Texas Register Vol. 22 No. 66 September 5, 1997 Pages 8769-9175 ****ATTORNEY GENERAL**** Opinions.....8779 ****PROPOSED RULES**** Texas Department of Agriculture Pesticides 4 TAC sec.sec.7.1-7.31.....8782 4 TAC sec.sec.7.1-7.3.....8782 4 TAC sec.sec.7.10-7.14.....8783 4 TAC sec.sec.7.20-7.26.....8785 4 TAC sec.sec.7.30-7.40.....8790 4 TAC sec.sec.7.50-7.53.....8799 4 TAC sec.sec.7.60-7.62.....8804 4 TAC sec.sec.7.70-7.71.....8805 Herbicide Regulations 4 TAC sec.sec.11.1-11.11.....8806 State Finance Commission Banking Section 7 TAC sec.3.21.....8807 7 TAC sec.3.92.....8808 7 TAC sec.3.111.....8809 Currency Exchange 7 TAC sec.4.3.....8811 7 TAC sec.4.8.....8812 Texas Department of Banking Loans and Investments 7 TAC sec.12.2.....8813 7 TAC sec.12.32.....8813 7 TAC sec.12.91.....8814 Railroad Commission of Texas Oil and Gas Division 16 TAC sec.3.64.....8815 Public Utility Commission of Texas Practice and Procedure 16 TAC sec.sec.22.303, 22.305, 22.308, 22.309.....8816 16 TAC sec.sec.22.321 - 22.328.....8818 16 TAC sec.22.341, sec.22.342.....8821 Substantive Rules 16 TAC sec.23.97.....8822 Texas Motor Vehicle Commission Practice and Procedure 16 TAC sec.101.6, sec.101.16.....8823 16 TAC sec.101.52.....8824 General Rules 16 TAC sec.103.1, sec.103.4.....8825 16 TAC sec.103.2.....8825 Warranty Performance Obligations 16 TAC sec.107.8, sec.107.10.....8826 General Distinguishing Numbers 16 TAC sec.sec.111.4, 111.8, 111.9, 111.11.....8827 Texas Higher Education Coordinating Board Program Development 19 TAC sec.5.9.....8829 Campus Planning 19 TAC sec.17.65.....8830 Student Services 19 TAC sec.21.5.....8831 19 TAC sec.21.409, sec.21.410.....8831 19 TAC sec.sec.21.901-21.907, 21.909.....8832 19 TAC sec.sec.21.931, 21.932, 21.934, 21.935, 21.938.....8833 19 TAC sec.sec.21.1080-21.1091.....8834 Grant and Scholarship Programs 19 TAC sec.sec.22.81-22.86.....8836 Texas Board of Private Investigators and Private Security Agencies Guard Dog Company 22 TAC sec.sec.428.3-428.6, 428.8.....8837 Application and Examination 22 TAC sec.429.2.....8838 Texas State Board of Examiners of Psychologists Applications 22 TAC sec.463.5.....8839 Rules of Practice 22 TAC sec.465.38.....8839 Texas Department of Mental Health and Mental Retardation System Administration 25 TAC sec.401.8.....8840 25 TAC sec.401.9.....8841 Medicaid Programs 25 TAC sec.sec.409.101, 409.103, 409.109, 409.114, 409.115, 409.119 .....8842 25 TAC sec.sec.409.153, 409.154, 409.158, 409.167, 409.169, 409.170, 409.172, 409.173.....8845 Texas Department of Insurance Property and Casualty Insurance 28 TAC sec.sec.5.14002-5.14005, 5.14007 and 5.14011.....8848 Independent Review Organizations 28 TAC sec.sec.12.1-12.5.....8855 28 TAC sec.sec.12.101-12.109.....8856 28 TAC sec.12.201-12.208.....8859 28 TAC sec.sec.12.301-12.303.....8861 28 TAC sec.sec.12.401-12.406.....8862 28 TAC sec.12.501, sec.12.502.....8863 Agents Licensing 28 TAC sec.sec.19.1702-19.1721.....8863 Texas Workers' Compensation Commission General Provisions Applicable to all Benefits 28 TAC sec.126.5, sec.126.6.....8880 Guidelines for Medical Services, Charges, and Payments 28 TAC sec.134.1003.....8883 Texas Natural Resource Conservation Commission Control of Air Pollution from Motor Vehicles 30 TAC sec.sec.114.1, 114.3-114.7, 114.13, 114.23, 114.25, 114.27, 114.29- 114.40.....8898 30 TAC sec.sec.114.1-114.5.....8898 30 TAC sec.114.20, sec.114.21.....8902 30 TAC sec.sec.114.50-114.53.....8904 30 TAC sec.114.100.....8908 30 TAC sec.sec.114.150-114.157.....8909 30 TAC sec.114.200.....8913 30 TAC sec.114.201, sec.114.202.....8916 30 TAC sec.sec.114.250, 114.260, 114.270.....8917 Texas Water Development Board Groundwater Management Plan Certification 31 TAC sec.sec.356.1-356.9.....8921 Financial Assistance Programs 31 TAC sec.363.33.....8924 31 TAC sec.363.42.....8925 Drinking Water State Revolving Fund 31 TAC sec.371.52.....8925 State Water Pollution Control Revolving Fund 31 TAC sec.375.52.....8926 31 TAC sec.375.72.....8928 Comptroller of Public Accounts Tax Administration 34 TAC sec.3.1201.....8929 Fire Fighter's Pension Commission Rules and Regulations of the Texas Statewide Emergency Services
    [Volunteer Fire Fighter's] Retirement Fund 34 TAC sec.sec.301.1-301.5, 301.9, 301.10, 301.11.....8931 Texas Department of Human Services Income Assistance Services 40 TAC sec.3.301.....8938 40 TAC sec.sec.3.7301-3.7303.....8938 ****WITHDRAWN RULES**** Texas Department of Banking Corporate Activities 7 TAC sec.15.3.....8941 Texas Department of Insurance Independent Review Organizations 28 TAC sec.sec.12.1-12.5.....8941 28 TAC sec.sec.12.101-12.109.....8941 28 TAC sec.sec.12.201-12.208.....8941 28 TAC sec.sec.12.301-12.303.....8941 28 TAC sec.sec.12.401-12.406.....8942 28 TAC sec.12.501, sec.12.502.....8942 Texas Workforce Commission General Administration 40 TAC sec.800.58.....8942 ****ADOPTED RULES**** State Office of Administrative Hearings Rules of Procedure for Administrative License Suspension Hearings 1 TAC sec.sec.159.3, 159.19, 159.37, 159.41.....8943 Texas Department of Agriculture General Procedures 4 TAC sec.1.401.....8947 Organic Standards and Certification 4 TAC sec.18.2.....8947 Rose Grading 4 TAC sec.23.2, sec.23.3.....8947 Texas Department of Banking Corporate Activities 7 TAC sec.15.1.....8948 7 TAC sec.sec.15.101-15.117.....8948 Sale of Checks Act 7 TAC sec.29.3.....8959 Texas Department of Commerce Defense Economic Adjustment Assistance Grant Program 10 TAC sec.sec.174.1-174.11.....8960 Defence Economic Readjustment Zones 10 TAC sec.sec.175.1-175.9.....8961 Smart Jobs Fund Program 10 TAC sec.sec.186.101, 186.103, 186.104, 186.106.....8962 10 TAC sec.sec.186.201-186.203.....8963 10 TAC sec.sec.186.301-186.303, 186.306-186.308.....8963 Capital Access Program 10 TAC sec.sec.187.1-187.18.....8967 Texas Commission on the Arts Agency Procedures 13 TAC sec.31.10.....8972 Texas Arts Plan 13 TAC sec.35.1.....8972 Application Forms and Instructions for Financial Assistance 13 TAC sec.sec.37.23, 37.24, 37.26,.....8972 Railroad Commission of Texas Oil and Gas Division 16 TAC sec.3.37.....8973 16 TAC sec.3.101.....8974 Liquefied Petroleum Gas Division 16 TAC sec.sec.9.2, 9.4, 9.5, 9.6.....8979 Public Utility Commission of Texas Substantive Rules 16 TAC sec.sec.23.40, 23.42, 23.43, 23.45, 23.46.....8979 Texas State Board of Medical Examiners Licensure 22 TAC sec.163.14.....8996 Reinstatement 22 TAC sec.167.2.....8997 22 TAC sec.167.2, sec.167.3.....8997 Schedule of fees and Penalties 22 TAC sec.175.1.....8997 Certification of Non-Profit Organizations 22 TAC sec.177.11.....8998 Acupuncture 22 TAC sec.sec.183.2, 183.7, 183.20, 183.22.....8998 Physician Assistants 22 TAC sec.sec.185.4, 185.6, 185.7, 185.14, 185.19, 185.20, 185.24 .....8998 Plumbing Examiners Administration 22 TAC sec.361.6.....8999 Structural Pest Control Board Licenses 22 TAC sec.593.23, 593.24.....9000 Texas Department of Insurance Title Insurance 28 TAC sec.9.1.....9001 Texas Water Development Board Drinking Water State Revolving Fund 31 TAC sec.371.20, sec.371.21.....9004 Employees Retirement System Creditable Service 34 TAC sec.sec.71.3, 71.14, 71.17.....9004 34 TAC sec.71.10.....9004 34 TAC sec.71.25.....9005 Benefits 34 TAC sec.sec.73.13, 73.25, 73.31, 73.35.....9005 34 TAC sec.73.27.....9005 34 TAC sec.73.41.....9005 Hazardous Profession Death Benefits 34 TAC sec.75.1.....9006 Judicial Retirement 34 TAC sec.77.15.....9006 34 TAC sec.77.19.....9007 Texas Department of Public Safety Vehicle Inspection 37 TAC sec.23.93.....9007 Texas Department of Human Services Licensed Personal Care Facilities Contracting with the Texas Department of Human Services to Provide Residential Care Services 40 TAC sec.46.2005.....9008 40 TAC sec.sec.46.8001-46.8003.....9008 ****TABLES AND GRAPHICS**** ****OPEN MEETINGS**** Texas Department on Aging (TDoA) Wednesday, September 10, 1997, 1:00 p.m......9139 Texas Commission on Alcohol and Drug Abuse (TCADA) Monday, September 8, 1997, 1:00 p.m......9139 The State Bar of Texas Friday, September 12-13, 1997, 1:00 p.m. and 9:00 a.m. respectively. .....9139 Friday, September 12, 1997, 8:30 a.m......9140 Texas Bond Review Board Tuesday, September 9, 1997, 10:00 a.m......9140 Texas Board of Chiropractor Examiners Thursday, September 11, 1997, 8:30 a.m......9140 Thursday, September 11, 1997, 9:30 a.m......9141 Thursday, September 11, 1997, 9:30 a.m......9141 Thursday, September 11, 1997, 10:30 a.m......9141 Thursday, September 11, 1997, 1:30 p.m......9141 Office of Court Administration Wednesday, September 17, 1997, 9:30 a.m......9142 Texas Department of Criminal Justice Thursday, September 11, 1997, 1:30 p.m......9142 Thursday, September 11, 1997, 1:45 p.m......9142 Thursday, September 11, 1997, 2:15 p.m......9143 Thursday, September 11, 1997, 2:30 p.m......9143 Thursday, September 11, 1997, 3:00 p.m......9143 Friday, September 12, 1997, 10:00 a.m......9143 Texas Education Agency (TEA) Monday, September 8, 1997, 10:00 a.m......9143 Advisory Commission on State Emergency Communications Thursday, September 4, 1997, 1:00 p.m......9144 Employees Retirement System of Texas Thursday, September 11, 1997, 1:30 p.m......9144 General Land Office Tuesday, September 2, 1997, 10:00 a.m......9144 Office of the Governor Friday, September 12, 199, 9:00 a.m......9144 Texas Health Care Information Council Friday, September 5, 1997, 8:30 a.m......9145 Friday, September 5, 1997, 8:30 a.m......9145 Friday, September 5, 1997, 9:30 a.m......9145 Friday, September 5, 1997, 9:30 a.m......9145 Friday, September 5, 1997, 10:30 a.m......9145 Friday, September 5, 1997, 10:30 a.m......9146 Texas Department of Health Monday, September 8, 1997, 9:30 a.m......9146 Health and Human Services Commission Thursday, September 11, 1997, 9:15 a.m......9146 Texas Higher Education Coordinating Board Tuesday, September 9, 1997, 9:00 a.m......9147 Texas Department of Housing and Community Affairs Friday, August 29, 1997, 8:45 a.m......9147 Texas Department of Human Services Friday, September 5, 1997, 10:00 a.m......9147 Commission on Jail Standards Thursday, September 4, 1997, 9:00 a.m......9147 Texas Department of Licensing and Regulation Wednesday, September 10, 1997, 9:00 a.m......9147 Wednesday, September 10, 1997, 1:00 p.m......9148 Texas Lottery Commission Tuesday, September 2, 1997, 9:00 a.m......9148 Saturday, September 6, 1997, 9:00 a.m......9148 Texas Natural Resource Conservation Commission Tuesday, September 2, 1997, 9:00 a.m......9149 Thursday, September 4, 1997, 9:00 a.m......9149 Monday, September 8, 1997, 4:00 p.m......9149 Thursday, September 11, 1997, 10:00 a.m......9149 Tuesday, September 23, 1997, 2:00 p.m......9149 Board of Nurse Examiners Thursday, Friday, September 18-19, 1997, 8:30 a.m......9149 Board of Vocational Nurse Examiners Monday, Tuesday, September 15-16, 1997, 9:00 a.m......9150 Texas Pension Review Board Thursday, September 11, 1997, 1:30 p.m......9150 Texas Polygraph Examiners Board Thursday, Friday, September 11-12, 1997, 7:00 p.m. and 8:30 a.m. respectively.....9150 Texas Board of Private Investigators and Private Security Agencies Tuesday, September 9, 1997, 8:30 a.m. .....9151 Texas State Board of Public Accountancy Wednesday, September 10, 1997, 10:00 a.m......9151 Wednesday, September 10, 1997, 1:00 p.m......9151 Wednesday, September 10, 1997, 1:00 p.m......9151 Wednesday, September 10, 1997, 2:00 p.m......9152 Wednesday, September 10, 1997, 3:00 p.m......9152 Wednesday, September 10, 1997, 3:30 p.m......9152 Wednesday, September 10, 1997, 4:00 p.m......9152 Thursday, September 11, 1997, 9:00 a.m......9152 State Office of Risk Management Tuesday, September 2, 1997, 10:00 a.m., rescheduled from September 3, 1997, 10:00 a.m......9153 Wednesday, September 3, 1997, 10:00 a.m......9153 Texas Senate Tuesday, September 16, 1997, 9:00 a.m......9153 Texas State Soil and Water Conservation Board Wednesday, September 10, 1997, 8:00 a.m......9153 Teacher Retirement System of Texas Tuesday, September 9, 1997, Noon.....9154 Texas State Technical College System Thursday, September 4, 1997, 9:00 a.m......9154 Thursday, September 4, 1997, 9:05 a.m......9154 Texas Department of Transportation Thursday, August 28, 1997, 9:00 a.m......9154 University Interscholastic League Tuesday, September 2, 1997, 9:00 a.m......9154 The University of Texas At Austin Thursday, August 28, 1997, 3:30 p.m......9155 The University of Texas System Wednesday-Saturday, September 3-6, 1997, Wednesday, 2:00 p.m., Thursday, 8:00 a.m., Friday, 8:30 a.m., Saturday, 9:00 a.m......9155 University of North Texas/University of North Texas Health Science Center Thursday, August 28, 1997, 1:30 p.m......9155 Thursday, August 28, 1997, 1:30 p.m......9155 Thursday, August 28, 1997, 3:30 p.m......9156 Thursday, August 28, 1997, 3:30 p.m......9156 Friday, August 29, 1997, 8:00 a.m......9156 Friday, August 29, 1997, 8:00 a.m......9156 Texas Workforce Commission Wednesday, September 3, 1997, 9:00 a.m......9157 Regional Meetings ****IN ADDITION**** Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program .....9161 Texas Ethics Commission List of Late Filers.....9161 Health and Human Services Commission Public Notice .....9162 Texas Department of Human Services Public Notice.....9162 Texas Department of Insurance Insurer Services .....9162 Third Party Administrator Applications.....9163 Notice of Amendment of a Consulting Services Contract.....9163 Texas Natural Resource Conservation Commission Notice of Award .....9163 Notification of Consulting Services Contract Amendment.....9163 North Central Texas Council of Governments Notice of Consultant Contract Award.....9164 Texas Parks and Wildlife Department Annual Meeting of Gulf States Marine Fisheries Commission .....9164 Texas State Board of Pharmacy Election of Officers .....9164 Texas Public Finance Authority Request for Proposals for Underwriting Services .....9164 Public Utility Commission of Texas Notice of Application for Service Provider Certificate of Operating Authority .....9164 Notice of Intent to file Pursuant to Public Utlity Commission Substantaive Rule 23.27.....9165 Public Notice of Interconnection Agreement.....9166 Public Notice of Interconnection Agreement.....9169 Texas Savings and Loan Department Notice of Application for Rebuttal of Control of a Savings Bank .....9175 Somervell County Commissioners' Court Notice of Intent to Submit Request to Texas Department of Human Services to Contract for Additional Medicaid Nursing Home Beds in Somervell County .....9175 Workforce Development Board of the Coastal Bend Request For Proposal (RFP) .....9175