Texas Register
September 18, 1998
Vol. 23 No. 38
Pages 9509-9658

****EMERGENCY RULES****
Texas Department of Insurance
Property and Casulaty Insurance
28 TAC sec.5.4008....9517
****PROPOSED RULES****
Office of the Governor
Criminal Justice Division
General Eligibility Requirements
1 TAC sec.3.2001....9519
Texas Appraiser Licensing and Certification Board
Provisions of the Texas Appraiser Licensing and Certification Act
22 TAC sec.153.20....9519
Texas State Board of Medical Examiners
General Provisions
22 TAC sec.161.1, sec.161.4....9520
Applications
22 TAC sec.173.1....9521
Schedule of Fees and Penalties
22 TAC sec.sec.175.1-175.4....9522
Fees, Penalties, and Applications
22 TAC sec.sec.175.1-175.5....9522
Acupuncture
22 TAC sec.183.17....9524
Rule Changes
22 TAC sec.189.1....9524
Emergency Medical Service
22 TAC sec.sec.197.2-197.5....9525
Standards for Physicians Practicing Integrative and Complementary Medicine
22 TAC sec.sec.200.1-200.3....9527
Structural Pest Control Board
Treatment Standards
22 TAC sec.599.4....9528
Texas Health Care Information Council
Health Care Information
25 TAC sec.sec.1301.51-1301.54....9529
Texas Department of Insurance
Surplus Lines Insurance
28 TAC sec.15.8....9530
State Office of Risk Management
State Employees-Workers' Compensation
28 TAC sec.sec.251.500-251.506....9531
Employees Retirement System of Texas
Board of Trustees
34 TAC sec.63.4....9534
Executive Director
34 TAC sec.65.3....9534
Texas Commission on Jail Standards
New Construction Rules
37 TAC sec.259.115....9535
37 TAC sec.259.216....9536
Existing Construction Rules
37 TAC sec.261.115....9536
37 TAC sec.261.215....9537
Fees
37 TAC sec.300.6....9537
Texas Workforce Commission
General Administration
40 TAC sec.sec.800.1-800.4....9537
****WITHDRAWN RULES****
Texas State Board of Medical Examiners
Integrative and Complementary Medicine
22 TAC sec.sec.200.1-200.3....9539
****ADOPTED RULES****
Railroad Commission of Texas
Practice and Procedure
16 TAC sec.1.130....9541
Gas Utilities Division
16 TAC sec.7.45....9543
16 TAC sec.7.74....9544
Texas State Board of Medical Examiners
Licensure
22 TAC sec.163.1....9545
Acupuncture
22 TAC sec.183.13....9545
Standing Delegation Orders
22 TAC sec.193.8....9545
Texas State Board of Pharmacy
Generic Substitution
22 TAC sec.309.3....9547
Texas Department of Mental Health and Mental Retardation
Other Agencies and the Public
25 TAC sec.sec.403.451-403.463....9549
Medicaid Programs
25 TAC sec.409.69....9549
Volunteer Services and Public Information
25 TAC sec.sec.410.51-410.70....9549
State Authority Responsibilities
25 TAC sec.sec.411.151-411.163....9550
Agency and Facility Responsibilities
25 TAC sec.sec.417.301-417.316....9551
Texas Department of Insurance
Property and Casualty Insurance
28 TAC sec.5.4603....9557
Agent's Licensing
28 TAC sec.sec.19.2001-19.2021....9560
State Fire Marshall
28 TAC sec.sec.34.801, 34.807-34.809, 34.811-34.815, 34.817-34.818, 34.822-
34.826, 34.830....9571
Texas Natural Resource Conservation Commission
Control of Air Pollution From Volatile Organic Compounds
30 TAC sec.115.600....9574
Texas Department on Aging
Area Agency on Aging Administrative Requirements
40 TAC sec.260.1....9575
Texas Department of Protective and Regulatory Services
General Licensing Procedures
40 TAC sec.725.1810....9576
****EXEMPT FILINGS****
Texas Department of Insurance
Adopted Action....9579
****RULE REVIEW****
Proposed Rule Reviews
Advisory Commission on State Emergency Communications....9581
Employees Retirement System of Texas....9581
Texas Department of Human Services....9582
Texas State Board of Medical Examiners....9583
Texas Motor Vehicle Board....9583
****TABLES AND GRAPHICS****
Tables and Graphics....9585
****OPEN MEETINGS****
Texas State Board of Public Accountancy
Wednesday, September 16, 1998, 10:00 a.m.....9589
Wednesday, September 16, 1998, 11:00 a.m.....9589
Thursday, September 17, 1998, 9:00 a.m.....9589
Thursday, September 17, 1998, 9:00 a.m.....9590
Texas State Affordable Housing Corporation
Friday, September 11, 1998, Noon....9590
Friday, September 11, 1998, Noon....9590
Texas Department of Agriculture
Monday, September 21,1 998, 11:00 a.m.....9590
State Aircraft Pooling Board
Monday, September 14, 1998, 9:30 a.m.....9591
Texas Commission on Alcohol and Drug Abuse
Friday, September 18, 1998, 11:00 a.m.....9591
Tuesday, September 22, 1998, 1:00 p.m.....9591
Friday, September 25, 1998, 10:00 a.m.....9591
State Board of Barber Examiners
Monday, September 21, 1998, 8:30 a.m.....9591
Comptroller of Public Accounts
Tuesday, September 15, 1998, 10:00 a.m.....9591
Wednesday, September 16, 1998, 9:00 a.m.....9592
Wednesday, September 16, 1998, 9:30 a.m.....9592
Texas Council on Workforce and Economic Competitiveness
Friday, September 18, 1998, 9:00 a.m.....9592
Friday, September 18, 1998, 10:00 a.m.....9593
Texas Council on Purchasing for People with Disabilities
Friday, September 25, 1998, 10:00 a.m.....9593
Texas Department of Economic Development
Friday, September 11, 1998, 8:00 a.m.....9593
Advisory Commission on State Emergency Communications
Monday, September 14, 1998, 10:00 a.m.....9593
Thursday, September 17, 1998, 1:15 p.m.....9594
Friday, September 18, 1998, 8:30 a.m.....9594
Friday, September 18, 1998, 10:30 a.m.....9594
Texas State Board of Examiners of Professional Counselors
Friday, September 11, 1998, 8:30 a.m.....9595
Friday, September 11, 1998, 9:30 a.m.....9595
Friday, September 11, 1998, 10:30 a.m.....9595
Friday, September 11, 1998, 11:00 a.m.....9595
Friday, September 11, 1998, 11:45 a.m.....9595
Friday, September 11, 1998, 12:00 p.m.....9596
Friday, September 11, 1998, 1:00 p.m.....9596
Saturday, September 12, 1998, 8:30 a.m.....9596
Texas Funeral Service Commission
Tuesday, September 22, 1998, 2:00 p.m.....9596
Tuesday, September 22, 1998, 3:00 p.m.....9596
Texas Department of Health
Thursday, September 10, 1998, 8:30 a.m.....9597
Thursday, September 10, 1998, 10:00 a.m.....9597
Thursday, September 10, 1998, 1:00 p.m.....9597
Thursday, September 10, 1998, 2:00 p.m.....9597
Friday, September 11, 1998, 8:30 a.m.....9598
Friday, September 11, 1998, 9:30 a.m.....9598
Friday, September 11, 1998, 11:00 a.m.....9598
Thursday, September 17, 1998, 8:30 a.m.....9599
Thursday, September 17, 1998, 8:30 a.m.....9599
Thursday, September 17, 1998, 9:00 a.m.....9599
Thursday, September 17, 1998, 9:30 a.m.....9599
Thursday, September 17, 1998, 10:00 a.m.....9599
Texas Higher Education Coordinating Board
Friday, September 18, 1998, 9:45 a.m.....9600
Friday, September 18, 1998, 10:00 a.m.....9600
Friday, September 18, 1998, 1:45 a.m.....9600
Monday, September 21, 1998, 9:30 a.m.....9600
Tuesday, September 22, 1998, 9:00 a.m.....9600
Thursday, September 24, 1998, 9:45 a.m.....9600
Texas Historical Commission
Saturday, September 12, 1998, 9:30 a.m.....9600
Texas Department of Housing and Community Affairs
Friday, September 11, 1998, 9:30 a.m.....9601
Friday, September 11, 1998, 11:00 a.m.....9601
Friday, September 11, 1998, 1:30 p.m.....9601
Texas Department of Insurance
Monday, October 5, 1998, 1:00 p.m.....9601
Thursday, October 8, 1998, 9:00 a.m.....9602
Commission on Jail Standards
Thursday, September 24, 1998, 1:30 p.m.....9602
Texas Commission on Law Enforcement Officer Standards and Education
Thursday, September 10, 1998, 1:30 p.m.....9602
Friday, September 11, 1998, 9:30 a.m.....9602
Texas Department of Licensing and Regulation
Wednesday, September 16, 1998, 9:30 a.m.....9602
Thursday, September 17, 1998, 9:30 a.m.....9603
Thursday, September 17, 1998, 1:30 p.m.....9603
Thursday, September 24, 1998, 9:30 a.m.....9603
Texas State Board of Medical Examiners
Thursday, September 3, 1998, 2:00 p.m.....9603
Wednesday, September 16, 1998, 8:30 a.m.....9604
Texas Mental Health and Mental Retardation Board
Wednesday, September 16, 1998, 8:00 a.m.....9604
Thursday, September 17, 1998, 8:00 a.m.....9604
Texas Municipal Retirement System
Saturday, September 19, 1998, 8:30 a.m.....9604
Texas Natural Resource Conservation Commission
Thursday, September 10, 1998, 10:00 a.m.....9604
Monday, September 14, 1998, 1:30 p.m.....9605
Tuesday, September 29, 1998, 7:00 p.m.....9605
Thursday, October 1, 1998, 7:00 p.m.....9605
Tuesday, October 6, 1998, 10:00 a.m.....9605
Board of Nurse Examiners
Wednesday, September 16, 1998, 4:00 p.m.....9605
Board of Vocational Nurse Examiners
Monday-Tuesday, September 14-15, 1998, 9:00 a.m.....9606
Texas Board of Occupations Therapy Examiners
Friday, September 11, 1998, 9:30 a.m.....9606
Friday, September 11, 1998, 1:00 p.m.....9606
Sunday, September 13, 1998, 9:30 a.m.....9606
Sunday, September 13, 1998, 10:30 a.m.....9607
Texas Board of Orthotics and Prosthetics
Wednesday, September 16, 1998, 8:00 a.m.....9607
Texas Board of Pardons and Paroles
Wednesday, September 16, 1998, 10:00 a.m.....9607
Thursday, September 17, 1998, 8:00 a.m.....9607
Texas State Board of Plumbing Examiners
Monday, September 14, 1998, 8:30 a.m.....9608
Monday, September 14, 1998, 8:30 a.m.....9608
Tuesday, September 15, 1998, 8:00 a.m.....9608
Produce Recovery Fund Board
Tuesday, September 22, 1998, 11:00 a.m.....9608
Texas Public Finance Authority
Wednesday, September 16, 1998, 10:30 a.m.....9609
Texas Real Estate Commission
Monday, September 14, 1998, 9:00 a.m.....9609
Records Management Interagency Coordinating Council
Wednesday, September 23, 1998, 10:00 a.m.....9609
Rural Community Health System
Friday, September 18, 1998, 9:00 a.m.....9610
School Land Board
Tuesday, September 15, 1998, 10:00 a.m.....9610
Texas Senate
Wednesday, October 7, 1998, 1:30 p.m.....9610
Texas Skill Standards Board
Monday, September 28, 1998, 1:00 p.m.....9611
Texas State Board of Social Worker Examiners
Friday, September 18, 1998, 8:30 a.m.....9611
Friday, September 18, 1998, 9:15 a.m.....9611
Friday, September 18, 1998, 10:00 a.m.....9611
Friday, September 18, 1998, 11:30 a.m.....9612
Friday, September 18, 1998, 1:30 p.m.....9612
Saturday, September 19, 1998....9612
Texas State Soil and Water Conservation Board
Tuesday, September 15, 1998, 8:00 a.m.....9612
Tuesday, September 15, 1998, 8:00 a.m.....9613
Stephen F. Austin State University
Friday, September 18, 1998, 12:30 p.m.....9613
Teacher Retirement System of Texas
Thursday, September 10, 1998, 9:00 a.m.....9613
The Texas A&M University System
Friday, September 11, 1998, 2:00 p.m.....9613
Texas Tech University and Texas Tech University Health Sciences Center
Tuesday-Saturday, September 8-12, 1998, Monday-Friday, September 14-18, 1998, 
Monday-Friday, September 21-25, 1998, Monday-Friday, September 28-October 2, 
1998, Monday-Friday, October 5-9, 1998, Monday-Friday, October 12-16, 1998, 
Monday-Wednesday, October 19-21, 1998, Friday, October 23, 1998, Monday-Friday, 
October 26-30, 1998, Monday-Friday, November 2-6, 1998, Monday-Thursday, 
November 9-12, 1998, Monday-Friday, November 16-20, 1998, Monday-Wednesday, 
November 23-25, 1998, Monday, November 30, 1998, 11:00 a.m.....9613
Texas Department of Transportation
Wednesday, September 30, 1998, 9:00 a.m.....9614
University of Houston
Monday, September 21, 1998, 1:00 p.m.....9614
Texas Veterans Commission
Thursday, September 17, 1998, 10:00 a.m.....9614
Texas Water Development Board
Wednesday, September 16, 1998, 3:00 p.m.....9614
Wednesday, September 16, 1998, 4:00 p.m.....9615
Thursday, September 17, 1998, 9:00 a.m.....9615
Texas Windstorm Insurance Association
Tuesday, September 15, 1998, 8:00 a.m.....9615
Texas Workforce Commission
Tuesday, September 15, 1998, 8:30 a.m.....9616
Tuesday, September 16, 1998, 8:00 a.m.....9616
Texas Youth Commission
Thursday, September 16, 1998, 4:00 p.m.....9616
Thursday, September 17, 1998, 8:00 a.m.....9616
Thursday, September 17, 1998, 9:00 a.m.....9616
Thursday, September 17, 1998, 9:00 a.m.....9616
Regional Meetings....9617
****IN ADDITION****
Ark-Tex Council of Governments
Request for Proposal for Provision of a Regional Law Enforcement Training 
Program....9623
Texas Department of Banking
Correction of Error....9623
Texas Commission for the Blind
FFY 1999 Independent Living Services Notice of Provider Enrollment....9623
Center for Rural Health Initiatives
Request for Proposal....9624
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program....9625
Office of Consumer Credit Commissioner
Notices of Rate Ceiling....9626
Texas Court Reporters Certification Board
Disciplinary Action....9626
Texas Department of Criminal Justice
Correction of Error....9626
Public Notice....9626
Texas Education Agency
Correction of Error....9626
General Services Commission
Request for Qualifications for Architectural/Engineering Services for Department 
of Public Safety Project No. 99-001-405, Baytown....9627
Request for Qualifications for Architectural/Engineering Services for Department 
of Public Safety Project No. 99-002-405, El Paso....9628
Request for Qualifications for Architectural/Engineering Services for Department 
of Public Safety Project No. 99-003-405, Eastland....9628
Request for Qualifications for Architectural/Engineering Services for Department 
of Public Safety Project No. 99-004-405, Alpine....9629
Request for Qualifications for Architectural/Engineering Services for Department 
of Public Safety Project No. 99-005-405, Borger....9630
Request for Qualifications for Architectural/Engineering Services for Department 
of Public Safety Project No. 99-006-405, Tyler....9630
Request for Qualifications for Architectural/Engineering Services for Department 
of Public Safety Project No. 99-007-405, Ft. Worth....9631
Request for Qualifications for Architectural/Engineering Services for Department 
of Public Safety Project No. 99-008-405, Temple....9632
Request for Qualifications for Architectural/Engineering Services for Department 
of Public Safety Project No. 99-009-405, Cleburne....9633
Request for Qualifications for Architectural/Engineering Services for Department 
of Public Safety Project No. 99-010-405, Palestine....9633
Request for Qualifications for Architectural/Engineering Services for Department 
of Public Safety Project No. 99-011-405, Plainview....9634
Architect/Engineer Questionnaire....9635
Office of the Governor
Request for Proposals....9637
Texas Department of Health
Corrections of Error....9638
Licensing Action for Radioactive Materials....9638
Notice of Intent to Revoke Certificates of Registration....9641
Notice of Intent to Revoke Radioactive Material Licenses....9642
Patient Health Care Information Fees for General and Special Hospitals....9642
Texas Department of Housing and Community Affairs
Notices of Administrative Hearings....9642
Notice of Amendments to the 1998 State of Texas Consolidated Action Plan....9643
Texas Department of Insurance
Insurer Services....9646
Notices....9646
Texas Juvenile Probation Commission
Request for Contract Proposals for a Coordinator to Oversee Technical Assistance 
and Training on the Comprehensive Strategy for Serious, Violent, and Chronic 
Juvenile Offenders....9646
Legislative Budget Board
Schedule for Joint Budget Hearings (for the period of September 21-October 2, 
1998) on Appropriations Requests for the 2000-2001 Biennium....9647
Texas Natural Resource Conservation Commission
Correction of Error....9651
Texas State Board of Pharmacy
Notification of Meeting of Task Force on Pharmacists' Working Conditions and 
Their Impact on the Public Health....9651
Public Utility Commission of Texas
Applications to Introduce New or Modified Rates or Terms Pursuant to P.U.C. 
Substantive Rule sec.23.25....9651
Notices of Application for Approval of Intralata Equal Access Implementation 
Plan Pursuant to P.U.C. Substantive Rule sec.23.103....9651
Notices of Intent to File Pursuant to P.U.C. Substantive Rule sec.23.27....9653
Notice of Public Workshop....9653
Texas Real Estate Commission
Correction of Error....9654
Texas Department of Transportation
Request for Proposal....9654
Request for Proposal (Patent Matters)....9655
Request for Qualifications....9655
The University of Texas System
Invitation for Consultants to Provide Offers of Consulting Services....9657
Texas Water Development Board
Correction of Error....9658
Eligible County List....9658