Examiners
Friday, July 24, 1998, 3:30 p.m......8269
Friday, July 24, 1998, 3:30 p.m......8269
Texas Board of Licensure for Professional Medical Physicists 
Thursday, August 6, 1998, 11:00 a.m......8269
Midwestern State University
Wednesday, July 30, 1998, 10:00 a.m......8270
Wednesday, July 30, 1998, 10:00 a.m......8270
Texas Natural Resource Conservation Commission
Wednesday, August 12, 1998, 11:00 a.m......8270
Thursday, August 13, 1998, 1:00 p.m......8270
Tuesday, August 18, 1998, 10:00 a.m......8270
Thursday, August 20, 1998, 9:00 a.m......8270
Wednesday, September 2, 1998, 10:00 a.m......8271
Texas State Board of Pharmacy
Tuesday-Wednesday, August 4-5, 1998, 9:00 a.m......8271
Texas State Board of Plumbing Examiners
Friday, August 7, 1998, 9:00 a.m......8271
Texas State Board of Physician Assistant Examiners
Friday, July 31, 1998, 9:00 a.m......8271
Friday, July 31, 1998, 9:30 a.m......8272
Friday, July 31, 1998, 11:30 a.m......8272
Friday, July 31, 1998, 2:00 p.m......8272
Texas Department of Protective and Regulatory Services
Monday, August 3, 1998, 10:00 a.m......8272
Texas State Board of Examiners of Psychologists
Friday, August 14, 1998, 8:30 a.m......8273
Public Utility Commission of Texas
Wednesday, August 5, 1998, 1:30 p.m......8273
Texas Racing Commission
Thursday, July 30, 1998, 10:30 a.m......8273
Railroad Commission of Texas
Tuesday, July 28, 1998, 9:30 a.m......8273
Tuesday, July 28, 1998, 9:30 a.m......8274
School Land Board
Tuesday, August 4, 1998, 10:00 a.m......8274
Texas Certified Self-Insurer Guaranty Association
Thursday, August 6, 1998, 9:30 a.m......8274
Thursday, August 6, 1998, 9:30 a.m......8275
Texas State Board of Social Worker Examiners
Friday, August 7, 1998, 1:00 p.m......8275
Stephen F. Austin State University
Thursday, July 30, 1998, 9:00 a.m......8275
Texas A&M University system, Board of Regents
Tuesday, July 28, 1998, 1:15 p.m......8276
Texas State Technical college System
Friday, July 31, 1998, 1:00 p.m......8276
Friday, July 31, 1998, 1:15 p.m......8276
Texas Department of Transportation
Thursday, July 30, 1998, 9:00 a.m......8276
University of Houston System
Monday, August 3, 1998, 7:30 a.m......8276
University Interscholastic League
Tuesday, August 4, 1998, 9:00 a.m......8277
Texas Veterans Commission
Wednesday, August 5, 1998, 1:00 p.m......8277
Texas Workforce Commission
Tuesday, August 4, 1998, 9:00 a.m......8277
Texas Council on Workforce and Economic Competitiveness
Friday, August 7, 1998, 10:30 a.m......8278
Friday, August 7, 1998, 10:30 a.m......8278
Regional Meetings.....8278
****IN ADDITION****
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program.....8283
Comptroller of Public Accounts
Notices of Request for Proposal.....8284
Office of Consumer Credit Commissioner
Notice of Rate Ceilings.....8285
Texas State Board of Examiners of Professional Counselors
Notice of Request for Proposals for Licensed Professional Counselor Examination 
Via Electronic Testing.....8285
Texas Credit Union Department
Application(s) for a Merger or Consolidation.....8285
Texas Department of Criminal Justice
Notice of Revision.....8286
Notice of Solicitation.....8286
Request for Information - Solicitation Number 696-FD-8-I.....8286
State Board for Educator Certification
Notice of Contract Renewal.....8286
Texas Department of Health
Notice of Annual Comment Solicitation on the Women, Infants, and Children State 
Plan of Operations for Fiscal Year 1998.....8287
Notice of Emergency Cease and Desist Order on San Antonio Diagnostic Imaging, 
Inc......8287
Notice of Intent to Revoke Certificates of Registration.....8287
Notice of Intent to Revoke Radioactive Material Licenses.....8288
Notice of Proposed Amendment to the Radioactive Material License of Total 
Minerals Corporation.....8288
Notice of Uranium By-Product Material License Amendment on USX, Texas Uranium 
Operations.....8288
Texas Department of Housing and Community Affairs
Notice of Administrative Hearing.....8289
Texas Department of Human Services
Request For Offer--Texas EBT Alternatives Analysis (TEAA).....8289
Request for Proposal-Community Living Assistance and Support Services (CLASS) 
Case Management Services in the San Antonio Area.....8290
Texas Department of Insurance
Third Party Administrator Applications.....8290
Legislative Budget Board
Schedule for Joint Budget Hearings on Appropriations-Requests for the 2000-2001 
Biennium.....8291
Texas Department of Mental Health and Mental Retardation 
Notice of Public Hearing.....8291
Texas Natural Resource Conservation Commission
Enforcement Orders, Week Ending July 29, 1998.....8292
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement 
Actions.....8293
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions.....8293
Provisionally-Issued Temporary Permits to Appropriate State Water.....8294
Public Hearing Notices.....8295
Public Notice.....8295
Nortex Regional Planning Commission
Request for Information.....8296
Request for Proposals.....8296
State Preservation Board
Notice of Consultant Contract Award.....8296
Public Utility Commission of Texas
Amended Notice of Application for Service Provider Certificate of Operating 
Authority.....8297
Notice of Application for Amendment to Service Provider Certificate of Operating 
Authority.....8297
Notice of Application for Approval of Joint Stipulation and Agreement Regarding 
a Proposed Wholesale Base Rate Credit.....8297
Notices of Application for Certificate of Operating Authority.....8297
Notices of Application for Service Provider Certificate of Operating 
Authority.....8298
Notice of Application to Amend Certificate of Convenience and Necessity.....8298
Notice of Public Hearing Relating to Customer Privacy Issues.....8299
Public Notices of Interconnection Agreement.....8299
Railroad Commission of Texas
Invitation for Bids.....8302
San Antonio River Authority
Request for Proposals.....8303
Texas Department of Transportation
Notice of Intent.....8303
Texas A&M University System Board of Regents
Public Notices.....8304
The University of Texas System
Consultant Proposal Request.....8304
Texas Veterans Commission 
Notice of Consultant Contract Award.....8305
West Central Texas Workforce Development Board
Notice to Public.....8305
Texas Youth Commission
Notice of Request for Consultant Services Contract.....8305