Texas Register
Vol. 23 No. 35
August 28, 1998
Pages 8769-8933

****EMERGENCY RULES****
Public Utility Commission of Texas
Substantive Rules
16 TAC sec.23.47.....8777
****PROPOSED RULES****
Texas Animal Health Commission
Veterinary Biologics
4 TAC sec.34.1, sec.34.2.....8779
Public Utility Commission of Texas
Substantive Rules Applicable to Electric Service Providers
16 TAC sec.25.27.....8780
Substantive Rules Applicable to Telecommunications Service Providers
16 TAC sec.26.45.....8784
Texas Department of Licensing and Regulation
Water Well Drillers and Water Well Pump Installers
16 TAC sec.sec.76.1, 76.10, 76.200-76.206, 76.220, 76.300, 76.600-76.602, 
76.650, 76.700-76.707, 76.800, 76.900, 76.910, and 76.1000-76.1009.....8786
Texas Motor Vehicle Board
Advertising
16 TAC sec.105.4, sec.105.32.....8797
Texas Higher Education Coordinating Board
Program Development
19 TAC sec.sec.5.151-5.159.....8799
19 TAC sec.sec.5.151-5.161.....8800
19 TAC sec.5.217.....8805
19 TAC sec.sec.5.241-5.243.....8805
19 TAC sec.5.246.....8808
Program Development in Public Community/Junior College Districts and Technical 
Colleges
19 TAC sec.sec.9.141-9.146.....8809
Texas Funeral Service Commission
Licensing and Enforcement - Specific Substantive Rules
22 TAC sec.203.17.....8811
Texas Department of Insurance
General Administration
28 TAC sec.1.406, sec.1.407.....8812
Property and Casualty Insurance
28 TAC sec.sec.5.1301-5.1309.....8812
28 TAC sec.sec.5.3001-5.3004.....8813
28 TAC sec.5.3101.....8814
28 TAC sec.5.3600.....8815
Corporate and Financial Regulation
28 TAC sec.7.14, sec.7.63, sec.7.64.....8816
28 TAC sec.sec.7.301-7.309.....8817
28 TAC sec.sec.7.631-7.636.....8817
28 TAC sec.7.901.....8817
Surplus Lines Insurance
28 TAC sec.15.15, sec.15.28.....8818
Agents Licensing
28 TAC sec.sec.19.101-19.104.....8819
28 TAC sec.sec.19.205-19.210.....8819
28 TAC sec.sec.19.305-19.310.....8819
Trade Practices
28 TAC sec.21.1000, sec.21.1003.....8820
Texas County and District Retirement System 
Calculations or Types of Benefits 
34 TAC sec.103.6.....8820
34 TAC sec.103.7.....8821
34 TAC sec.103.8.....8822
Miscellaneous Rules
34 TAC sec.107.5.....8822
Texas Rehabilitation Commission
Contract Administration
40 TAC sec.106.3.....8823
****WITHDRAWN RULES****
Public Utility Commission of Texas
Substantive Rules Applicable to Electric Service Providers
16 TAC sec.25.84.....8825
16 TAC sec.25.271.....8825
16 TAC sec.25.272.....8825
16 TAC sec.25.273.....8825
16 TAC sec.25.274.....8825
Texas Commission on Law Enforcement Officer Standards and Education
Administration Division
37 TAC sec.211.9.....8826
Prelicensing and Reactivation Courses, Tests and Endorsements of Eligibility 
Division
37 TAC sec.219.78.....8826
****ADOPTED RULES****
Advisory Commission on State Emergency Communications
Regional Plans - Standards
1 TAC sec.251.3.....8827
1 TAC sec.251.9.....8827
Texas Animal Health Commission
Hearing and Appeal Procedures
4 TAC sec.sec.32.1, 32.2, 32.5.....8828
4 TAC sec.32.3, sec.32.4.....8828
Brucellosis
4 TAC sec.sec.35.1-35.4, 35.6.....8829
4 TAC sec.35.41, sec.35.49.....8830
Tuberculosis
4 TAC sec.43.2.....8830
Interstate Shows and Fairs
4 TAC sec.51.2.....8830
Swine
4 TAC sec.55.1.....8831
4 TAC sec.sec.55.1, 55.4, 55.6, 55.9.....8831
General Practice and Procedures
4 TAC sec.sec.59.2, 59.3, 59.6.....8831
Texas Department of Banking
Trust Company Regulation
7 TAC sec.17.4.....8832
Trust Company Corporate Activities
7 TAC sec.21.24.....8833
7 TAC sec.21.51.....8833
Railroad Commission of Texas
Alternative Fuels Research and Education Division
16 TAC sec.15.30.....8834
Texas Department of Insurance
Title Insurance
28 TAC sec.9.1.....8834
Texas Natural Resource Conservation
Public Notice
30 TAC sec.sec.39.303, 39.305, 39.307, 39.309, 39.313.....8835
Consolidated Permits
30 TAC sec.305.54.....8837
Radioactive Substance Rules
30 TAC sec.336.1, sec.336.2.....8839
30 TAC sec.sec.336.101, 336.102, 336.107.....8839
30 TAC sec.336.104, sec.336.108.....8839
30 TAC sec.sec.336.201, 336.203, 336.209, 336.211, 336.213.....8839
30 TAC sec.336.217.....8839
30 TAC sec.sec.336.304, 336.331, 336.332, 336.334, 336.341, 336.348, 336.352, 
336.356.....8840
30 TAC sec.336.357, sec.336.366.....8840
30 TAC sec.sec.336.501-336.503, 336.512-336.515, 336.517, 336.519.....8840
30 TAC sec.336.514.....8841
30 TAC sec.sec.336.601-336.606, 336.613-336.629, 336.636.....8842
30 TAC sec.sec.336.601, 336.603, 336.605, 336.607, 336.609, 336.611, 
336.613.....8842
30 TAC sec.336.701, sec.336.702.....8842
30 TAC sec.sec.336.802-336.807.....8842
Teacher Retirement System of Texas
Insurance
34 TAC sec.41.8.....8842
Texas Commission on Law Enforcement Officer Standards and Education
Administration Division
37 TAC sec.211.22.....8843
Proficiency Certificates and Other Post-Basic Licenses Division
37 TAC sec.221.19.....8843
Contract Jailer Certification Divisions
37 TAC sec.225.3, sec.225.11.....8843
Texas Commission on Jail Standards
New Construction Rules
37 TAC sec.259.146.....8844
37 TAC sec.259.341.....8844
37 TAC sec.259.750.....8845
Health Services
37 TAC sec.273.4.....8845
Texas Commission for the Blind
Facilities Program
40 TAC sec.165.1-165.3.....8845
Blind and Visually Impaired Children's Program
40 TAC sec.sec.169.1-169.5.....8845
40 TAC sec.sec.169.10-169.16.....8846
40 TAC sec.sec.169.25-169.34.....8846
40 TAC sec.169.40.....8846
40 TAC sec.sec.169.50-169.52.....8846
40 TAC sec.sec.169.60-169.63.....8847
40 TAC sec.sec.169.1-169.5.....8847
40 TAC sec.sec.169.10-169.16.....8847
40 TAC sec.sec.169.25-169.35.....8847
40 TAC sec.169.40.....8848
40 TAC sec.sec.169.50-169.52.....8848
40 TAC sec.sec.169.60-169.63.....8848
****RULE REVIEW****
Agency Rule Review Plans
Office of the Attorney General.....8849
State Finance Commission.....8849
Texas Department of Banking.....8849
State Office of Risk Management.....8849
Texas Department of Information Resources.....8849
Proposed Rule Reviews
Office of Consumer Credit Commissioner.....8849
Office of State Entomologist.....8849
Finance Commission of Texas.....8849
General Land Office.....8850
State Office of Risk Management.....8850
Adopted Rule Reviews
Coastal Coordination Council.....8850
Texas Workforce Commission.....8850
****TABLES AND GRAPHICS****
Tables and Graphics.....8853
****OPEN MEETINGS****
Texas State Board of Public Accountancy
Thursday, August 13, 1998, 11:00 a.m......8857
Wednesday, September 2, 1998, 9:00 a.m......8857
State Office of Administrative Hearings
Monday, August 24, 1998, 10:00 a.m......8857
Wednesday, August 26, 1998, 1:30 p.m......8858
Friday, August 28, 1998, 1:30 p.m......8858
Texas Aerospace Commission
Thursday, August 20, 1998, 9:00 a.m......8858
Texas Commission on Alcohol and Drug Abuse
Friday, August 28, 1998, 11:00 a.m......8858
Friday, August 28, 1998, 11:00 a.m......8858
Texas Alcoholic Beverage Commission
Monday, August 24, 1998, 1:30 p.m......8858
Texas Citrus Producers Board
Tuesday, August 25, 1998, 9:00 a.m......8859
Texas Corn Producers
Wednesday, August 26, 1998, 10:00 a.m. 11:00 a.m. and 3:00 p.m. 
(respectively).....8859
Thursday August 27, 1998, 8:00 a.m......8859
Texas County and District Retirement System
Friday, September 11, 1998, 9:30 a.m......8859
Texas Planning Council for Developmental Disabilities
Thursday, August 27, 1998, 9:30 a.m......8860
Texas Council on Purchasing from People with Disabilities
Thursday, September 3, 1998, 10:00 a.m......8860
Texas Department of Economic Development
Tuesday, August 25, 1998, 1:00 p.m......8860
Tuesday, August 25, 1998, 2:30 p.m......8860
Tuesday, August 25, 1998, 4:00 p.m......8861
Wednesday, August 26, 1998, 9:00 a.m......8861
Wednesday, August 26, 1998, 11:05 a.m......8861
Wednesday, August 26, 1998, 11:25 a.m......8861
Wednesday, August 26, 1998, 11:45 a.m......8862
State Employee Charitable Campaign
Thursday, August 20, 1998, 11:30 a.m......8862
Friday, August 21, 1998, 9:30 a.m......8862
Wednesday, August 26, 1998, 10:00 a.m......8862
Wednesday, August 26, 1998, 3:30 p.m......8862
Tuesday, September 1, 1998, 8:30 a.m......8863
Texas Commission on Fire Protection
Wednesday-Thursday, September 2-3, 1998, 9:00 a.m......8863
General Services Commission
Wednesday, August 26, 1998, 10:00 a.m......8863
Thursday, August 27, 1998, 9:30 a.m......8863
Texas Genetics Network
Thursday, August 27, 1998, 8:00 a.m......8864
Thursday, August 27, 1998, 2:00 p.m......8864
Texas Health Care Information Council
Thursday, August 27, 1998, 3:00 p.m......8864
Texas Health Insurance Risk Pool (Health Pool)
Friday, August 28, 1998, 8:00 a.m......8864
Texas Statewide Health Coordinating Council
Friday, August 28, 1998, 9:00 a.m......8865
Friday, August 28, 1998, 10:00 a.m......8865
Texas Healthy Kids Corporation 
Wednesday, August 26, 1998, 9:30 a.m......8865
Texas Higher Education Coordinating Board
Thursday, August 20, 1998, 9:00 a.m......8865
Thursday, August 20, 1998, 9:30 a.m......8866
Thursday, September 3, 1998, 9:30 a.m......8866
Monday, September 14, 1998, 9:00 a.m......8866
Texas Commission on Human Rights
Thursday, August 27,1 998, 9:00 a.m......8866
Texas Department of Human Services (TDHS)
Friday, August 21, 1998, 10:00 a.m......8866
Texas Department of Insurance
Tuesday-Wednesday, August 25-26, 1998, 9:30 a.m......8867
Thursday, September 3, 1998, 1:30 p.m......8867
Tuesday, September 15, 1998, 9:00 a.m......8867
Tuesday, September 15, 1998, 9:00 a.m......8867
Tuesday, September 15, 1998, 1:30 p.m......8867
Wednesday, September 16, 1998, 9:00 a.m......8868
Thursday, September 17, 1998, 9:00 a.m......8868
Thursday, September 17, 1998, 1:00 p.m......8868
Texas Commission on Law Enforcement Officer Standards and Education
Thursday, September 10, 1998, 1:30 p.m......8868
Friday, September 11, 1998, 9:30 a.m......8868
Board for Lease of State-owned Lands
Thursday, August 27, 1998, 2:30 p.m......8868
Texas Department of Licensing and Regulations
Tuesday, August 25, 1998, 9:30 a.m......8869
Wednesday, September 9, 1998, 9:30 a.m......8869
Wednesday, September 9, 1998, 2:00 p.m......8869
Thursday, September 10, 1998, 9:30 a.m......8869
Texas Lottery Commission
Thursday, August 20, 1998, 9:30 a.m......8870
State Medical Education Board
Friday, September 11, 1998, 1:00 p.m......8870
Texas State Board of Medical Examiners
Thursday and Saturday, August 20-22, 1998, 9:00 a.m. and 8:30 a.m. 
(respectively.).....8870
Thursday, August 20, 1998, 10:30 a.m......8870
Thursday, August 20, 1998, 10:30 a.m......8870
Thursday, August 20, 1998, 11:30 a.m......8871
Thursday, August 20, 1998, 11:30 a.m......8871
Friday, August 21, 1998, 8:15 a.m......8871
Friday, August 21, 1998, 9:00 a.m......8871
Friday, August 21, 1998, 9:15 a.m......8871
Friday, August 21, 1998, 10:30 a.m......8872
Friday, August 21, 1998, 11:00 a.m......8872
Friday, August 21, 1998, 1:30 p.m......8872
Friday, August 21, 1998, 2:30 p.m......8872
Friday, August 21, 1998, 3:00 p.m......8873
Friday, August 21, 1998, 3:30 p.m......8873
Friday, August 21, 1998, 1:00 p.m......8873
Texas Mental Health and Mental Retardation Board
Friday, September 4, 1998, 11:00 a.m......8873
Midwifery Board
Monday, August 24, 1998, 10:30 a.m......8874
Texas Natural Resource Conservation Commission
Wednesday, August 26, 1998, 8:30 a.m., 9:30 a.m. and 1:00 p.m. 
(respectively.).....8874
Wednesday, August 26, 1998, 9:30 a.m......8874
Wednesday, September 2, 1998, 10:00 a.m......8874
Thursday, October 1, 1998, 10:00 a.m......8874
Tuesday, October 1, 1998, 6:30 p.m......8874
Texas Board of Physical Therapy Examiners
Monday, August 24, 1998, 9:00 a.m......8875
Texas Department of Protective and Regulatory Services
Friday, August 28, 1998, 10:00 a.m......8875
Texas Public Finance Authority
Tuesday, August 25, 1998, 12:30 p.m......8875
Wednesday, August 26, 1998, 12:30 p.m......8875
Public Utility Commission of Texas
Thursday, August 20, 1998, 3:30 p.m......8876
Wednesday, August 26, 1998, 9:30 a.m......8876
Tuesday, September 8, 1998, 9:00 a.m......8876
Tuesday, September 15, 1998, 9:00 a.m......8876
Railroad Commission of Texas
Tuesday, August 25, 1998, 8:45 a.m......8877
Tuesday, August 25, 1998, 9:00 a.m......8877
Tuesday, August 25, 1998, 9:00 a.m......8877
Tuesday, August 25, 1998, 9:30 a.m......8877
Texas Real Estate Research Center
Sunday, August 30, 1998, 10:00 a.m......8877
Research and Oversight Council on Workers' Compensation
Wednesday, September 2, 1998, 1:30 p.m......8877
Texas Residential Property Insurance Market Assistance Program
Wednesday, September 2, 1998, 9:30 a.m......8878
State Office of Risk Management
Tuesday, August 25, 1998, 10:00 a.m......8878
State Seed and Plant Board
Thursday, September 10, 1998, 8:30 a.m......8878
Thursday, September 10, 1998, 9:30 a.m......8878
Texas A&M University System, Board of Regents
Wednesday, August 19, 1998, 11:30 a.m......8879
Texas Department of Transportation
Wednesday, August 26, 1998, 9:00 a.m......8879
Thursday, September 10, 1998, 9:30 a.m......8879
University of Houston System
Thursday, August 20, 1998, 9:00 a.m......8879
University of Texas System
Tuesday, August 18, 1998, 9:00 a.m......8880
Wednesday, August 26, 1998, 3:00 p.m......8880
Texas Veterans Commission
Thursday, August 27, 1998, 10:00 a.m......8880
Veterans Land Board
Wednesday, August 26, 1998, 3:00 p.m......8880
Wednesday, August 26, 1998, 3:00 p.m......8880
Texas Workers' Compensation Commission
Wednesday, August 19, 1998, 10:30 a.m......8881
Thursday, August 20, 1998, 9:00 a.m......8881
Friday, August 21, 1998, 9:30 a.m......8881
Texas Workers' Compensation Insurance Fund
Tuesday, August 25, 1998, 8:00 p.m......8881
Wednesday, August 26, 1998, 1:00 p.m......8881
Texas Workforce Commission
Tuesday, August 25, 1998, 9:00 a.m......8881
Wednesday, August 26, 1998, 9:00 a.m......8882
Thursday, August 27, 1998, 9:00 a.m......8882
Regional Meetings.....8882
****IN ADDITION****
Coastal Coordination Council
Notices and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program .....8889
Comptroller of Public Accounts
Notice for Assistance for Fraud Detection Pilot Project .....8890
Office of Consumer Credit Commissioner
Notices of Rate Ceilings.....8891
Credit Union Department
Application to Amend Articles of Incorporation.....8891
Notice of Final Action Taken.....8891
Texas Department of Criminal Justice
Job Order Contracting .....8892
Texas Education Agency
Request for Applications Concerning Improving Teaching and Learning, Texas Title 
I Demonstration Program.....8892
Texas Department of Health
Corrections of Error.....8893
Heart of Texas Council of Governments
Request for Proposals.....8893
Texas Department of Housing and Community Affairs
Announcements of Contract Awards.....8893
Texas Department of Human Services
Amendment to Vender Service Request — Delivery of Long Term Care (LTC) 
Services.....8894
Availability of Funds To Provide Policy Development, Statewide Planning, 
Technical Assistance, and Information Development and Dissemination Related to 
Welfare Reform and Domestic Violence.....8894
Texas Department of Insurance
Insurer Services.....8895
Notice.....8895
Third Party Administrator Applications.....8895
Commission on Jail Standards
Grant.....8896
Texas Commission on Law Enforcement Officer Standards and Education
Texas Peace Officers' Memorial-Officers to be Enrolled and Inducted.....8896
Legislative Budget Board
Schedule for Joint Budget Hearings on Appropriations Requests for the 2000-2001 
Biennium.....8901
Texas Lottery Commission
Correction of Error.....8911
Texas Natural Resource Conservation Commission
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement 
Actions.....8912
Notices of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions.....8912
Public Notices.....8915
Texas Optometry Board
Correction of Error.....8916
Public Utility Commission of Texas
Applications To Introduce New or Modified Rates or Terms Pursuant To P.U.C. 
Substantive Rule sec.23.25 .....8916
Correction of Error.....8917
Notice of Application for Amendment To Service Provider Certificate of Operating 
Authority .....8917
Notices of Application for Approval of Intralata Equal Access  Implementation 
Plan Pursuant To P.U.C. Substantive Rule sec.23.103 .....8918
Notice of Application for Service Provider Certificate of Operating 
Authority.....8920
Notices of Intent to File Pursuant to P.U.C. Substantive Rule sec.23.27.....8921
Notice of Joint Agreement Seeking Approval of One-Way, Optional Extended Area 
Service to the Corpus Christi Metropolitan Areas.....8921
Notice of Petition to Require Texas-New Mexico Power Company to Purchase 
Capacity and Energy.....8922
Public Notice of Amendment to Interconnection Agreement.....8922
Public Notices of Interconnection Agreement.....8923
Research and Oversight Council on Workers' Compensation
Request for Input into the Biennial Report, 1998.....8927
Center for Rural Health Initiatives
Notices of Public Hearings.....8927
Texas Tech University Health Sciences Center
Notice of Request for Proposal.....8930
Texas Department of Transportation
Public Notice.....8931
University of Houston System—Texas Center for Superconductivity at the 
University of Houston 
Request for Information: Intellectual Property Counsel Services  .....8931
University of Texas System
Invitation for Consultants to Provide Offers of Consulting Services.....8932
Commissioners Court of Zavala County
Correction of Error.....8933