Texas Register
Vol. 22 No. 8
January 31, 1997
Pages 993-1278

****ATTORNEY GENERAL****
Request for Opinions.....997
****TEXAS ETHICS COMMISSION****
Ethics Advisory Opinions.....999
****EMERGENCY RULES****
Texas Department of Health
Hospital Licensing
25 TAC sec.133.52.....1001
Private Psychiatric Hospitals and Crisis Stabilization Units
25 TAC sec.134.22.....1002
****PROPOSED RULES****
State Securities Board
Rules of Practice in Contested Cases
7 TAC sec.sec.105.1-105.10.....1005
7 TAC sec.sec.105.1-105.19.....1006
Terminology
7 TAC sec.107.2.....1009
Transactions Exempt From Registration
7 TAC sec.109.13.....1011
Registration of Securities
7 TAC sec.113.2, sec.113.12.....1012
Federal Covered Securities
7 TAC sec.sec.114.1-114.4.....1012
Dealers and Salesmen
7 TAC sec.sec.115.1-115.7.....1015
Administrative Guidelines for Registration of Open-End Investment Companies
7 TAC sec.123.1, sec.123.2.....1020
7 TAC sec.123.3.....1021
Forms
7 TAC sec.133.2.....1023
7 TAC sec.133.26, sec.133.27.....1024
7 TAC sec.133.33.....1025
Administrative Guidelines for Regulation of Offers 
7 TAC sec.137.1.....1025
Railroad Commission of Texas
Oil and Gas Division
16 TAC sec.3.38.....1026
Public Utility Commission
Substantive Rules
16 TAC sec.23.38.....1027
16 TAC sec.23.104, sec.23.105.....1030
Texas Racing Commission
General Provisions
16 TAC sec.303.92.....1034
Conduct and Duties of Individuals
16 TAC sec.311.208.....1037
 Veterinary Practices and Drug Testing.
16 TAC sec.319.7 .....1037
Texas State Board of Medical Examiners
Telemedicine
22 TAC sec.174.3.....1038
Standing Delegation Orders
22 TAC sec.193.7.....1039
Non-Certified Radiologic Technicians
22 TAC sec.sec.194.1-194.12.....1039
Texas Department of Health
Hospital Licensing
25 TAC sec.133.52.....1050
Private Psychiatric Hospitals and Crisis Stabilization Units
25 TAC sec.134.22.....1051
Texas Natural Resource Conservation Commission 
Transfers of Permits, Licenses, and Other Authorizations 
30 TAC sec.sec.32.1, 32.3, 32.5, 32.7, 32.9, 32.11, 32.13, 32.15 .....1053
30 TAC sec.sec.32.51, 32.53, 32.55, 32.57, 32.59 .....1055
30 TAC sec.32.75, sec.32.77 .....1056
30 TAC sec.32.101, sec.32.103 .....1056
30 TAC sec.32.125, sec.32.127 .....1057
30 TAC sec.sec.32.151, 32.153, 32.155, 32.157 .....1058
30 TAC sec.32.175, sec.32.177 .....1059
30 TAC sec.sec.32.201, 32.203, 32.205 .....1060
Public Notice
30 TAC sec.sec.39.1, 39.5, 39.11, 39.13, 39.17 .....1060
30 TAC sec.sec.39.301, 39.303, 39.305, 39.307, 39.309, 39.311.....1063
Enforcement 
30 TAC sec.70.121.....1064
General Rules
30 TAC sec.sec.101.1, 101.6, 101.7, 101.11.....1065
30 TAC sec.101.6, sec.101.7 .....1070
Control of Air Pollution by Permits for New Construction or Modification 
30 TAC sec.116.110 .....1070
Water Rates 
30 TAC sec.291.109.....1071
30 TAC sec.sec.291.110, 291.112, 291.115 .....1072
Water Districts 
30 TAC sec.293.13.....1074
Water Rights, Substantive 
30 TAC sec.sec.297.81-297.83.....1075
Operation of the Rio Grande 
30 TAC sec.303.41.....1076
Watermaster Operations 
30 TAC sec.304.43 .....1077
Consolidated Permits 
30 TAC sec.305.61, sec.305.69 .....1078
30 TAC sec.305.64.....1079
30 TAC sec.305.97.....1080
Sludge Use, Disposal, and Transportation 
30 TAC sec.312.10, sec.312.11.....1080
Control of Certain Activities by Rule 
30 TAC sec.321.34.....1082
30 TAC sec.321.183, sec.321.184.....1083
Municipal Solid Waste 
30 TAC sec.330.63.....1084
30 TAC sec.sec.330.812, 330.835, 330.843, 330.852, 330.855.....1084
Texas Workforce Commission
Local Workforce Development Boards
40 TAC sec.801.2.....1089
****WITHDRAWN RULES****
State Securities Board
Registration of Securities
7 TAC sec.113.12.....1093
Texas Motor Vehicle Commission
General Rules
16 TAC sec.103.4.....1093
Texas Racing Commission
Veterinary Practices and Drug Testing
16 TAC sec.319.7.....1093
16 TAC sec.319.7.....1093
Texas State Board of Medical Examiners
Telemedicine
22 TAC sec.174.3.....1093
Edwards Aquifer Authority
Filing and Processing of Permit Applications 
31 TAC sec.701.51.....1094
Interim Critical Period Management Rules
31 TAC sec.721.34.....1094
****ADOPTED RULES****
Office of the Secretary of State
Automobile Club
1 TAC sec.75.2.....1099
1 TAC sec.sec.75.11-75.13.....1099
1 TAC sec.sec.75.31, 75.33, 75.34.....1099
State Securities Board
Administrative Guidelines for Registration of Asset-Backed Securities
7 TAC sec.sec.129.1-129.9.....1100
Texas Funeral Service Commission
Licensing and Enforcement - Specific Substantive Rules 
22 TAC sec.sec.203.4, 203.6, 203.15, 203.17, 203.30, 203.32.....1102
Texas Department of Mental Health and Mental Retardation 
Medicaid Programs
25 TAC sec.409.374.....1103
Texas Natural Resource Conservation Commission 
Use of Reclaimed Water
30 TAC sec.sec.210.1-210.9.....1103
30 TAC sec.sec.210.21-210.25.....1111
30 TAC sec.sec.210.31-210.36.....1113
30 TAC sec.sec.210.41-210.46.....1113
Applications Processing
30 TAC sec.281.22 .....1113
On-Site Sewage Facilities
30 TAC sec.285.1-285.7.....1145
30 TAC sec.285.10, sec.285.11.....1150
30 TAC sec.sec.285.11-285.18.....1152
30 TAC sec.285.20, sec.285.21.....1152
30 TAC sec.sec.285.30-285.36, 285.39.....1152
30 TAC sec.285.40.....1162
30 TAC sec.sec.285.50-285.63.....1163
30 TAC sec.sec.285.51-285.63.....1167
30 TAC sec.285.70.....1167
30 TAC sec.285.80.....1167
30 TAC sec.285.90, sec.285.91.....1167
30 TAC sec.sec.285.101-285.109.....1168
Consolidated Permits
30 TAC sec.305.29, sec.305.30 .....1169
30 TAC sec.305.62, sec.305.72 .....1169
30 TAC sec.305.125, sec.305.127 .....1169
30 TAC sec.sec.305.151, 305.152, 305.154.....1171
Use of Reclaimed Water
30 TAC sec.sec.310.1-310.18.....1171
Texas Water Development Board
Financial Assistance Programs
31 TAC sec.363.505.....1171
Texas Department of Public Safety
Capitol Police
4 TAC sec.sec.4.1, 4.6, 4.10.....1172
37 TAC sec.sec.4.31, 4.32, 4.34-4.36, 4.39-4.43, 4.46.....1172
Texas Department of Human Services
Medicaid Eligibility
40 TAC sec.15.502.....1173
****EXEMPT FILINGS****
Proposed.....1175
PROPOSED.....1176
****TABLES AND GRAPHICS****
Tables and Graphics.....1183
****OPEN MEETINGS****
State Office of Administrative Hearings
Tuesday, January 28, 1997, 9:00 a.m......1215
Wednesday, January 29, 1997, 9:00 a.m......1215
Monday, February 3, 1997, 9:00 a.m......1215
Monday, February 10, 1997, 9:00 a.m......1215
Texas Department of Agriculture
Monday, January 27, 1997, 1:00 p.m......1216
Monday, February 3, 1997, 9:00 a.m......1216
Texas Alcoholic Beverage Commission
Tuesday, February 4, 1997, 1:30 p.m......1216
Texas Alternative Fuels Council
Thursday, January 29, 1997, 4:00 p.m......1216
Texas Appraiser Licensing and Certification Board
Thursday, February 20, 1997, 3:00 p.m......1217
Texas Board of Architectural Examiners 
Thursday, January 30, 1997, 8:30 a.m......1217
Thursday, January 30, 1997, 9:45 a.m......1217
Thursday, January 30, 1997, 1:30 p.m......1217
Thursday, January 30, 1997, 3:15 p.m......1218
Friday, January 31, 1997, 8:30 a.m......1218
State Board of Barber Examiners
Tuesday, February 7, 1997, 9:00 a.m......1218
Texas Cancer Council
Tuesday, February 4, 1997, 5:00 p.m......1218
Wednesday, February 5, 1997, 8:00 a.m......1219
Wednesday, February 5, 1997, 9:30 a.m......1219
Texas Board of Chiropractic Examiners 
Tuesday, January 28, 1997.....1219
Texas Department of Commerce
Thursday, January 30, 1997, 1:45 p.m......1219
Thursday, January 30, 1997, 1:45 p.m......1219
Thursday, February 6, 1997, 10:00 a.m......1220
Community Nutritional Task Force
Wednesday, February 5, 1997, 10:00 a.m......1220
Comptroller of Public Accounts
Friday, January 31, 1997, 9:30 a.m......1220
Texas Court Reporters Certification Board 
Thursday, January 30, 1997, 6:00 p.m......1220
Saturday, February 1, 1997, 9:00 a.m......1221
Texas Department of Criminal Justice 
Tuesday, February 4, 1997, 10:00 a.m......1221
State Board of Dental Examiners
Friday, January 31, 1997, 8:30 a.m......1221
Saturday, February 1, 1997, 8:30 a.m......1222
Texas Office for Prevention of Developmental Disabilities
Wednesday, January 29, 1997, 3:00 p.m......1222
Texas Diabetes Council
Thursday, January 30, 1997, 10:00 a.m......1222
Thursday, January 30, 1997, 1:00 p.m......1222
Friday, January 31, 1997, 8:30 a.m......1223
State Board for Educator Certification 
Friday, February 7, 1997, 9:00 a.m......1223
State Employee Charitable Campaign
Monday, February 5, 1997, 1:30 p.m......1223
Governor's Office
Friday, January 31, 1997, 9:00 a.m......1223
Texas Growth Fund
Thursday, January 30, 1997, 10:30 a.m......1224
Thursday, January 30, 1997, 10:30 a.m......1224
Texas Statewide Health Coordinating Council
Wednesday, January 29, 1997, 8:30 a.m......1224
Wednesday, January 29, 1997, 11:15 a.m......1224
Wednesday, January 29, 1997, 5:00 p.m......1224
Texas Department of Health
Friday, February 7, 1997, 9:30 a.m......1225
Texas Health Care Information Council (THCIC)
Monday, January 27, 1997, 8:30 a.m......1225
Texas Historical Commission
Wednesday, January 29, 1997, 2:30 p.m......1225
Wednesday, January 29, 1997, 2:30 p.m......1225
Wednesday, January 29, 1997, 3:30 p.m......1226
Thursday, January 30, 1997, 8:30 a.m......1226
Thursday, January 30, 1997, 8:30 a.m......1226
Thursday, January 30, 1997, 10:30 a.m......1226
Saturday, February 8, 1997, 9:00 a.m......1226
Texas Department of Housing and Community Affairs
Tuesday, February 18, 1997, 1:30 p.m......1227
Texas Incentive and Productivity Commission 
Thursday, January 30, 1997, 10:00 a.m......1227
Texas Department of Insurance
Monday, February 3, 1997, 9:00 a.m......1227
Monday, February 3, 1997, 9:00 a.m......1227
Wednesday, February 5, 1997, 9:00 a.m......1227
Tuesday, February 11, 1997, 1:00 p.m......1227
Wednesday, February 12, 1997, 9:00 a.m......1228
Thursday, February 13, 1997, 1:00 p.m......1228
Tuesday, February 18, 1997, 9:00 a.m......1228
Tuesday, February 18, 1997, 1:00 p.m......1228
Wednesday, February 19, 1997, 9:00 a.m......1228
Thursday, February 20, 1997, 9:00 a.m......1228
Commission on Jail Standards
Friday, January 31, 1997, 8:30 a.m......1228
Friday, January 31, 1997, 9:00 a.m......1229
Texas Department of Licensing and Regulation 
Tuesday, January 28, 1997, 9:00 a.m......1229
Monday, February 3, 1997, 9:00 a.m......1229
Tuesday, February 4, 1997, 9:00 a.m......1229
Wednesday, February 5, 1997, 9:00 a.m......1229
Texas Lottery Commission
Friday, January 31, 1997, 10:00 a.m......1230
Texas State Board of Examiners of Marriage and Family Therapists
Tuesday, January 28, 1997, 1:00 p.m......1230
Wednesday, January 29, 1997, 9:00 a.m......1230
Wednesday, January 29, 1997, 10:00 a.m......1230
Wednesday, January 29, 1997, 11:00 a.m......1231
Wednesday, January 29, 1997, 1:30 p.m......1231
Texas State Board of Medical Examiners 
Monday, January 27, 1997, 8:30 a.m......1231
Monday, January 27, 1997, 9:30 a.m......1231
Monday, January 27, 1997, 1:00 p.m......1232
Monday, January 27, 1997, 2:00 p.m......1232
Monday, January 27, 1997, 2:30 p.m......1232
Texas Mental Health and Mental Retardation Board
Wednesday, January 29, 1997- 9:00 a.m......1232
Wednesday, January 29, 1997- 11:00 a.m......1233
Wednesday, January 29, 1997- 1:30 p.m......1233
Thursday, January 30, 1997- 9:00 a.m......1233
Thursday, January 30, 1997- 9:30 a.m......1233
Texas Natural Resource Conservation Commission 
Wednesday, January 29, 1997, 9:30 a.m......1234
Tuesday, February 4, 1997, 10:00 a.m......1234
Tuesday, February 4, 1997, 10:00 a.m......1234
Thursday, February 6, 1997, 1:30 p.m......1234
Wednesday, April 16, 1997, 9:30 a.m......1235
Board of Nurse Examiners
Friday, January 23, 1997, 6:30 p.m......1235
Saturday, January 24, 1997, 8:00 a.m......1235
Texas Board of Occupational Therapy Examiners 
Monday, February 3, 1997, 9:30 a.m......1235
Texas Council on Offenders with Mental Impairments
Friday, January 31, 1997, 8:30 a.m......1236
Friday, January 31, 1997, 10:30 a.m......1236
Friday, January 31, 1997, 1:30 p.m......1236
Texas Parks and Wildlife Department
Thursday, January 23, 1997, 9:00 a.m......1236
Thursday, January 23, 1997, 9:00 a.m......1237
Texas State Board of Plumbing Examiners 
Tuesday, February 11, 1997, 9:30 a.m......1237
Texas State Board of Examiners of Professional Counselors
Saturday, February 1, 1997, 1:00 p.m......1237
Texas State Board of Examiners of Psychologists 
Thursday, February 13-14, 1997, 8:30 a.m......1237
Public Utility Commission of Texas
Friday, January 31, 1997, 1:00 p.m., rescheduled from Wednesday, January 29, 
1997, 1:00 p.m......1237
Monday, February 10, 1997, 9:00 a.m......1238
Monday, February 10, 1997, 9:00 a.m......1238
Monday, February 10, 1997, 9:00 a.m......1238
Monday, February 10, 1997, 9:00 a.m......1238
Texas Public Finance Authority
Friday, January 31, 1997, 10:30 a.m......1239
Texas Racing Commission
Friday, January 31, 1997, 1:30 p.m......1239
Railroad Commission of Texas
Tuesday, January 28, 1997, 9:30 a.m......1239
Tuesday, Febuary 4, 1997, 9:30 a.m......1239
Tuesday, February 4, 1997, 9:30 a.m......1239
Council on Sex Offender Treatment
Friday, February 7, 1997, 10:00 a.m......1239
Texas State Soil and Water Conservation Board
Friday, January 24, 1997, 11:00 a.m......1240
Texas Southern University
Thursday, February 6, 1997, 9:00 a.m......1240
Thursday, February 6, 1997, 10:30 a.m......1240
Thursday, February 6, 1997, 12:00 p.m......1240
Thursday, February 6, 1997, 1:30 p.m......1240
Thursday, February 6, 1997, 2:00 p.m......1240
Thursday, February 6, 1997, 3:00 p.m......1241
Friday, February 7, 1997, 8:30 a.m......1241
Stephen F. Austin State University
Monday, January 27, 1997, 9:00 a.m......1241
Monday, January 27, 1997, 1:30 p.m......1241
Tuesday, January 28, 1997, 9:00 a.m......1241
Teacher Retirement System of Texas
Thursday, January 30, 1997, 12:30 p.m......1242
The Texas A&M University System
Thursday, January 23, 1997, 1:00 p.m., Reconvene January 24, 1997, 9:00 
a.m......1242
Thursday, January 23, 1997, 1:30 p.m......1243
Thursday, January 23, 1997, 2:30 p.m......1243
Thursday, January 23, 1997, 3:30 p.m......1243
Friday, January 24, 1997, 11:00 a.m......1243
Texas State Technical College System 
Friday, January 31, 1997, 10:05 a.m......1243
Friday, January 31, 1997, 12:00 noon.....1244
Friday, January 31, 1997, 12:05 p.m......1244
Friday, January 31, 1997, 10:05 a.m......1244
Saturday, February 1, 1997, 8:00 a.m......1244
Saturday, February 1, 1997, 8:05 a.m......1244
Texas Department of Transportation
Thursday, January 30, 1997, 9:00 a.m......1245
The University of Texas Health Center at Tyler
Thursday, February 6, 1997, noon.....1245
University Interscholastic League
Wednesday, January 22, 1997, 9:00 a.m......1245
The University of Texas at Austin
Thursday, January 23, 1997, 3:30 p.m......1245
Friday, January 31, 1997, 1:00 p.m......1245
University of Houston
Monday, January 27, 1997, 2:00 p.m......1246
University of Houston System
Tuesday, January 28, 1997, 10:00 a.m......1246
Wednesday, January 29, 1997, 8:00 a.m......1246
Thursday, January 30, 1997, 10:00 a.m......1246
Thursday, January 30, 1997, 11:00 a.m......1246
Texas Board of Veterinary Medical Examiners 
Wednesday and Thursday, January 29-30, 1997, 8:30 a.m......1247
Texas Workers' Compensation Insurance Fund
Tuesday, January 28, 1997, 5:00 p.m......1247
Tuesday, January 28, 1997, 8:00 p.m......1247
Wednesday, January 29, 1997, 2:00 p.m......1247
Thursday, January 30, 1997, 2:00 p.m......1247
Texas Workforce Commission
Thursday, January 30, 1997, 9:00 a.m......1248
Regional Meetings
****IN ADDITION****
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program.....1253
Office of the Consumer Credit Commissioner 
Notice of Rate Ceiling.....1253
Notice of Rate Ceiling.....1254
Deep East Texas Council of Governments
Requests for Proposal.....1254
Deep East Texas Workforce Development Board
Request for Proposal.....1255
Region 10 Education Service Center
Request for Applications: Education for Children and Youth Experiencing 
Homelessness, School Year 1997-1998 .....1255
Texas Department of Health
Licensing Action for Radioactive Materials.....1256
Notice of Intent to Revoke Certificates of Registration.....1258
Notice of Intent to Revoke Radioactive Material Licenses.....1258
Notice of Public Hearing for Midwifery Rules.....1259
Notice of Request for Proposal for Emergency Medical Services (EMS) Local 
projects Grant Program.....1259
Texas Department of Housing and Community Affairs
Notice of Public Hearing .....1260
Department of Information Resources
Notice of Contract Award.....1261
Texas Department of Insurance
Correction of Errors.....1261
Insurer Services.....1261
Insurer Services.....1261
Notice of Public Hearing.....1262
Texas State Library and Archives Commission 
Appointment of Local Government Records Committee .....1263
Texas Department of Licensing and Regulation 
Correction of Errors.....1263
Texas Natural Resource Conservation Commission
Correction of Errors.....1263
Applications for Waste Disposal Permits .....1264
Extension of Public Comment Period (Chapters 50, 291, 295, 297, and 305) January 
21, 1997 .....1264
Notice of Proposed Radioactive Material License Renewal and Related Amendments. 
.....1265
Notice of Public Hearing (Permit Transfers).....1265
Notice of Public Hearing (Upset Maintenance) January 22, 1997 .....1266
Provisionally-Issued Temporary Permits to Appropriate State Water .....1266
Texas Board of Pardons and Paroles
Correction of Errors.....1267
Public Utility Commission of Texas
Notice of Application for Approval of Certain Depreciation Rates.....1267
Notice of Application to Amend Certificate of Convenience and Necessity 
.....1267
Notices of Intent to File Pursuant to Public Utility Commission Substantive Rule 
23.27.....1267
Notices of Petition for Exemption from Requirements of Public Utility Commission 
Substantive Rule 23.11(K) .....1269
Notices of Petition for Exemption from Requirements of PUC Substantive Rules 
23.69(d)(3) and (5).....1271
Public Notice of Application to Revise Access Service Tariff.....1273
Public Notice of Interconnection Agreement .....1274
Project Seeking Industry Information Regarding SO<sub>2 Allowances .....1274
Texas Real Estate Commission
Correction of Errors.....1275
Center For Rural Health Initiatives
Notice of Contract Award Health Careers Directory.....1275
Stephen F. Austin State University 
Follow-up Notice on Consulting Services Contract .....1276
Board of Regents, The Texas A&M University System
Notice of Intent to Extend Consultant Contract.....1276
Texas Department of Transportation
Public Notice.....1276
Requests for Proposals.....1277
Texas Workforce Commission
Notice of Date Change to Request for Proposals .....1278