Texas Register
May 11, 2007
Volume 32 Number 19
Pages 2515-2732

IN THIS ISSUE


ATTORNEY GENERAL

Requests for Opinion
Opinion

PROPOSED RULES

TEXAS HEALTH AND HUMAN SERVICES COMMISSION

REIMBURSEMENT RATES
SCHOOL HEALTH AND RELATED SERVICES
1 TAC §355.8301
EARLY AND PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT (EPSDT)
1 TAC §355.8443

PUBLIC UTILITY COMMISSION OF TEXAS

SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
16 TAC §26.2
16 TAC §26.82, §26.88
16 TAC §26.122, §26.126
16 TAC §26.275

GENERAL LAND OFFICE

LAND RESOURCES
31 TAC §13.76

TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM

PRACTICE AND PROCEDURE REGARDING CLAIMS
34 TAC §101.8, §101.10
MISCELLANEOUS RULES
34 TAC §107.4

DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES

ADMINISTRATIVE RULES AND PROCEDURES
GENERAL RULES
40 TAC §101.811, §101.821
DIVISION FOR BLIND SERVICES APPEALS AND HEARING PROCEDURES
40 TAC §§101.851, 101.853, 101.855, 101.857, 101.859, 101.861, 101.863, 101.865, 101.867, 101.869, 101.871, 101.873, 101.875, 101.877, 101.879, 101.881, 101.883
DIVISION FOR REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES
40 TAC §§101.901, 101.903, 101.905, 101.907, 101.909, 101.911
ADMINISTRATIVE RULES AND PROCEDURES
GENERAL RULES
40 TAC §§101.3601, 101.3603, 101.3605, 101.3607, 101.3609, 101.3611, 101.3613, 101.3615, 101.3617
COMMISSION BOARD PROCEDURES
40 TAC §§101.3641, 101.3643, 101.3645, 101.3647
ACCESS TO PUBLIC INFORMATION
40 TAC §§101.3681, 101.3683, 101.3685, 101.3687, 101.3689
CONTRACT DISPUTE RESOLUTION
40 TAC §§101.3711, 101.3713, 101.3715, 101.3717, 101.3719, 101.3721, 101.3723, 101.3725, 101.3727, 101.3729, 101.3731, 101.3733, 101.3735, 101.3737, 101.3739, 101.3741, 101.3743, 101.3745, 101.3747, 101.3749, 101.3751, 101.3753, 101.3755, 101.3757, 101.3759, 101.3761, 101.3763, 101.3765, 101.3767
PURCHASE OF GOODS AND SERVICES BY THE COMMISSION
40 TAC §§101.3801, 101.3807, 101.3811
GENERAL RULES
40 TAC §§101.4001, 101.4003, 101.4005, 101.4007, 101.4009, 101.4011, 101.4013, 101.4015, 101.4017, 101.4019, 101.4021, 101.4023, 101.4025, 101.4027, 101.4029, 101.4031, 101.4033, 101.4035, 101.4037, 101.4039, 101.4041
LEGAL SERVICES
40 TAC §101.4201, §101.4203
SPECIAL RULES AND POLICIES
40 TAC §§101.4223, 101.4225, 101.4227, 101.4229, 101.4231, 101.4233, 101.4235, 101.4237, 101.4239, 101.4241
PURCHASE OF GOODS AND SERVICES
40 TAC §101.4525, §101.4527
HISTORICALLY UNDERUTILIZED BUSINESSES
40 TAC §§101.5051, 101.5053, 101.5055, 101.5057
MISCELLANEOUS REQUIREMENTS
40 TAC §101.5201, §101.5205
CONTRACT ADMINISTRATION
40 TAC §§101.5211, 101.5213, 101.5231, 101.5233, 101.5235
GENERAL PROVISIONS
40 TAC §§101.5801, 101.5803, 101.5805, 101.5807, 101.5809, 101.5811, 101.5813, 101.5815, 101.5817, 101.5819, 101.5821, 101.5823, 101.5825, 101.5827, 101.5829, 101.5831, 101.5833, 101.5835, 101.5837, 101.5839, 101.5841, 101.5843, 101.5845, 101.5847, 101.5849, 101.5851, 101.5853, 101.5855, 101.5857, 101.5859, 101.5861, 101.5863
PROGRAM STANDARDS AND PROCEDURES
40 TAC §101.6401
RULEMAKING PROCEDURES
40 TAC §§101.6451, 101.6453, 101.6455, 101.6457, 101.6459, 101.6461
GIFTS, GRANTS, AND DONATIONS
40 TAC §§101.6601, 101.6603, 101.6605, 101.6607, 101.6609, 101.6611, 101.6613, 101.6615
FEES
40 TAC §§101.6701, 101.6703, 101.6705
COOPERATIVE ACTIVITIES
40 TAC §101.6801
MEMORANDA OF UNDERSTANDING WITH STATE AGENCIES
40 TAC §101.6821
40 TAC §101.8103
40 TAC §101.9101
40 TAC §§101.101, 101.103, 101.105, 101.107, 101.109, 101.111, 101.113, 101.115, 101.117, 101.119, 101.121, 101.123, 101.131
40 TAC §§101.201, 101.203, 101.209, 101.211, 101.213
40 TAC §§101.551, 101.553, 101.555, 101.557
40 TAC §§101.601, 101.603, 101.605
DIVISION FOR BLIND SERVICES APPEALS AND HEARING PROCEDURES
40 TAC §§101.1001, 101.1003, 101.1005, 101.1007, 101.1009, 101.1011
GENERAL CONTRACTING RULES
40 TAC §§105.1403, 105.1405, 105.1407, 105.1409, 105.1411, 105.1413, 105.1415, 105.1417, 105.1419, 105.1421, 105.1423, 105.1425
BLIND SERVICES
VOCATIONAL REHABILITATION AND INDEPENDENT LIVING PROGRAMS
40 TAC §§106.19, 106.23, 106.25, 106.27, 106.29, 106.30, 106.33, 106.34, 106.37, 106.39, 106.41, 106.43, 106.45, 106.47, 106.49, 106.51, 106.53, 106.55, 106.57, 106.59, 106.61, 106.63, 106.65, 106.67, 106.69, 106.71, 106.73, 106.75, 106.77, 106.79, 106.81, 106.83, 106.85, 106.87, 106.89, 106.91
DIVISION FOR BLIND SERVICES
BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM
40 TAC §§106.121, 106.123, 106.125, 106.127, 106.129, 106.131, 106.133, 106.135, 106.137
GENERAL RULES
40 TAC §106.305
INVESTIGATIONS OF ABUSE, NEGLECT, AND EXPLOITATION
40 TAC §§106.321, 106.323, 106.325, 106.327, 106.329, 106.331, 106.333, 106.335, 106.337, 106.339, 106.341, 106.343, 106.345
GENERAL INFORMATION
40 TAC §106.857
SERVICES
40 TAC §106.1459
40 TAC §§106.1901, 106.1903, 106.1905, 106.1907, 106.1909, 106.1911, 106.1913, 106.1915, 106.1917, 106.1919, 106.1921, 106.1923
GENERAL RULES
40 TAC §106.302, §106.303
GENERAL INFORMATION
40 TAC §§106.503, 106.505, 106.507, 106.509
BASIC PROGRAM REQUIREMENTS
40 TAC §§106.523, 106.525, 106.527, 106.529, 106.531, 106.533, 106.535
VOCATIONAL REHABILITATION SERVICES
40 TAC §§106.551, 106.553, 106.557, 106.559, 106.561, 106.564, 106.566, 106.574, 106.578, 106.580, 106.582
ORDER OF SELECTION FOR SERVICES
40 TAC §106.605
CONSUMER PARTICIPATION IN COST OF SERVICES
40 TAC §§106.621, 106.623, 106.625, 106.627, 106.631, 106.633
MAXIMUM AFFORDABLE PAYMENT
40 TAC §106.651
SERVICE PROVIDERS
40 TAC §106.661
CONFIDENTIALITY OF RECORDS
40 TAC §§106.671, 106.673, 106.675
GENERAL INFORMATION
40 TAC §106.851, §106.855
BASIC PROGRAM REQUIREMENTS
40 TAC §§106.873, 106.875, 106.877, 106.879, 106.881
INDEPENDENT LIVING SERVICES
40 TAC §106.901, §106.903
CONSUMER PARTICIPATION IN COST OF SERVICES
40 TAC §§106.931, 106.933, 106.935, 106.937, 106.939, 106.941
MAXIMUM AFFORDABLE PAYMENT
40 TAC §106.965
40 TAC §§106.1101, 106.1103, 106.1105, 106.1107
40 TAC §§106.1201, 106.1203, 106.1205, 106.1207, 106.1211, 106.1213, 106.1215, 106.1217, 106.1219, 106.1221, 106.1223, 106.1225, 106.1227, 106.1229, 106.1231, 106.1233
GENERAL INFORMATION
40 TAC §§106.1401, 106.1403, 106.1405, 106.1407, 106.1409, 106.1411, 106.1413
BASIC PROGRAM REQUIREMENTS
40 TAC §§106.1421, 106.1423, 106.1425, 106.1427, 106.1429, 106.1433
SERVICES
40 TAC §§106.1445, 106.1447, 106.1449, 106.1451, 106.1453, 106.1455, 106.1457, 106.1461, 106.1463
ORDER OF SELECTION FOR PAYMENT OF SERVICES
40 TAC §§106.1485, 106.1487, 106.1489
CASE MANAGEMENT REIMBURSEMENT CHARGES
40 TAC §106.1501
40 TAC §§106.1801, 106.1803, 106.1805, 106.1807, 106.1809, 106.1811, 106.1813
DIVISION FOR REHABILITATION SERVICES
40 TAC §§107.11, 107.13, 107.15, 107.17, 107.19
PROVISION OF VOCATIONAL REHABILITATION SERVICES
40 TAC §§107.101, 107.103, 107.107, 107.109, 107.111, 107.113, 107.115, 107.117, 107.119, 107.121, 107.123, 107.125, 107.127, 107.129, 107.131, 107.133, 107.135, 107.137, 107.139
CLIENT PARTICIPATION
40 TAC §107.151, §107.153
COMPARABLE BENEFITS
40 TAC §§107.171, 107.173, 107.175
ELIGIBILITY AND INELIGIBILITY
40 TAC §§107.191, 107.193, 107.197
40 TAC §107.193
METHODS OF ADMINISTRATION OF VOCATIONAL REHABILITATION
40 TAC §§107.215, 107.217, 107.221, 107.223, 107.225
40 TAC §§107.601, 107.603, 107.605, 107.607, 107.609
40 TAC §§107.801, 107.803, 107.805, 107.807, 107.811
40 TAC §107.1203, §107.1209
40 TAC §§107.1401, 107.1403, 107.1405
40 TAC §107.1607
40 TAC §§107.1611, 107.1615, 107.1617
REHABILITATION SERVICES
40 TAC §§107.401, 107.403, 107.405, 107.407, 107.409, 107.411, 107.413, 107.415
40 TAC §§107.1001, 107.1003, 107.1005, 107.1007, 107.1009, 107.1011, 107.1013
DIVISION FOR EARLY CHILDHOOD INTERVENTION SERVICES
40 TAC §108.65
40 TAC §§108.85, 108.87, 108.89, 108.91
DEAF AND HARD OF HEARING SERVICES
DEFINITIONS
40 TAC §§109.1, 109.3, 109.5, 109.7
PROGRAM ELIGIBILITY
40 TAC §§109.31, 109.33, 109.35, 109.37, 109.39, 109.41, 109.43, 109.45
OFFICE FOR DEAF AND HARD OF HEARING SERVICES
40 TAC §109.101, §109.103
40 TAC §§109.401, 109.403, 109.405, 109.407, 109.409, 109.411, 109.413, 109.415, 109.417
DEAF AND HARD OF HEARING SERVICES
CERTIFIED COURT INTERPRETERS
40 TAC §§109.901, 109.903, 109.905, 109.907, 109.909, 109.911, 109.913, 109.915, 109.917, 109.919, 109.921, 109.923, 109.925, 109.927, 109.929, 109.931
OFFICE FOR DEAF AND HARD OF HEARING SERVICES
40 TAC §§109.301, 109.303, 109.305, 109.311, 109.313, 109.315, 109.321, 109.323, 109.325, 109.327, 109.329, 109.331, 109.333, 109.335, 109.337, 109.339, 109.341, 109.351, 109.353, 109.361, 109.363, 109.365, 109.367, 109.371, 109.373

DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

CHILD PROTECTIVE SERVICES
40 TAC §§700.308 - 700.311, 700.314 - 700.321, 700.323 - 700.325, 700.327 - 700.333, 700.345, 700.346
40 TAC §700.322, §700.334
40 TAC §700.505
40 TAC §700.505
PROGRAM DESCRIPTION AND DEFINITIONS
40 TAC §700.801
40 TAC §§700.801 - 700.805
TITLE IV-E ELIGIBILITY REQUIREMENTS
40 TAC §§700.820 - 700.823
APPLICATION PROCESS, AGREEMENTS, AND BENEFITS
40 TAC §§700.840, 700.841, 700.844 - 700.846, 700.850
CHANGES IN CIRCUMSTANCES
40 TAC §700.860
APPEALS AND HEARINGS
40 TAC §700.880, §700.881
EDUCATION AND TRAINING VOUCHER PROGRAM
40 TAC §700.1615

TEXAS DEPARTMENT OF TRANSPORTATION

CONTRACT MANAGEMENT
43 TAC §9.2
43 TAC §9.38

WITHDRAWN RULES

TEXAS HIGHER EDUCATION COORDINATING BOARD

CAMPUS PLANNING
19 TAC §17.101

ADOPTED RULES

TEXAS HIGHER EDUCATION COORDINATING BOARD

RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
19 TAC §4.85
19 TAC §4.175
RULES APPLYING TO PUBLIC UNIVERSITIES AND/OR HEALTH-RELATED INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
19 TAC §5.24
STUDENT SERVICES
19 TAC §21.255
19 TAC §21.285
GRANT AND SCHOLARSHIP PROGRAMS
19 TAC §22.33
19 TAC §22.234

TEXAS REAL ESTATE COMMISSION

PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS
22 TAC §§537.21 - 537.23, 537.35, 537.39 - 537.41, 537.48

DEPARTMENT OF STATE HEALTH SERVICES

OCCUPATIONAL HEALTH
25 TAC §§295.301 - 295.338

TEXAS PARKS AND WILDLIFE DEPARTMENT

EXECUTIVE
31 TAC §§51.161 - 51.163, 51.165, 51.166
31 TAC §§51.161 - 51.167
FINANCE
LICENSE, PERMIT, AND BOAT AND MOTOR FEES
31 TAC §§53.2, 53.5, 53.6, 53.12, 53.13
31 TAC §53.60
LICENSE, PERMIT, AND BOAT AND MOTOR FEES
31 TAC §53.16
FISHERIES
31 TAC §57.111, §57.113

TEXAS WATER DEVELOPMENT BOARD

INVESTMENT RULES
31 TAC §365.10

DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

CHILD PROTECTIVE SERVICES
40 TAC §§700.104 - 700.106
40 TAC §§700.107 - 700.114
40 TAC §700.413

TEXAS DEPARTMENT OF TRANSPORTATION

TOLL PROJECTS
43 TAC §§27.2 - 27.5, 27.7, 27.9
43 TAC §27.8

RULE REVIEW

Proposed Rule Reviews
Comptroller of Public Accounts
Office of the Secretary of State

OPEN MEETINGS

IN ADDITION

Ark-Tex Council of Governments
Request for Proposal for a Provision of a Law Enforcement Training Program
Office of the Attorney General
Texas Clean Air Act Settlement Notice
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
Comptroller of Public Accounts
Certification of the Average Taxable Price of Gas and Oil
Concho Valley Workforce Development Board
Request for Proposal
Office of Consumer Credit Commissioner
Notice of Rate Ceilings
Texas Commission on Environmental Quality
Agreed Orders
Enforcement Orders
Notice of District Petition
Notice of Public Meeting
Notice of the Executive Director's Response to Public Comments and Explanation of Changes
Texas Public Finance Authority
Notice of Hearing - Cosmos Foundation, Inc. Education Revenue Bonds, Series 2007A
Texas Health and Human Services Commission
Public Notice
Public Notice
Department of State Health Services
Licensing Actions for Radioactive Materials
Notice of Emergency Cease and Desist Order on Primary Health Physicians, P.A., dba Carenow
Texas Department of Insurance
Notice of Re-Opened Call for Issues Related to the 2006 Biennial Hearing
Texas Lottery Commission
Instant Game Number 807 "Lucky Numbers"
Instant Game Number 809 "Big Bang Bucks"
Instant Game Number 810 ''$50,000 Big Money''
Instant Game Number 833 "$130 Million Payout Bonanza"
Lower Rio Grande Valley Workforce Development Board
Lease Proposals East Hidalgo County
Lease Proposals Starr County
Lease Proposals West Hidalgo County
Request for Proposals Training Vendors/Consultants
Public Utility Commission of Texas
Announcement of Application for State-Issued Certificate of Franchise Authority
Correction of Error
Notice of Application for a Certificate to Provide Retail Electric Service
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
Notice of Application for Designation as an Eligible Telecommunications Carrier Pursuant to P.U.C. Substantive Rule §26.418
Notice of Application for Designation as an Eligible Telecommunications Carrier Pursuant to P.U.C. Substantive Rule §26.418
Notice of Application for Sale, Transfer, or Merger
Notice of Application for Service Provider Certificate of Operating Authority
Notice of Application to Amend Certificated Service Area Boundaries in Oldham County, Texas
Notice of Petition for Rulemaking
Public Notice of Workshop and Request for Comments on Rulemaking to Repeal P.U.C. Substantive Rules §25.53 and §26.51 and Adopting New Rule Relating to Emergency Operations Plan Under New Chapter 29
Stephen F. Austin State University
Notice of Consultant Contract Amendment
Texas A&M University System, Board of Regents
Notice of Sale of Oil, Gas, and Sulphur Lease
Texas Department of Transportation
Aviation Division - Request for Proposal for Aviation Engineering Services
Texas Youth Commission
Notice of Consultant Contract Award

End of Issue