Texas Register
Vol. 23 No. 36
September 4, 1998
Pages 8935-9163

****ATTORNEY GENERAL****
Opinions.....8943
Requests for Opinions.....8943
Letter Opinions.....8944
****EMERGENCY RULES****
Texas Water Development Board
Financial Assistance Programs
31 TAC sec.363.2.....8947
31 TAC sec.363.17.....8948
31 TAC sec.sec.363.81-363.88.....8948
31 TAC sec.363.704.....8949
31 TAC sec.363.713, sec.363.715.....8949
31 TAC sec.363.721.....8949
Texas Workforce Commission
General Administration
40 TAC sec.800.56.....8950
****PROPOSED RULES****
Texas Historical Commission
Restricted Cultural Resource Information
13 TAC sec.sec.24.1, 24.3, 24.5, 24.7, 24.9, 24.11, 24.13, 24.15, 24.17, 24.19, 
24.21, 24.23.....8953
Texas Commission on the Arts
Agency Procedures
13 TAC sec.31.10.....8956
Texas Arts Plan
13 TAC sec.35.1.....8956
Application Forms and Instructions for Financial Assistance
13 TAC sec.sec.37.22-37.24, 37.26.....8957
Public Utility Commission of Texas
Substantive Rules
16 TAC sec.23.106.....8958
16 TAC sec.23.107.....8958
Substantive Rules Applicable to Telecommunications Service Providers
16 TAC sec.26.130.....8959
16 TAC sec.26.216.....8962
Texas Higher Education Coordinating Board
Proprietary Schools
19 TAC sec.sec.12.21, 12.22, 12.24.....8963
19 TAC sec.12.41, sec.12.44.....8966
19 TAC sec.12.56.....8968
19 TAC sec.12.80, sec.12.81.....8968
19 TAC sec.12.82.....8969
Campus Planning
19 TAC sec.17.45.....8969
State Board of Dental Examiners
Conduct
22 TAC sec.109.145.....8970
22 TAC sec.109.171.....8971
22 TAC sec.109.172.....8971
22 TAC sec.109.173.....8973
22 TAC sec.109.174.....8973
22 TAC sec.109.175.....8976
22 TAC sec.sec.109.400-109.403.....8981
Texas Department of Mental Health and Mental Retardation
Medicaid State Operating Agency Responsibilities
25 TAC sec.sec.419.301-419.317.....8983
Texas Natural Resource Conservation Commission
Federal Operating Permits
30 TAC sec.122.10.....8991
30 TAC sec.122.130, sec.122.134.....8992
30 TAC sec.122.201.....8992
30 TAC sec.sec.122.501, 122.503, 122.504, 122.506, 122.508-122.510.....8993
Municipal Solid Waste
30 TAC sec.sec.330.601-330.603.....8996
Teacher Retirement System of Texas
Insurance
34 TAC sec.41.13.....9000
Fire Fighters' Pension Commission
Rules of the Texas Statewide Emergency Services Retirement Fund
34 TAC sec.301.1, sec.301.2.....9000
Texas Department of Public Safety
Controlled Substances and Precursor/Apparatus Rules and Regulations
37 TAC sec.13.22.....9005
Texas Juvenile Probation Commission
Standards for Pre-Adjudication Secure Detention Facilities
37 TAC sec.sec.343.1, 343.2, 343.4, 343.5, 343.9-343.11, 343.16, 343.17, 
343.20.....9006
Standards for Juvenile Post-Adjudication Secure Correctional Facilities
37 TAC sec.sec.344.2, 344.3, 344.4, 344.8-344.10, 344.15, 344.16.....9008
Texas Department of Human Services
Contracted Services
40 TAC sec.69.212.....9010
Automobile Theft Prevention Authority
Automobile Theft Prevention Authority
43 TAC sec.57.36.....9011
****WITHDRAWN RULES****
Texas Higher Education Coordinating Board
Proprietary Schools
19 TAC sec.12.24.....9013
19 TAC sec.12.52.....9013
Texas Department of Human Services
Contracted Services
40 TAC sec.69.212.....9013
****ADOPTED RULES****
Texas Department of Agriculture
Boll Weevil Eradication Program
4 TAC sec.sec.3.400-3.405.....9015
Marketing and Development Division
4 TAC sec.sec.17.51, 17.52, 17.54.....9016
Finance Commission of Texas
Consumer Credit Commissioner
7 TAC sec.1.12.....9017
7 TAC sec.1.35, sec.1.42.....9018
7 TAC sec.sec.1.111-1.116.....9018
7 TAC sec.sec.1.401-1.407.....9018
7 TAC sec.sec.1.501, 1.502, 1.504, 1.505.....9019
7 TAC sec.sec.1.601, 1.603, 1.604.....9019
Texas Department of Housing and Community Affairs
Manufactured Housing
10 TAC sec.80.1.....9019
10 TAC sec.sec.80.21-80.29, 80.36-80.41.....9020
10 TAC sec.sec.80.51-80.63, 80.64, 80.65, 80.67.....9020
10 TAC sec.sec.80.118, 80.121, 80.123-80.126, 80.129-80.132, 80.135.....9020
10 TAC sec.sec.80.181-80.186.....9020
10 TAC sec.sec.80.201-80.208.....9021
10 TAC sec.80.10.....9021
10 TAC sec.80.11.....9027
10 TAC sec.80.20.....9027
10 TAC sec.sec.80.50-80.56, 80.62, 80.63, 80.64, 80.66.....9027
10 TAC sec.sec.80.119, 80.120-80.123, 80.125-80.128, 80.130-80.132, 
80.135.....9028
10 TAC sec.80.180.....9028
10 TAC sec.sec.80.202-80.208.....9028
Texas State Library and Archives Commission
Library Development
13 TAC sec.1.21.....9028
13 TAC sec.1.68.....9029
13 TAC sec.1.93, sec.1.101.....9029
13 TAC sec.1.121 and sec.1.122.....9029
General Policies and Procedures
13 TAC sec.2.1.....9030
13 TAC sec.sec.2.111-2.119.....9030
13 TAC sec.sec.2.120-2.125.....9031
13 TAC sec.sec.2.130-2.135.....9033
13 TAC sec.sec.2.150-2.155.....9034
13 TAC sec.2.11.....9036
13 TAC sec.2.52.....9036
13 TAC sec.sec.2.53-2.55.....9037
Public Utility Commission of Texas
Substantive Rules
16 TAC sec.sec.23.11-23.14.....9039
Substantive Rules Applicable to Electric Service Providers
16 TAC sec.sec.25.71-25.83, 25.89, 25.100.....9039
Substantive Rules Applicable to Telecommunications Service Providers
16 TAC sec.sec.26.71-26.82, 26.87, 26.98, 26.100.....9046
16 TA sec.26.431.....9054
Texas Higher Education Coordinating Board
Program Development
19 TAC sec.5.393.....9055
19 TAC sec.sec.5.400-5.405.....9055
Texas Department of Health
Athletic Trainers
25 TAC sec.sec.313.3, 313.5, 313.15 313.20.....9058
Texas Natural Resource Conservation Commission
Exemptions From Permitting
30 TAC sec.106.491.....9060
Texas Water Development Board
Regional Water Planning Guidelines
31 TAC sec.357.2, sec.357.7.....9062
Texas Groundwater Protection Committee
Groundwater Contamination Report
31 TAC sec.sec.601.2-601.5.....9064
Employees Retirement System
Deferred Compensation
34 TAC sec.sec.87.1, 87.3, 87.5, 87.11, 87.15, 87.17, 87.21.....9067
Texas Workforce Commission
Child Care and Development
40 TAC sec.809.5.....9069
40 TAC sec.809.93.....9070
40 TAC sec.sec.809.201-809.205.....9072
****RULE REVIEW****
Proposed Rule Reviews
Texas Department of Health.....9075
Public Utility Commission of Texas.....9079
State Securities Board.....9080
Adopted Rule Reviews
Groundwater Protection Committee.....9080
Texas Rehabilitation Commission.....9080
****TABLES AND GRAPHICS****
Tables and Graphics.....9081
****OPEN MEETINGS****
Texas State Board of Public Accountancy
Wednesday, September 2, 1998, 3:00 p.m......9091
State Office of Administrative Hearings
Tuesday, September 9, 1998, 10:00 a.m......9091
Texas Department on Aging
Tuesday, September 1,1 998, 10:00 a.m......9091
Texas Department of Agriculture
Tuesday-Wednesday, September 1-2, 1998, 1:00 p.m. and 8:00 a.m. 
(respectively.).....9091
Texas Council on Alzheimer's Disease and Related Disorders
Thursday, September 17, 1998, 9:30 a.m......9092
Texas Commission on the Arts
Wednesday, September 10,1 998, 10:30 a.m......9092
State Bar of Texas
Friday, August 28, 1998, 8:30 a.m......9092
Texas Bond Review Board
Thursday, August 27, 1998, 9:00 a.m......9092
Children's Trust Fund of Texas Council
Wednesday, September 2, 1998,.....9093
Council of Competitive Government
Friday, September 4, 1998, 10:00 a.m......9093
Office of the Court Administration
Friday, September 25, 1998, 10:00 a.m......9093
Texas Court Reporters Certification Board
Friday, August 28, 1998, 9:30 a.m......9093
Texas Diabetes Council
Thursday, September 17, 1998, 9:00 a.m......9094
Thursday, September 17, 1998, 9:00 a.m......9094
Texas Education Agency
Wednesday, September 9, 1998, 1:00 p.m......9094
Wednesday, September 9, 1998, 3:00 p.m......9094
Thursday, September 10, 1998, 9:00 a.m......9094
Thursday, September 10, 1998, 11:00 a.m......9095
Thursday, September 10, 1998, 11:00 a.m......9095
Thursday, September 10, 1998, 11:00 a.m......9095
Thursday, September 10, 1998, 11:00 a.m......9095
Friday, September 11, 1998, 9:00 a.m......9095
State Board of Educator Certification
Thursday, September 3, 1998, 9:00 a.m......9096
Friday, September 4, 1998, 9:00 a.m......9096
Advisory Commission on State Emergency Communications
Thursday, September 3, 1998, 1:30 p.m......9096
Fire Fighters' Pension Commission
Thursday, September 3, 1998, 9:00 a.m......9096
Friday, September 4, 1998, 9:00 a.m......9097
Galveston Bay Etuary Program/TNRCC-GLO
Wednesday, September 2, 1998, 9:30 a.m......9097
Texas Growth Fund
Tuesday, September 1, 1998 10:45 a.m......9097
Texas Health Care Information Council
Friday, August 28, 1998, 8:00 a.m......9097
Friday, August 28, 1998, 8:00 a.m......9098
Friday, August 28, 1998, 8:00 a.m......9098
Friday, August 28, 1998, 10:00 a.m......9098
Tuesday, September 1, 1998, 1:00 p.m......9098
Health and Human Services Commission
Thursday, September 10, 1998, 9:15 a.m......9099
Texas Higher Education Coordinating Board
Wednesday, September 9, 1998, 9:30 a.m......9099
Texas Department of Housing and Community Affairs
Saturday, August 29, 1998, 10:00 a.m......9099
Texas Department of Human Services Region 6
Wednesday, September 9, 1998, 11:00 a.m. CST/10:00 a.m. MST.....9099
Texas Department of Insurance
Monday, September 21, 1998, 9:00 a.m......9099
Monday, September 21, 1998, 9:00 a.m......9099
Monday, September 21, 1998, 9:00 a.m......9100
Wednesday, September 23, 1998, 9:00 a.m......9100
Interagency Council on Autism and PDD
Thursday, September 10,1 998, 8:45 a.m......9100
Texas Judicial Council
Friday, September 18, 1998, 10:00 a.m......9100
Texas Juvenile Probation Commission
Tuesday, September 8, 1998, 1:00 p.m......9100
Texas State Board of Medical Examiners
Thursday, August 20, 1998, 10:30 a.m......9100
Texas Medical Liability Insurance Underwriting Association
Wednesday, September 23, 1998, 3:00 p.m......9101
Thursday, September 24, 1998, 8:30 a.m......9101
Thursday, September 24, 1998, 10:00 a.m......9101
Thursday, September 24, 1998, 11:00 a.m......9101
Texas Mental Health and Mental Retardation Board
Thursday, September 3, 1998, 9:30 a.m......9102
Thursday, September 3, 1998, 11:00 a.m......9102
Thursday, September 3, 1998, 1:30 p.m......9102
Thursday, September 3, 1998, 2:30 p.m......9103
Thursday, September 3, 1998, 3:00 p.m......9103
Friday, September 4, 1998, 9:30 a.m......9103
Texas Municipal Retirement System
Thursday-Friday, September 17-18, 1998, 8:30 a.m......9103
Saturday, September 19, 1998, 8:30 a.m......9104
Board of Vocational Nurse Examiners
Monday-Tuesday, September 14-15, 1998, 9:00 a.m......9104
Texas Board of Orthotics and Prosthetics
Thursday, September 3, 1998, 8:00 a.m......9104
Texas Parks and Wildlife Department
Saturday, August 29, 1998, 5:30 p.m......9104
Texas State Board of Pharmacy
Friday, September 11, 1998, 1:00 p.m......9104
Texas State Board of Podiatric Medical Examiners
Friday, August 21, 1998, 10:00 a.m......9105
Texas Public Finance Authority
Thursday, August 27, 1998, 12:30 p.m......9105
Friday, August 28, 1998, 12:30 p.m......9105
Texas Department of Public Safety
Wednesday-Thursday, September 9-10, 1998, 10:00 a.m. and 9:00 a.m. 
(respectively.).....9105
Public Utility Commission of Texas
Monday-Tuesday, October 5-6, 1998, 9:00 a.m......9106
Railroad Commission of Texas
Tuesday, September 1, 1998, 9:30 a.m......9106
Tuesday, September 1, 1998, 9:30 a.m......9106
Rio Grande Compact Commission
Wednesday, September 9, 1998, 9:00 a.m......9106
Rural Community Health System
Wednesday, September 2, 1998, 6:00 p.m......9106
Texas Savings and Loan Department
Wednesday, September 23, 1998, 9:000 a.m......9106
School Land Board
Friday, August 28, 1998, 9:30 a.m......9107
Tuesday, September 1, 1998, 10:00 a.m......9107
Texas Senate
Thursday, October 15, 1998, 9:00 a.m......9107
Structural Pest Control Board
Thursday, September 10, 1998, 9:30 a.m......9108
Teacher Retirement System of Texas
Thursday, August 27, 1998, 8:30 a.m......9108
Thursday, August 27, 1998, 1:30 p.m......9108
Thursday, August 27, 1998, 2:15 p.m......9108
Friday, August 28, 1998, 8:00 a.m......9109
Friday, August 28, 1998, 9:00 a.m......9109
Tuesday, September 8, 1998, Noon.....9109
Telecommunications Planning Group
Friday, September 11, 1998, 10:00 a.m......9110
Texas Southern University
Thursday, September 3, 1998, 10:00 a.m......9110
Thursday, September 3, 1998, 11:15 a.m......9110
Thursday, September 3, 1998, 12:30 p.m......9110
Thursday, September 3, 1998, 1:15 p.m......9110
Thursday, September 3, 1998, 2:15 p.m......9110
Thursday, September 3, 1998, 3:15 p.m......9111
Thursday, September 3, 1998, 4:15 p.m......9111
Friday, September 4, 1998, 8:30 a.m......9111
Texas Department of Transportation
Tuesday, September 1, 1998, 10:30 a.m......9111
Wednesday-Thursday, September 9-10, 1998, 9:00 a.m......9111
Wednesday, September 23, 1998, 9:00 a.m......9111
Texas Turnpike Authority
Tuesday, September 8, 1998, 9:30 a.m......9111
University of Houston System
Monday, August 24, 1998, 7:30 a.m......9112
University of North Texas/University of North Texas Health Science Center
Thursday, August 27, 1998, 1:30 p.m......9112
Thursday, August 27, 1998, 1:30 p.m......9113
Thursday, August 27, 1998, 1:30 p.m......9113
Thursday, August 27, 1998, 3:30 p.m......9113
Thursday, August 27, 1998, 3:30 p.m......9113
Friday, August 28, 1998, 8:00 a.m......9113
Friday, August 28, 1998, 8:00 a.m......9114
The University of Texas Health Center at Tyler
Thursday, September 3, 1998, Noon.....9114
The University of Texas System
Tuesday, August 25, 1998, 4:00 p.m......9114
Regional Meetings.....9114
****IN ADDITION****
Brazos Valley Council of Governments
Request for Proposal (RFP) for Auditing Services.....9119
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program.....9119
Office of Consumer Credit Commissioner
Notice of Rate Ceilings.....9120
Texas Credit Union Department
Application(s) for a Merger or Consolidation.....9121
Texas Department of Criminal Justice
Notice of Contract Award.....9121
General Land Office
Notices of Request for Contract Services Proposals.....9121
Office of the Governor, Criminal Justice Division
Extension on Request for Grant Applications Under the Juvenile Justice and 
Delinquency Prevention Act Challenge Program.....9122
Texas Department of Health
Licensing Action for Radioactive Materials.....9123
Memorandum of Understanding Between the Texas Department of Health and Texas 
Department on Aging, Texas Department of Protective and Regulatory Services, 
Texas Rehabilitation Commission, Texas Commission for the Blind, and Texas 
Department of Human Services.....9126
Notice of Request for Proposals for Community and Worksite Wellness Programs, 
Policies and Environmental Change for Physical Activity and Nutrition.....9132
Texas Department of Human Services
Amendment to Contract.....9132
Texas Department of Insurance
Amended Notice of Public Hearing.....9133
Insurer Services.....9133
Notice.....9133
Third Party Administrator Applications.....9134
Legislative Budget Board
Schedule for Joint Budget Hearings (for the period of September 7-18, 1998) on 
Appropriations Requests for the 2000-2001 Biennium.....9134
Texas Low-Level Radioactive Waste Disposal Authority
Notices of Contract Awards.....9149
Texas Natural Resource Conservation Commission
Notice of Application for Amendment to Certificate of Adjudication pursuant to 
Texas Water Code Section 11.122 requiring notice to Interjacent 
Appropriators.....9150
Notice of Application to Appropriate Public Waters of the State of 
Texas.....9151
Notice of Public Hearing.....9151
Proposal for Decision.....9152
Voluntary Cleanup Program.....9152
Public Utility Commission of Texas
Applications to Introduce New or Modified Rates or Terms Pursuant to P.U.C. 
Substantive Rules sec.23.25.....9152
Notice of Application for Amendment to Service Provider Certificate of Operating 
Authority.....9153
Notices of Application for Approval of IntraLATA Equal Access Implementation 
Plan Pursuant to P.U.C. Substantive Rule sec.23.103.....9153
Notices of Application for Approval of IntraLATA Equal Access Implementation 
Plan and Petition for Waiver of P.U.C. Substantive Rule 
sec.23.103(d)(2)(C).....9155
Notice of Application for Service Provider Certificate of Operating 
Authority.....9156
Notice of Intent to File Pursuant to P.U.C. Substantive Rule sec.23.27.....9156
Public Notices of Interconnection Agreement.....9156
Railroad Commission of Texas
Invitation for Bids.....9158
Southwest Texas State University
Request for Proposal.....9159
Teacher Retirement System of Texas
Consultant Contract Award.....9162
Texas Department of Transportation
Public Notice.....9162
Texas Turnpike Authority
Public Notice (RFQ Financial Advisor).....9162
Texas Youth Commission
Request for Proposal.....9163