Volume 20, Number 70 September 15, 1995 Pages 7235-7276 *****Office of the Governor***** Appointments Made August 17, 1995 Texas Lottery Commission.....7245 Governor's Drug Policy Advisory Board.....7245 Texas Funeral Commission.....7245 Appointments Made August 30, 1995 Texas State Board of Chiropractic Examiners.........7245 Texas Department of Transportation Motor Vehicle Board........7245 Texas Guaranteed Student Loan Corporation Board of Directors.....7245 Texas State Board of Physical Therapy Examiners.............7245 Appointments Made August 31, 1995 Texas Board of Professional Land Surveying........7245 Appointments Made September 1, 1995 Public Utility Commission of Texas.....7245 Proclamation.....7247 *****Emergency Sections***** Texas Department of Agriculture Boll Weevil Control 4 TAC sec.6.4.....7249 *****Proposed Sections***** Public Utility Commission of Texas Substantive Rules 16 TAC sec.23.57.....7251 Texas Department of Licensing and Regulation Nonagricultural Public Warehouses 16 TAC sec.sec.71.1, 71.10, 71.20-71.22, 71.40, 71.60, 71.70, 71.80, 71.81, 71.90.....7254 Texas State Board of Pharmacy Licensing Requirements for Pharmacists 22 TAC sec.283.9.....7255 Pharmacies 22 TAC sec.291.6.....7255 22 TAC sec.291.10.....7256 22 TAC sec.sec.291.111-291.115.....7256 Pharmacists 22 TAC sec.295.5.....7257 Texas State Board of Examiners of Perfusionists Perfusionists 22 TAC sec.sec.761.2, 761.7, 761.9, 761.10, 761.13, 761.20............7258 Texas Department of Mental Health and Mental Retardation System Administration 25 TAC sec.sec.401.301-401.308.....7259 25 TAC sec.401.462.....7260 Texas Department of Insurance Corporate and Financial Regulation 28 TAC sec.7.83.....7261 Texas Parks and Wildlife Department Law Enforcement 31 TAC sec.sec.55.41-55.47.....7261 Fisheries 31 TAC sec.57.801.....7262 Texas Water Development Board Investment Rules 31 TAC sec.365.12.....7263 31 TAC sec.365.21.....7263 31 TAC sec.365.35.....7263 Employees Retirement System Benefits 34 TAC sec.73.31.....7263 Texas Youth Commission Administration Provisions 37 TAC sec.sec.81.4, 81.13, 81.14, 81.20.....7264 Discipline and Control 37 TAC sec.sec.91.81, 91.83, 91.85, 91.87.....7267 Texas Department of Human Services Food Distribution and Processing 40 TAC sec.11.103.....7268 40 TAC sec.11.6009.....7269 Special Nutrition Programs 40 TAC sec.12.3.....7269 40 TAC sec.12.103.....7270 40 TAC sec.12.205.....7270 40 TAC sec.12.305, sec.12.312.....7270 40 TAC sec.12.405, sec.12.412.....7270 Intermediate Care Facilities for the Mentally Retarded (ICFs-MR) 40 TAC sec.sec.27.101, 27.103, 27.105.....7271 40 TAC sec.sec.27.201, 27.203, 27.205, 27.207, 27.209, 27.211, 27.213, 27.215, 27.217.....7271 40 TAC sec.sec.27.301, 27.303, 27.305, 27.307, 27.309..........7272 40 TAC sec.sec.27.401, 27.403, 27.405, 27.407, 27.409, 27.411, 27.413, 27.415, 27.419, 27.421.....7272 40 TAC sec.sec.27.501, 27.503, 27.505, 27.507, 27.509, 27.511, 27.513, 27.515, 27.517-27.519, 27.521, 27.523, 27.525, 27.527, 27.529, 27.531.....7272 40 TAC sec.sec.27.601, 27.603, 27.605, 27.607.....7273 40 TAC sec.sec.27.701, 27.703, 27.705, 27.707, 27.709, 27.711, 27.713, 27.715, 27.717, 27.719.....7273 Texas Department of Insurance Notifications Pursuant to the Texas Insurance Code, Chapter 5, Subchapter L.....7273 *****Withdrawn Sections***** Texas Department of Licensing and Regulation Auctioneers 16 TAC sec.67.84.....7275 Texas Board of Examiners in the Fitting and Dispensing of Hearing Aids Definitions and Procedures 22 TAC sec.sec.141.1-141.13, 141.15, 141.17-141.22, 141.24, 141.26-141.31, 141.35-141.38.....7275 Fitting and Dispensing of Hearing Instruments 22 TAC sec.sec.141.1-141.18.....7275 Consumer Information and Complaints 22 TAC sec.143.1.....7275 Continuing Education 22 TAC sec.145.1.....7275 Polygraph Examiners Board Code of Operating Procedure for Polygraph Examiners 22 TAC sec.395.10.....7275 Texas Natural Resource Conservation Commission Contested Case Hearings 30 TAC sec.265.46.....7275 Enforcement Rules 30 TAC sec.337.80.....7276 *****Adopted Sections***** Office of the Secretary of State Elections 1 TAC sec.sec.81.11-81.29.....7277 1 TAC sec.81.11.....7278 Texas Department of Licensing and Regulation Career Counseling Services 16 TAC sec.62.80.....7278 Employers of Certain Temporary Common Workers 16 TAC sec.64.80.....7278 Boiler Division 16 TAC sec.65.80.....7278 Registration of Property Tax Consultants 16 TAC sec.sec.66.10, 66.22, 66.65, 66.71, 66.82.....7279 Architectural Barriers 16 TAC sec.68.65, sec.68.80.....7279 Industrialized Housing and Buildings 16 TAC sec.70.80.....7279 Elevators, Escalators and Related Equipment 16 TAC sec.sec.74.10, 74.50, 74.65, 74.70, 74.80, 74.90, 74.100.....7279 Air Conditioning and Refrigeration Contractor License Law 16 TAC sec.sec.75.10, 75.21, 75.60, 75.100.....7280 16 TAC sec.75.65, sec.75.80.....7280 Texas Education Agency School Districts 19 TAC sec.61.61.....7280 Adaptations for Special Populations 19 TAC sec.89.113.....7281 Budgeting, Accounting, and Auditing 19 TAC sec.109.61.....7282 Texas Department of Insurance Corporate and Financial Regulation 28 TAC sec.7.1616.....7282 Small Employer Health Insurance Regulations 28 TAC sec.26.201.....7284 Texas Natural Resources Conservation Commission Introductory Provisions 30 TAC sec.sec.261.1-261.13.....7290 General Provisions 30 TAC sec.sec.261.1-261.19.....7291 30 TAC sec.261.30.....7293 General Rules 30 TAC sec.sec.263.1-263.37.....7299 Processing of Application, Evaluation of Request for Contested Case Hearing 30 TAC sec.sec.263.1-263.12.....7300 30 TAC sec.sec.263.21-263.28.....7302 30 TAC sec.263.40.....7304 Alternative Dispute Resolution 30 TAC sec.sec.264.2, 264.3, 264.5-264.8, 264.10, 264.20.....7305 Procedures Before Public Hearings 30 TAC sec.sec.265.1-265.9.....7318 Contested Case Hearings 30 TAC sec.265.1, sec.265.2.....7318 30 TAC sec.sec.265.10-265.20.....7319 30 TAC sec.sec.265.21-265.30.....7319 30 TAC sec.sec.265.21-265.24, 265.26-265.35.....7322 30 TAC sec.sec.265.36-265.49.....7322 30 TAC sec.sec.265.41-265.45, 265.47, 265.48.....7322 30 TAC sec.sec.265.50, 265.51, 265.53-265.55.....7323 30 TAC sec.sec.265.60-265.73.....7323 30 TAC sec.sec.265.81-265.88.....7325 30 TAC sec.sec.265.101-265.104, 265.106-265.113.....7327 30 TAC sec.sec.265.121-265.134.....7330 30 TAC sec.sec.265.141-265.145.....7337 30 TAC sec.sec.265.151-265.166.....7338 30 TAC sec.265.170.....7340 Procedures During Public Hearing 30 TAC sec.sec.267.1-267.26.....7340 Procedures After Public Hearings Before a Hearings Examiner 30 TAC sec.sec.269.1-269.11.....7347 Procedures After Public Hearing Before the Full Commission 30 TAC sec.271.1, sec.271.2.....7353 Procedures After Final Decision 30 TAC sec.sec.273.1-273.8.....7360 Enforcement Rules 30 TAC sec.sec.337.3, 337.4, 337.8, 337.9.....7372 30 TAC sec.337.4.....7374 30 TAC sec.sec.337.21, 337.24, 337.27, 337.28, 337.30-337.34, 337.36-337.45, 337.47, 337.48, 337.50-337.57.....7374 Texas Department of Human Services Medicaid Eligibility 40 TAC sec.15.215.....7377 40 TAC sec.15.605, sec.15.607.....7377 Family Violence Program 40 TAC sec.sec.54.101-54.104.....7378 40 TAC sec.sec.54.201-54.208.....7378 40 TAC sec.sec.54.301-54.312.....7378 40 TAC sec.sec.54.401-54.405.....7378 40 TAC sec.54.101.....7378 40 TAC sec.sec.54.201-54.207.....7379 40 TAC sec.sec.54.301-54.313.....7379 40 TAC sec.sec.54.401-54.414.....7379 40 TAC sec.sec.54.501-54.526.....7379 40 TAC sec.sec.54.601-54.610.....7379 40 TAC sec.sec.54.701-54.718.....7379 40 TAC sec.sec.54.801-54.813.....7379 Nurse Aides 40 TAC sec.sec.94.2, 94.5, 94.11.....7380 *****Tables and Graphics Sections***** Tables and Graphics.....7381 *****Open Meetings Sections***** State Office of Administrative Hearings.....7383 The State Bar of Texas.....7383 Texas Department of Criminal Justice.....7383 Texas Education Agency.....7384 Advisory Commission on State Emergency Communications.....7384 General Land Office.....7384 Office of the Governor.....7384 Texas Department of Health.....7384 Statewide Health Coordinating Council.....7385 Texas Department of Human Services.....7386 Texas Department of Insurance.....7386 Texas Department of Licensing and Regulation.....7387 Managed Health Care Advisory Committee.....7387 State Medical Education Board.....7387 Texas National Guard Armory Board.....7387 Texas Natural Resource Conservation Commission.....7387 Texas State Board of Perfusionists.....7388 Texas Department of Protective and Regulatory Services.....7388 Public Utility Commission of Texas.....7389 Railroad Commission of Texas.....7389 Texas Real Estate Commission.....7390 Sabine River Compact Commission.....7390 Texas Senate.....7390 Texas State Board of Social Worker Examiners.....7391 Texas State Soil and Water Conservation Board.....7391 Texas Guaranteed Student Loan Corporation.....7392 Teacher Retirement System of Texas.....7392 University of Houston System.....7393 On-Site Wastewater Treatment Research Council.....7393 Texas Workers' Compensation Commission.....7393 Texas Workers' Compensation Insurance Facility.....7393 Texas Workforce Commission.....7393 Regional Meetings.....7393 *****In Addition Sections***** Comptroller of Public Accounts Notice of Consultant Contract Award.....7397 Office of Consumer Credit Commissioner Notice of Rate Ceilings.....7397 Texas Education Agency Request for Proposals Concerning Support Services for Student Assessment, School Year 1995-1996 through School Year 1999-2000.....7397 Office of the Governor, Criminal Justice Division Request for Proposals, Statewide/Regional Grant Auditing.....7398 Texas Department of Housing and Community Affairs Request for Proposal (RFP) for Guaranteed Investment Contract (GIC) Broker for the Texas Department of Housing and Community Affairs.....7399 Houston-Galveston Area Council Audit Request for Proposal.....7401 Texas Department of Insurance Notices.....7401 Notice of Applications by Small Employer Carriers to be Risk-Assuming Carriers.....7402 Notices of Public Hearing.....7402 Third Party Administrator Applications.....7403 Texas Department of Mental Health and Mental Retardation Notice of Availability.....7403 Texas Natural Resource Conservation Commission Enforcement Order.....7404 Notice of Application for Municipal Solid Waste Management Facilities.....7404 Notice of Application for Permits to Appropriate Public Waters of the State of Texas.....7404 Notice of Application for Waste Disposal Permits.....7406 Notice of Opportunity to Comment on Permitting Actions.....7406 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions.....7407 Notice of State Implementation Plan Adoption.....7409 Provisionally-Issued Temporary Permits to Appropriate State Water.....7410 Public Notice.....7410 Request for Proposal.....7410 Texas State Occupational Information Coordinating Committee Request for Proposals.....7411 Texas Department of Protective and Regulatory Services Public Notice.....7413 Public Utility Commission of Texas Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.28.....7413 Notices of Intent to File Pursuant to Public Utility Commission Substantive Rule 23.94.....7414 Notice of Joint Petition for Extended Area Service (EAS) between the Rosewood, Pritchett, Bettie, Pine Acres, Mims, Harleton, and Ore City Exchanges and the Longview Exchange.....7414 Notice Seeking Public Comment on Changes to the Annual Earnings Reports and Related Filing Requirements.....7416 Public Notice.....7417 The Texas A&M University System, Board of Regents Notice of Sale of Oil, Gas, and Sulphur Lease.....7417 Texas Department of Transportation Request for Proposals.....7418 Request for Qualifications.....7419