Texas Register
Vol. 21 No. 51
July 12, 1996
Pages 6289-6546

*****ATTORNEY GENERAL*****
Office of the Attorney General
Request for Opinions.....6295
*****TEXAS ETHICS COMMISSION*****
Opinions.....6297
*****EMERGENCY RULES*****
Texas Natural Resource Conservation Commission 
Municipal Solid Waste 
30 TAC sec.330.860.....6299
Texas Department of Public Safety
Vehicle Inspection
37 TAC sec.23.93.....6300
PROPOSED RULES
Texas Department of Agriculture
Quarantines
4 TAC sec.sec.5.1-5.6.....6307
4 TAC sec.5.21-5.26.....6307
4 TAC sec.sec.5.41-5.46.....6308
4 TAC sec.5.51.....6308
4 TAC sec.sec.5.61-5.63, 5.65-5.70, 5.72-5.75.....6309
4 TAC sec.sec.5.81-5.87.....6310
4 TAC sec.sec.5.121-5.125.....6310
4 TAC sec.sec.5.131-5.135.....6311
4 TAC sec.sec.5.141-5.144.....6311
4 TAC sec.sec.5.151-5.156.....6312
4 TAC sec.sec.5.191-5.197.....6312
4 TAC sec.sec.5.300-5.303.....6313
4 TAC sec.sec.5.400-5.408 .....6313
Pesticides
4 TAC sec.sec.7.1, 7.3, 7.8, 7.10-7.16, 7.17-7.20. 7.22-7.26, 7.27-7.30, 
7.31.....6314
4 TAC sec.sec.7.10-7.16, 7.27-7.35.....6331
Plant Quality
4 TAC sec.sec.9.1, 9.2, 9.4-9.6.....6332
4 TAC sec.sec.9.10-9.14.....6332
4 TAC sec.9.40.....6333
Seed Quality
4 TAC sec.9.1.....6334
4 TAC sec.9.2, sec.9.3.....6334
4 TAC sec.9.4, sec.9.5.....6335
4 TAC sec.9.6, sec.9.7.....6336
4 TAC sec.9.12, sec.9.13.....6337
Citrus
4 TAC sec.sec.10.1-10.6.....6338
Seed Certification Standards
4 TAC sec.10.1-10.11.....6339
4 TAC sec.10.12.....6343
4 TAC sec.10.13.....6343
4 TAC sec.10.14.....6343
4 TAC sec.10.15.....6344
4 TAC sec.sec.10.16-10.22.....6344
4 TAC sec.sec.10.23-10.28.....6348
4 TAC sec.10.29, sec.10.30.....6349
4 TAC sec.10.31.....6353
Weights and Measures
4 TAC sec.12.1, sec.12.2.....6353
4 TAC sec.sec.12.10-12.12.....6354
4 TAC sec.12.20, sec.12.21.....6355
4 TAC sec.12.30.....6356
4 TAC sec.sec.12.40-12.43.....6356
4 TAC sec.sec.12.50-12.53.....6357
4 TAC sec.12.60, sec.12.61.....6359
4 TAC sec.sec.12.70-12.74.....6360
Grain Warehouse
4 TAC sec.sec.13.1-13.5.....6361
Apiary Equipment Brands
4 TAC sec.13.10.....6362
Agricultural Protective Act
4 TAC sec.sec.14.1-14.4.....6363
Consumer Services Division
4 TAC sec.sec.15.1-15.6, 15.8, 15.9, 15.11-15.13.....6364
4 TAC sec.sec.15.21, 15.22, 15.24, 15.25.....6364
4 TAC sec.15.23.....6365
4 TAC sec.sec.15.41-15.50, 15.53-15.56.....6365
4 TAC sec.sec.15.71-15.74, 15.77, 15.78.....6366
4 TAC sec.sec.15.141-15.146.....6367
4 TAC sec.sec.15.151-15.163.....6367
4 TAC sec.sec.15.171-15.183.....6368
4 TAC sec.15.200.....6368
Egg Law
4 TAC sec.sec.15.1-15.14.....6369
Aquaculture
4 TAC sec.sec.16.1-16.4.....6373
Marketing and Development Division
4 TAC sec.sec.17.51-17.56.....6374
4 TAC sec.sec.17.80-17.87.....6377
4 TAC sec.17.200.....6377
Seed Division
4 TAC sec.sec.19.1-19.14.....6378
Quarantines
4 TAC sec.sec.19.1-19.8.....6378
4 TAC sec.sec.19.20-19.23.....6380
4 TAC sec.sec.19.30-19.33.....6380
4 TAC sec.sec.19.40-19.43.....6381
4 TAC sec.sec.19.50-19.53.....6382
4 TAC sec.sec.19.60-19.63.....6383
4 TAC sec.sec.19.70-19.73.....6384
4 TAC sec.19.80, sec.19.81.....6385
4 TAC sec.19.90, sec.19.91.....6385
4 TAC sec.sec.19.100-19.103.....6386
4 TAC sec.sec.19.110-19.113.....6387
4 TAC sec.sec.19.120-19.123.....6388
4 TAC sec.sec.19.130-19.133.....6389
4 TAC sec.sec.19.140-19.143.....6391
Seed Certification Standards
4 TAC sec.sec.21.1-21.14.....6392
4 TAC sec.21.21.....6392
4 TAC sec.21.31.....6392
4 TAC sec.21.41.....6393
4 TAC sec.21.51.....6393
4 TAC sec.sec.21.61-21.68.....6393
4 TAC sec.sec.21.81-21.87.....6394
4 TAC sec.sec.21.101-21.106.....6394
4 TAC sec.sec.21.121-21.123.....6394
Citrus
4 TAC sec.sec.21.1-21.8.....6395
Family Farm and Ranch Security Program
4 TAC sec.sec.23.1-23.6.....6397
4 TAC sec.sec.23.11-23.13.....6397
4 TAC sec.sec.23.21-23.29.....6397
4 TAC sec.sec.23.41-23.47.....6397
4 TAC sec.sec.23.61-23.63.....6398
4 TAC sec.sec.23.71-23.73.....6398
4 TAC sec.23.81, sec.23.82.....6398
4 TAC sec.sec.23.91-23.102.....6398
Aquaculture Regulations
4 TAC sec.27.1, 27.4, 27.5, 27.7, 27.22, 27.150.....6399
Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist
Commercial Fertilizer Rules
4 TAC sec.65.1.....6399
4 TAC sec.65.11.....6400
4 TAC sec.65.22.....6401
4 TAC sec.65.26.....6401
4 TAC sec.65.30.....6402
Railroad Commission of Texas
Administration
16 TAC sec.20.5.....6403
Public Utility Commission of Texas 
Substantive Rules
16 TAC sec.23.67.....6403
16 TAC sec.23.102.....6405
Texas State Board of Medical Examiners
Licensure
22 TAC sec.sec.163.1, 163.6, 163.8.....6407
Texas Real Estate Commission
Professional Agreements and Standard Contracts 
22 TAC sec.sec.537.11, 537.45.....6408
Texas Natural Resource Conservation Commission 
Exemptions From Permitting 
30 TAC sec.sec.106.1-106.6.....6410
30 TAC sec.106.21.....6412
30 TAC sec.106.102.....6412
Texas Water Development Board
State Water Pollution Control Revolving Fund 
31 TAC 375.52.....6413
Employees Retirement System
Insurance 
sec.sec.81.1, 81.7, 81.11 .....6414
Texas Department of Public Safety
Organization and Administration 
37 TAC sec.1.130.....6419
Texas Department of Human Services
Income Assistance Services
40 TAC sec.sec.3.3906, 3.3908-3.3911.....6420
40 TAC sec.3.301.....6421
*****WITHDRAWN RULES*****
Texas Department of Insurance
Property and Casualty Insurance
28 TAC sec.sec.5.10001-5.10015.....6423
*****ADOPTED RULES*****
Texas Department of Housing and Community Affairs 
Low Income Tax Credit Rules - 1996
10 TAC sec.sec.49.1-49.15.....6429
Public Utility Commission of Texas
Substantive Rules
16 TAC sec.23.3.....6454
16 TAC sec.23.21.....6455
16 TAC sec.23.23.....6456
16 TAC sec.23.61.....6457
Texas State Board of Registration for Professional Engineers
Practice and Procedure 
22 TAC sec.131.54, sec.131.56.....6459
22 TAC sec.131.92 .....6459
22 TAC sec.131.101.....6459
22 TAC sec.131.133.....6460
Texas Youth Commission
Admission and Placement
37 TAC sec.85.21.....6460
*****TABLES AND GRAPHICS*****
Tables and Graphics.....6465
*****OPEN MEETINGS*****
State Office of Administrative Hearings
Monday, August 26, 1996, 9:00 a.m......6495
Monday, September 23, 1996, 10:00 a.m......6495
Texas Aerospace Commission
Monday, July 8, 1996, 9:00 a.m......6495
Texas Department on Aging
Friday, July 12, 1996, 9:30 a.m......6495
Texas Department of Agriculture
Thursday, July 11, 1996, 12 noon.....6496
Wednesday, July 17, 1996, 2:00 p.m......6496
Texas Commission on Alcohol and Drug Abuse (TCADA)
Friday, July 12, 1996, 11:00 a.m......6496
Friday, July 12, 1996, 11:00 a.m......6496
Automobile Theft Prevention Authority 
Tuesday, July 15, 1996, 8:30 a.m., Wednesday, July 16, 1996, 8:30 a.m. .....6497
The State Bar of Texas
Tuesday, July 9, 1996 8:30 a.m......6497
Texas Bond Review Board
Tuesday, July 9, 1996, 10:00 a.m......6497
Texas Catastrophe Property Insurance Association
Friday, July 19, 1996, 8:30 a.m......6497
Texas Board of Chiropractic Examiners
Friday, July 12, 1996, 9:00 a.m......6498
Friday, July 12, 1996, 9:00 a.m......6498
Friday, July 12, 1996, 9:00 a.m......6498
Friday, July 12, 1996, 10:30 a.m......6498
Friday, July 12, 1996, 10:30 a.m......6498
Friday, July 12, 1996, 1:30 p.m......6498
Friday, July 12, 1996, 1:30 p.m......6499
Coastal Coordination Council
Friday, July 12, 1996, 8:30 a.m......6499
Texas Cosmetology Commission
Monday, July 15, 1996, 10:00 a.m......6500
Credit Union Department
Friday, July 11, 1996, 2:00 p.m......6500
Friday, July 11, 1996, 2:00 p.m......6500
Texas Department of Criminal Justice 
Thursday, July 11, 1996, 8:00 a.m......6500
Thursday, July 11, 1996, 2:00 p.m......6501
Thursday, July 11, 1996, 4:00 p.m......6501
Thursday, July 11, 1996, 3:00 p.m......6501
Thursday, July 11, 1996, 8:30 a.m......6501
Thursday, July 11, 1996, 3:30 p.m......6502
Thursday, July 11, 1996, 8:00 a.m......6502
Texas Commission for the Deaf and Hard of Hearing
Friday, July 19, 1996, 9:00 a.m......6502
Friday, July 19, 1996, 9:00 a.m......6502
State Board of Dental Examiners
July 12, 13, 1996, 8:00 a.m. until conclusion each day.....6503
Texas Education Agency (TEA)
Thursday, July 11, 1996, 9:00 a.m......6503
Thursday, July 11, 1996, 10:00 a.m......6503
Thursday, July 11, 1996, 10:00 a.m......6504
Thursday, July 11, 1996, 1:00 p.m......6504
Thursday, July 11, 1996, 1:00 p.m......6504
Thursday, July 11, 1996, 1:00 p.m......6504
Thursday, July 11, 1996, 1:00 p.m......6504
Thursday, July 11, 1996, 1:00 p.m......6504
Friday, July 12, 1996, 9:00 a.m......6505
Monday, July 15, 1996, 8:30 a.m......6505
Advisory Commission on State Emergency Communications
Tuesday, July 9, 1996, 9:00 a.m......6505
Tuesday, July 9, 1996, 10:00 a.m......6505
Tuesday, July 9, 1996, 1:00 p.m......6506
Wednesday, July 10, 1996, 8:00 a.m......6506
Wednesday, July 10, 1996, 8:00 a.m......6506
State Employee Charitable Campaign
July 15, 1996, 3:00 p.m......6506
July 16, 1996, 3:00 p.m......6507
Wednesday, July 24, 1996, 4:30 p.m......6507
Texas Ethics Commission
Thursday, July 11, 1996 5:00 p.m......6507
Friday, July 12, 1996 9:30 p.m......6507
Texas Commission on Fire Protection
Wednesday, July 17, 1:00 p.m., Thursday, July 18, & 19, 1996, 9:00 a.m. 
.....6507
Office of the Governor
Thursday, July 11, 1996, 3:00 p.m......6508
Texas Department of Health
Wednesday, July 10, 1996 10:30 a.m......6508
Texas Health and Human Services Commission 
Friday, July 12, 1996, 9:30 a.m......6508
Texas HMO Solvency Surveillance Committee 
Friday, July 19, 1996, 9:00 a.m......6508
Texas Department of Human Services
Thursday, July 11, 1996, 10:00 a.m......6508
Friday, July 12, 1996, 10:00 a.m......6509
Department of Information Resource
Thursday, July 18, 1996, 9:30 a.m......6509
Texas Department of Insurance
Thursday, July 18, 1996, 2:00 p.m......6509
Thursday, July 18, 1996, 2:00 p.m......6509
Monday, July 22, 1996, 9:00 a.m......6509
Monday, July 22, 1996, 1:00 p.m......6510
Tuesday, July 23, 1996, 9:00 a.m......6510
Tuesday, July 23, 1996, 9:00 a.m......6510
Friday, July 26, 1996, 1:00 p.m......6510
Friday, July 26, 1996, 2:00 p.m......6510
Texas Department of Licensing & Regulation 
Friday, July 12, 1996, 9:00 a.m......6510
Friday, July 12, 1996, 10:00 a.m......6510
Friday, July 12, 1996, 10:00 a.m......6511
Texas Lottery Commission
Wednesday, July 10, 1996, 9:30 a.m......6511
Texas State Board of Medical Examiners 
Tuesday July 2, 1996 3:00 p.m......6511
Texas Natural Resource Conservation Commission 
Wednesday, July 10, 1996, at 9:30 a.m......6511
Thursday, July 11, 1996, at 1:30 p.m......6512
Friday, July 19, 1996, 10:00 a.m......6512
Friday, July 19, 1996, 10:00 a.m......6512
Friday, July 19, 1996, 10:00 a.m......6512
Friday, July 19, 1996, 10:00 a.m......6513
Tuesday, July 23, 1996, 10:00 a.m......6513
Wednesday, July 30, 1996, 7:00 p.m......6513
Monday, August 5, 1996, 10:00 a.m......6513
Texas Parks and Wildlife Department
Wednesday, July 10, 1996, 2:00 p.m......6514
Wednesday, July 10, 1996, 6:31 p.m......6514
Thursday, July 11, 1996, 9:00 a.m......6514
Thursday, July 11, 1996, 9:00 a.m......6514
Texas Board of Physical Therapy Examiners 
Saturday July 13, 1996 9:00 a.m......6514
Texas State Board of Plumbing Examiners 
Saturday, July 13, 1996 9:00 a.m......6515
Texas State Board of Public Accountancy 
Wednesday, July 17, 1996, 9:00 a.m......6515
Thursday, July 18, 1996, 9:00 a.m......6515
Texas Department of Public Safety
Friday, July 12, 1996, 9:00 a.m......6515
Public Utility Commission of Texas
Monday, July 22, 1996, 9:00 a.m......6515
Monday, July 22, 1996, 9:00 a.m......6516
Thursday, July 25, 1996, 9:00 a.m......6516
Wednesday, July 10, 1996, 1:00 p.m......6516
Thursday, July 25, 1996, 9:00 a.m......6516
Railroad Commission of Texas
Tuesday, July 9, 1996, 9:30 a.m......6517
Tuesday, July 16, 1996, 9:30 a.m......6517
Thusday, July 25, 1996, 9:30 a.m......6517
Texas Residential Property Insurance Market Assistance Program
Thursday, July 18, 1996, 9:30 a.m......6517
Texas Savings and Loan Department
Friday, July 19, 1996, 11:00 a.m......6517
Thursday, July 25, 1996, 9:00 a.m......6517
Thursday, July 25, 1996, 9:00 a.m......6518
Wednesday, July 31, 1996, 9:00 a.m......6518
Thursday, August 1, 1996, 9:00 a.m......6518
Council on Sex Offenders Treatment
Wednesday, July 17, 1996, 3:30 p.m......6518
Stephen F. Austin State University
Monday, July 8, 1996, 10:00 a.m......6518
Monday, July 8, 1996, 10:30 a.m......6519
Monday, July 8, 1996, 11:15 a.m......6519
Monday, July 8, 1996, 1:30 p.m......6519
Tuesday, July 9, 1996, 9:00 a.m......6519
Tuesday, July 9, 1996, 9:00 a.m......6520
Telecommunications Infrastructure Fund Board
Friday, July 12, 1996, 10:00 a.m......6520
Texas State Technical College System
Tuesday, July 16, 1996, 10:00 a.m......6520
Tuesday, July 16, 1996, 10:00 a.m......6520
Texas Worker's Compensation Committee
Thursday, July 11, 1996, 9:30 a.m......6520
Regional Meetings
Meetings Filed July 1, 1996.....6521
Meetings Filed July 2, 1996.....6521
Meetings Filed July 3, 1996.....6522
Meetings Filed July 5, 1996.....6523
Meetings Filed July 8, 1996.....6524
*****IN ADDITION*****
Office of the Consumer Credit Commissioner
Notice of Rate Ceiling.....6527
Texas Department of Criminal Justice 
Request for Qualifications.....6527
Texas Education Agency 
Request for Proposals Concerning Collecting and Reporting Information to the 
Texas Education Agency in Monitoring Publicly Funded Special Education 
Programs.....6528
General Services Commission
Housing Partnership Program Notice of Request for Proposal.....6528
Texas Department of Health
Notice of Intent to Revoke Certificates of Registration.....6530
Licensing Actions for Radioactive Materials .....6531
Texas Department of Housing and Community Affairs
Notice of 1996 Tax Credit Allocation Round.....6539
Texas State Affordable Housing Corporation
Request for Proposal for Property Management Services.....6539
Request for Proposal (RFP) for Sub-Servicing .....6539
Texas Department of Human Services
Public Notice of Closed Solicitation.....6540
Public Notice of Open Solicitation.....6540
Texas Department of Insurance
Insurer Services .....6540
Notice of Public Hearings.....6541
Texas National Guard Armory Board
Request for Proposal for Professional Services Auditing.....6541
Texas Natural Resource Conservation Commission 
Public Hearing Notice on Proposed 30 TAC Chapter 238 .....6542
Public Hearing Notice on (Chapter 106) .....6542
Public Utility Commission of Texas
Notices of Intent to File Pursuant to Substantive Rule sec.23.27.....6543
Notices of Intent to File Pursuant to Public Utility Commission Substantive 
Rules sec.23.27.....6543
Notice of Intent to File Pursuant to Substantive Rule sec.23.94.....6544
Public Notice.....6544
Texas Low Level Radioactive Waste Disposal Authority 
Consultant Proposal Requests.....6544
Texas Water Development Board
Applications Received.....6546