Texas Register January 30, 1998

Texas Register
January 30, 1998
Vo.l. 23 No. 5
Pages 677-876

IN THIS ISSUE


GOVERNOR

Office of the Governor
Appointments Made January 8, 1998
Appointments Made January 13, 1998
Appointments Made January 21, 1998

ATTORNEY-GENERAL

Letter Opinions
Opinion
Request for Opinions
Open Records Request

PROPOSED

Office of the Secretary of State

Elections
1 TAC §81.117, §81.121

Texas Department of Agriculture

Boll Weevil Eradication Program
4 TAC §3.112

Texas Animal Health Commission

Brucellosis
4 TAC §35.2
4 TAC §35.3
4 TAC §35.6
Equine
4 TAC §49.1

Public Utility Commission of Texas

Substantive Rules
16 TAC §§23.1, 23.2, 23.4
16 TAC §23.98
Substantive Rules Applicable to Electric Service Providers
16 TAC §§25.1, 25.2, 25.3, 25.4
Substantive Rules Applicable to Telecommunications Service Providers
16 TAC §§26.1, 26.2, 26.3, 26.4

Texas Motor Vehicle Board

Advertising Rules
16 TAC §105.25, §105.26
16 TAC §105.26

Texas Racing Commission

General Provisions
16 TAC §303.4
Licenses for Pari-mutuel Racing
16 TAC §305.244
Practice and Procedure
16 TAC §307.302
Operation of Racetracks
16 TAC §309.18
Disciplinary Action and Enforcement
16 TAC §323.2

Texas State Board of Plumbing Examiners

Administration
22 TAC §361.1
Examination
22 TAC §363.1
22 TAC §363.11
Enforcement
22 TAC §367.3

Texas Real Estate Commission

Provisions of the Real Estate License Act
22 TAC §§535.1-535.4
22 TAC §§535.12, 535.14-535.17, 535.20
22 TAC §535.31, §535.33
22 TAC §535.41
22 TAC §§535.51-535.53, 535.61, 535.62, 535.66, 535.68, 535.70

Texas Department of Health

Zoonosis Control
25 TAC §§169.21-169.24, §§169.26-169.31, 169.33-169.34

Texas Department of Mental Health and Mental Retardation

ICF/MR Programs
25 TAC §406.215

Texas Department of Insurance

General Administration
28 TAC §1.205

Texas Commission on Alcohol and Drug Abuse

Investigations and Hearings
40 TAC §§142.31, 142.32
Approved Drug Offender Education Program
40 TAC §§147.1-147.9
40 TAC §§147.31-147.44
Court Commitments
40 TAC §§149.1, 149.13, 149.15, 149.16
40 TAC 149.21, 149.22, 149.31, 149.32, 149.54
Approved Alcohol Awareness Programs
40 TAC §§152.1-152.8
40 TAC §§152.20-152.33
DWI Education Program Standards and Procedures
40 TAC §§153.1-153.19
40 TAC §§153.31-153.42
Offender Education Programs
40 TAC §§153.1-153.8
40 TAC §§153.32-153.36, 153.41-153.44, 153.51-153.55
DWI Repeat Offender Program Standards and Procedures
40 TAC §§154.1-154.8
40 TAC §§154.20-154.32

Texas Department of Transportation Board of Directors of the Texas Turnpike Authority Division

Management
43 TAC §50.2
43 TAC §50.32
43 TAC §§50.41-50.43

WITHDRAWN

Texas Animal Health Commission

Brucellosis
4 TAC §35.2
Equine
4 TAC §49.1

Texas Department of Health

Birthing Centers
25 TAC §137.35

ADOPTED

Texas Animal Health Commission

Brucellosis
4 TAC §35.1
Tuberculosis
4 TAC §43.1
Equine
4 TAC §49.2
Interstate Shows and Fairs
4 TAC §51.1
4 TAC §51.2
4 TAC §51.4
4 TAC §51.6

Texas Department of Housing and Community Affairs

Texas Community Development Program
10 TAC §9.1, §9.7
Housing Trust Fund Rules
10 TAC §§51.1-51.18

Texas Racing Commission

Licenses for Pari-Mutuel Racing
16 TAC §305.33
16 TAC §305.70
Practice and Procedure
16 TAC §307.261
Conduct and Duties of Individuals
16 TAC §311.106
Officials and Rules of Horse Racing
16 TAC §313.21
16 TAC §313.22
16 TAC §313.166
16 TAC §313.406
Officials and Rules for Greyhound Racing
16 TAC §315.2, §315.3

Board of Nurse Examiners

Nurse Education
22 TAC §§215.2-215.6, 215.14, 215.20
22 TAC §215.14, §215.20
Licensure and Practice
22 TAC §217.5
Advanced Practice Nurses
22 TAC §221.1, §221.12
Advanced Practice Nurses with Limited Prescriptive Authority
22 TAC §222.1

Texas State Board of Plumbing Examiner

Administration
22 TAC §361.22
22 TAC §361.28
Licensing
22 TAC §365.11
22 TAC §365.12
Enforcement
22 TAC §367.1

Texas Department of Health

Communicable Diseases
25 TAC §97.63
25 TAC §§97.121, 97.123-97.125
25 TAC §97.122
Birthing Centers
25 TAC §§137.1-137.11
25 TAC §§137.1-137.4
25 TAC §§137.11-137.13
25 TAC §§137.21-137.23
25 TAC §§137.31-137.34, 137.36-137.55

General Land Office

Exploration and Leasing of Oil and Gas
31 TAC §9.7
Exploration and Development of State Minerals Other than Oil and Gas
31 TAC §10.8

Texas Water Development Board

Water Banking
31 TAC §§359.1-359.3, 359.8, 359.11, 359.15
Financial Assistance Programs
31 TAC §363.33
31 TAC §363.209
Agricultural Water Conservation Program
31 TAC §367.74
31 TAC §§367.71, 367.72, 367.74, 367.77
Drinking Water State Revolving Fund
31 TAC §371.22
31 TAC §371.52
State Water Pollution Control Revolving Fund
31 TAC §375.21
31 TAC §375.52

Comptroller of Public Accounts

Central Administration
34 TAC §1.33
Funds Management (Fiscal Affairs)
34 TAC §5.61
Property Tax Administration
34 TAC §9.17
34 TAC §9.402
34 TAC §9.415
34 TAC §9.803
34 TAC §9.3015
34 TAC §9.3031
34 TAC §9.3038
34 TAC §9.3042
34 TAC §9.3055
34 TAC §9.3064
34 TAC §9.4033
34 TAC §9.5141

Texas Rehabilitation Commission

Legal Services
40 TAC §110.1

Texas Commission on Alcohol and Drug Abuse

General Provisions
40 TAC §§141.1-141.6, 141.8-141.14, 141.31, 141.33, 141.34, 141.41, 141.51, 141.61
40 TAC §§141.11, 141.21, 141.31
Faith Based Chemical Dependency Programs
40 TAC §§145.11, 145.21-145.25
Facility Licensure
40 TAC §148.2
40 TAC §148.3
40 TAC §148.26
40 TAC §148.41
40 TAC §148.61
40 TAC §148.119
40 TAC §148.163
40 TAC §148.202
40 TAC §148.234
Counselor Licensure
40 TAC §§150.3-150.8, 150.10, 150.31-150.33, 150.36-150.39, 150.52, 150.53, 150.61
40 TAC §§150.71-150.73

EXEMPT-FILINGS

Texas Department of Insurance
ADOPTED ACTION

RULE-REVIEW

Agency Rule Review Plans
Public Utility Commission of Texas
Texas Board of Professional Land Surveying
Texas State Board of Pharmacy
Texas Rehabilitation Commission
Texas Credit Union Department
Texas State Board of Public Accountancy
Proposed Rule Reviews

TABLES-AND-GRAPHICS

OPEN-MEETINGS

Texas State Board of Acupuncture Examiners
Monday, January 26, 1998, 9:00 a.m.
Monday, January 26, 1998, 9:00 a.m.
Monday, January 26, 1998, 10:00 a.m.
State Office of Administrative Hearings
Thursday, February 5, 1998, 9:00 a.m.
Friday, February 6, 1998, 10:00 a.m.
Monday, March 9, 1998, 10:00 a.m.
Texas Department on Aging (TDoA)
Tuesday, February 10, 1998, 10:00 a.m.
Wednesday, February 11, 1998, 9:30 a.m.
State Aircraft Pooling Board
Tuesday, January 27, 1998, 9:00 a.m.
Texas Alcoholic Beverage Commission
Monday, January 26, 1998, 1:30 p.m.
Texas Board of Architectural Examiners
Thursday, January 29, 1998, 8:30 a.m.
Thursday, January 29, 1998, 10:45 a.m.
Thursday, January 29, 1998, 1:30 p.m.
Thursday, January 30, 1998, 8:30 a.m.
Texas Bond Review Board
Thursday, January 22, 1998, 10:00 a.m.
State Cemetery Committee
Thursday, January 29, 1998, 10:00 a.m.
Texas Corn Producers Board
Wednesday, January 28, 1998, 8:00 a.m.
Thursday, January 29, 1998, 8:00 a.m.
Office of Court Administration
Thursday, February 12, 1998, 10:00 a.m.
Texas Court Reporters Certification Board
Saturday, January 24, 1998, 9:00 a.m.
Texas Department of Criminal Justice
Friday, January 23, 1998, 9:00 a.m.
Thursday, January 29, 1998, 12:00 p.m.
Thursday, January 29, 1998, 1:00 p.m.
Thursday, January 29, 1998, 2:00 p.m.
Thursday, January 29, 1998, 4:00 p.m.
Texas Diabetes Council
Friday, January 30, 1998, 1:00 p.m.
Texas Education Agency (TEA)
Tuesday, January 27, 1998, 12:15 p.m.
Friday, February 6, 1998, 4:30 p.m.
State Employee Charitable Campaign
Wednesday, January 21, 1998, 10:00 a.m.
Wednesday, January 28, 1998, 3:00 p.m.
Fire Fighters' Pension Commission
Friday, January 23, 1998, 8:30 a.m.
Texas Funeral Service Commission
Monday, January 26, 1998, 1:00 p.m.
Monday, January 26, 1998, 2:00 p.m.
Monday, January 26, 1998, 4:00 p.m.
Tuesday-Wednesday, January 27-28, 1998, 9:00 a.m. and 2:00 p.m. respectively
Wednesday, January 28, 1998, 8:30 a.m.
General Services Commission
Tuesday, January 27, 1998, 9:30 a.m.
Texas Department of Health
Friday, January 23, 1998, 10:00 a.m.
Friday, January 30, 1998, 10:00 a.m.
Friday, January 30, 1998, 3:00 p.m.
Texas Health Care Information Council
Thursday, January 29, 1998, 4:00 p.m.
Friday, January 30, 1998, 8:00 a.m.
Friday, January 30, 1998, 8:00 a.m.
Friday, January 30, 1998, 9:15 a.m.
Friday, January 30, 1998, 10:00 a.m.
Texas Health Insurance Risk Pool (“Health Pool”)
Thursday, January 22, 1998, 9:00 a.m.
Texas Health Kids Corporation (“THKC”)
Wednesday, January 28, 1998, 9:30 a.m.
Texas Historical Commission
Wednesday, January 28, 1998, 2:00 p.m.
Thursday, January 29, 1998, 8:00 a.m.
Thursday, January 29, 1998, 10:30 a.m.
Thursday, January 29, 1998, 1:00 p.m.
Thursday, January 29, 1998, 1:30 p.m.
Thursday, January 29, 1998, 3:45 p.m.
Friday, January 30, 1998, 8:00 a.m.
Friday, January 30, 1998, 8:00 a.m.
Friday, January 30, 1998, 10:00 a.m.
Texas State Affordable Housing Corporation
Monday, January 26, 1998, 1:00 p.m.
Texas Department of Housing and Community Affairs
Saturday, January 24, 1998, 10:00 a.m.
Monday, January 26, 1998, 8:00 a.m.
Monday, January 26, 1998, 8:30 a.m.
Monday, January 26, 1998, 9:00 a.m.
Monday, January 26, 1998, 10:00 a.m.
Wednesday, January 28, 1998, 10:00 a.m.
Texas Department of Human Services
Friday, January 23, 1998, 10:00 a.m.
Texas Department of Insurance
Monday, January 26, 1998, 9:00 a.m.
Wednesday, February 4, 1998, 1:00 p.m.
Monday, February 9, 1998, 1:00 p.m.
Tuesday, February 10, 1998, 9:00 a.m.
Tuesday, February 10, 1998, 1:00 p.m.
Commission on Jail Standards
Thursday, January 29, 1998, 9:00 a.m.
Boards for Lease of State-owned Lands
Thursday, January 22, 1998, 3:00 p.m.
Legislative Budget Board
Wednesday, February 4, 1998, 9:00 a.m. — revised time
Texas Department of Licensing and Regulation
Wednesday, January 28, 1998, 9:00 a.m.
Wednesday, January 28, 1998, 1:00 p.m.
Texas Life, Accident, Health and Hospital Service Insurance Guaranty Association
Tuesday, January 27, 1998, 9:00 a.m.
Midwestern State University
Tuesday, January 20, 1998, 3:00 p.m.
Texas Natural Resource Conservation Commission
Thursday, January 22, 1998, 1:30 p.m.
Wednesday, March 4, 1998, 9:00 a.m.
Wednesday, March 18, 1998, 9:30 a.m.
Texas State Board of Plumbing Examiners
Tuesday, February 3, 1998, 9:00 a.m.
Public Utility Commission of Texas
Thursday, January 22, 1998, 10:00 a.m.
Friday, January 23, 1998, 9:00 a.m.
Monday, January 26, 1998, 10:00 a.m.
Monday, January 26, 1998, 10:00 a.m.
Friday-Saturday, January 30-31, 1998, 6:00 p.m. and 7:00 a.m. respectively
Railroad Commission of Texas
Monday, January 26, 1998, 9:30 a.m.
Texas Rehabilitation Commission
Thursday, January 29, 1998, 9:00 a.m.
Friday, January 30, 1998, 9:00 a.m.
Teacher Retirement System of Texas
Friday, January 23, 1998, 11:00 a.m.
The Texas A&M University System Board of Regents
Wednesday, January 21, 1998, 9:30 a.m.
Wednesday, January 21, 1998, 2:00 p.m.
Wednesday, January 21, 1998, 3:45 p.m.
Wednesday, January 21, 1998, 6:00 p.m.
Thursday, January 22, 1998, 8:30 a.m.
Thursday, January 22, 1998, 10:10 a.m.
Thursday, January 22, 1998, 10:30 a.m.
Thursday, January 22, 1998, 11:15 a.m., or upon recess or adjournment of Committee on Academic and Student Affairs Meeting.
Texas Southern University
Thursday, February 5, 1998, 10:00 a.m.
Thursday, February 5, 1998, 11:15 a.m.
Thursday, February 5, 1998, 12:30 p.m.
Thursday, February 5, 1998, 1:15 p.m.
Thursday, February 5, 1998, 2:15 p.m.
Friday, February 6, 1998, 8:30 a.m.
University of Houston
Monday, January 26, 1998, 1:00 p.m.
U.T. M.D. Anderson Cancer Center
Tuesday, January 20, 1998, 9:00 a.m.
University of Texas Health Science Center at San Antonio
Wednesday, January 28, 1998, 3:00 p.m.
Texas Windstorm Insurance Association
Tuesday, February 3, 1998, 9:00 a.m.
Texas Workers' Compensation Insurance Fund
Tuesday, January 27, 1998, 7:00 p.m.
Tuesday, January 27, 1998, 8:00 p.m.
Wednesday, January 28, 1998, 1:00 p.m.
Regional Meetings

IN-ADDITION

Texas Department of Agriculture
Notice of Public Hearing
Office of the Attorney General
Notice of Settlement of Hazardous Waste Enforcement Case
Texas Credit Union Department
Application(s) to Expand Field of Membership
General Land Office
Correction of Errors
General Services Commission
Notice of Request for Proposals Extension
Harris County Flood Control District
Request for Statements
Texas Department of Health
Correction of Errors
Designation of Site Serving Medically Underserved Populations - Kashmere Multi-Service Center
Designation of Site Serving Medically Underserved Populations -
Texas Department of Housing and Community Affairs
Notice of Administrative Hearing MHD1998000996R
Texas Department of Human Services
Request for Proposal for the Delivery of Case Management Services for the CLASS Program
Deadline Extension of Request for Proposal for the Delivery of Service for the CLASS Program
Public Hearing-Proposed Rules on Pooled Trusts
Texas Department of Insurance
Notice of Texas Title Insurance Hearing
Texas Lottery Commission
Invitation for Bids for Court Reporter Services
Request for Proposals
Texas Natural Resource Conservation Commission
Enforcement Orders
Notice of Application for Municipal Solid Waste Management Facility Permit
Notice of Availability and Request for Public Comment
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Public Meeting-Waste Reduction Advisory Committee
Provisionally-Issued Temporary Permits to Appropriate State Water
North Central Texas Council of Governments
Notification to Secretary of State Information for Texas Register
Texas State Board of Examines of Psychologists
Correction of Errors
Public Utility Commission of Texas
Notices of Application for Approval of Certain Depreciation Rates
Notices of Application for Approval of Special Amortization
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Intent to File Pursuant to P.U.C. Substantive Rule 23.27
Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule §23.27
Public Notice of Interconnection Agreement
Texas Department of Transportation
Notice of Hearing
Notices of Invitation
Public Notice
Public Notice
Texas Workforce Commission
Request for Proposals
Texas Council on Workforce and Economic Competitiveness
Correction of Errors

End of Issue