Texas Register
Vol. 22 No. 67
September 12, 1997
Pages 9177-9370

****ATTORNEY GENERAL****
Letter Opinions.....9185
Letter Opinions.....9185
Opinions.....9186
****EMERGENCY RULES****
Teacher Retirement System of Texas
Benefits
34 TAC sec.29.61.....9187
Texas Rehabilitation Commission
Development Disabilities Program
40 TAC sec.109.7.....9187
****PROPOSED RULES****
Office of the Secretary of State
Supplementation of Voter Registration Application 
1 TAC sec.81.81.....9189
1 TAC sec.81.82.....9189
1 TAC sec.sec.81.100 - 81.136.....9190
1 TAC sec.sec.81.101-81.136.....9191
Texas Department of Information Resources
Planning and Management of Information Resources Technologies
1 TAC sec.201.13.....9196
State Finance Commission
Rules of Procedure for Contested Case Hearings, Appeals, and Rulemakings
7 TAC sec.sec.9.1-9.5.....9197
7 TAC sec.sec.9.1-9.3.....9197
7 TAC sec.sec.9.11, 9.12, 9.14-9.31.....9199
7 TAC sec.sec.9.11, 9.12, 9.14-9.23, 9.25-9.38.....9200
7 TAC sec.9.53.....9205
Texas Department of Banking
Corporate Activities
7 TAC sec.sec.15.2, 15.3, 15.6.....9206
7 TAC sec.sec.15.61, 15.62.....9208
7 TAC sec.15.81.....9209
7 TAC sec.15.122.....9210
Texas State Board of Medical Examiners
Licensure
22 TAC sec.163.16, sec.163.17.....9211
Schedule of Fees and Penalties
22 TAC sec.175.1.....9213
Investigation Files
22 TAC sec.179.4.....9213
Acupuncture
22 TAC sec.183.17.....9214
22 TAC sec.183.17, sec.183.23.....9214
Standing Delegation Orders
22 TAC sec.sec.193.1-193.5, 193.8, 193.9 .....9216
22 TAC sec.sec.193.1-193.7.....9217
Texas State Board of Pharmacy
Licensing Requirements for Pharmacists
22 TAC sec.283.6.....9224
Texas Department of Mental Health and Mental Retardation 
Internal Facilities Management
25 TAC sec.407.120.....9224
Volunteers Services and Public Information
25 TAC sec.410.103, sec.410.109.....9225
25 TAC sec.410.109.....9226
Texas Natural Resource Conservation Commission 
Underground Injection Control
30 TAC sec.331.63.....9227
Comptroller of Public Accounts
Tax Administration
34 TAC sec.sec.3.441-3.443, 3.449.....9228
Teacher Retirement System of Texas
Benefits
34 TAC sec.29.61.....9228
Texas Youth Commission
Interaction with the Public
37 TAC sec.81.79.....9229
Texas Department of Human Services
Medicaid Managed Care
40 TAC sec.sec.40.101, 40.103, 40.105.....9229
Veterans Land Board
Veterans Homes
40 TAC sec.sec.176.1-176.10.....9230
Texas Workforce Commission
General Administration
40 TAC sec.sec.800.71-800.75.....9233
Charges for Copies of Public Records
40 TAC sec.sec.821.1-821.5.....9234
Texas Department of Transportation
Travel Information
43 TAC sec.23.2.....9235
43 TAC sec.23.14.....9235
Public Transportation
43 TAC sec.31.36.....9237
****WITHDRAWN RULES****
Teacher Retirement System of Texas
Membership Credit
34 TAC sec.25.187.....9239
Benefits
34 TAC sec.29.61, sec.29.63.....9239
****ADOPTED RULES****
Office of the Attorney General
Child Support Enforcement
1 TAC sec.55.203.....9241
Texas Department of Agriculture
General Procedures
4 TAC sec.sec.1.601-1.608.....9242
Quarantines
4 TAC sec.19.3.....9242
Texas Agricultural Finance Authority: Farm and Ranch Finance Program
4 TAC sec.sec.24.2, 24.3, 24.6, 24.8, 24.8-24.13.....9243
Texas Agricultural Finance Authority: Linked Deposit Program
4 TAC sec.sec.26.1, 26.3, 26.4, 26.6-26.10.....9243
Texas Agricultural Finance Authority: Young Farmer Loan Guarantee Program
4 TAC sec.sec.30.3, 30.5-30.10, 30.12, 30.14.....9243
Texas Lottery Commission
Administration of State Lottery Act 
16 TAC sec.401.369.....9244
Board of Nurse Examiners
Fees
22 TAC sec.223.1.....9245
Board of Vocational Nurse Examiners
Licensing
22 TAC sec.235.19.....9245
Contested Case Procedure
22 TAC sec.239.15.....9246
22 TAC sec.239.15.....9246
Texas State Board of Podiatric Medical Examiners 
Examinations
22 TAC sec.371.1, sec.371.2.....9246
22 TAC sec.371.3, sec.371.6.....9247
Rules Governing Conduct
22 TAC sec.375.1, sec.375.11.....9247
Fees and License Renewal
22 TAC sec.379.1.....9248
Texas State Board of Social Worker Examiners 
Social Worker Licensure
22 TAC sec.781.102.....9249
22 TAC sec.781.215.....9250
22 TAC sec.sec.781.301, 781.302, 781.307, 781.309.....9250
22 TAC sec.781.401 sec.781.402.....9251
22 TAC sec.sec.781.503, 781.508, 781.509.....9251
22 TAC sec.781.602 sec.781.603.....9251
Texas Natural Resource Conservation Commission 
Industrial Solid Waste and Municipal Hazardous Waste
30 TAC sec.335.1, sec.335.2.....9252
Teacher Retirement System of Texas
Membership Credit
34 TAC sec.sec.25.28, 25.30, 25.31.....9256
34 TAC sec.25.135.....9256
34 TAC sec.25.153.....9256
34 TAC sec.sec.25.181, 25.183, 25.184, 25.190 .....9257
Benefits
34 TAC sec.sec.29.1, 29.2, 29.3, 29.6, 29.7, 29.12.....9258
34 TAC sec.29.11.....9258
34 TAC sec.29.13.....9258
34 TAC sec.29.31, sec.29.32.....9258
34 TAC sec.29.62 sec.29.64.....9258
General Administration
34 TAC sec.51.5.....9259
Texas Department of Transportation
Management
43 TAC sec.sec.1.500-1.505.....9259
Transportation Planning and Programming
43 TAC sec.15.52, sec.15.56.....9260
Public Transportation
43 TAC sec.31.3.....9261
43 TAC sec.sec.31.60-31.65.....9262
****EXEMPT FILINGS****
Texas Department of Insurance
PROPOSED ACTION.....9263
****TABLES AND GRAPHICS****
Tables and Graphics.....9267
****OPEN MEETINGS****
State Office of Administrative Hearings
Friday, September 12, 1997, 9:00 a.m......9285
Monday, September 22, 1997, 10:00 a.m......9285
Thursday, November 6, 1997, 10:00 a.m......9285
Texas Department of Agriculture
Wednesday, September 17, 1997, 10:00 a.m......9285
Texas Commission on Alcohol and Drug Abuse (TCADA)
Wednesday, September 9, 1997, 9:00 a.m......9286
Tuesday, September 16, 1997, 9:00 a.m......9286
Texas Boll Weevil Eradication Foundation 
Thursday, September 11, 1997, 10:00 a.m......9286
Texas Board of Chiropractic Examiners 
Wednesday, September 10, 11997, 2:00 p.m......9286
Comptroller of Public Accounts
Monday, September 8, 1997, 9:30 a.m......9286
Monday, September 8, 1997, 9:30 a.m......9287
Texas Department of Criminal Justice 
Wednesday, September 10, 1997, 10:00 a.m......9287
Friday, September 12, 1997, 10:00 a.m......9287
State Board of Dental Examiners
Friday, September 19, 1997, 8:30 a.m......9288
Friday, September 19, 1997, 11:00 a.m......9288
Friday, September 20, 1997, 8:30 a.m......9288
Texas Education Agency (TEA)
Thursday, September 11, 1997, 9:00 a.m......9289
Thursday, September 11, 1997, 1:00 p.m......9289
Thursday, September 11, 1997, 1:00 p.m......9289
Thursday, September 11, 1997, 1:00 p.m......9289
Friday, September 12, 1997, 9:00 a.m......9290
Wednesday, September 24, 1997, 10:00 a.m......9290
State Board for Educator Certification 
Friday, September 12, 1997, 9:00 a.m......9290
Texas Ethics Commission
Friday, September 2, 1997, 9:30 a.m......9290
Employees Retirement System of Texas 
Thursday, September 11, 1997, 1:30 p.m......9291
Texas Funeral Service Commission
Monday, September 15, 1997, 1:00 p.m......9291
Monday, September 17, 1997, 8:30 a.m......9291
Interagency Council for Genetic Services 
Thursday, September 18, 1997, 2:00 p.m......9291
Texas Genetics Network
Thursday, September 18, 1997, 9:00 a.m......9292
Texas Health Insurance Risk Pool
Wednesday, September 17, 1997, 10:30 a.m......9292
Texas Department of Health
Wednesday, September 10, 1997, 3:00 p.m......9292
Thursday, September 11, 1997, 10:00 a.m......9292
Thursday, September 11, 1997, 10:00 a.m......9293
Thursday, September 11, 1997, 10:00 a.m......9293
Thursday, September 11, 1997, 1:00 p.m......9293
Thursday, September 11, 1997, 3:00 p.m......9293
Thursday, September 11, 1997, 4:30 p.m......9293
Friday, September 12, 1997, 8:30 a.m......9294
Friday, September 12, 1997, 9:30 a.m......9294
Friday, September 12, 1997, 11:00 a.m......9294
Tuesday, September 16, 1997, 10:00 a.m......9295
Tuesday, September 16, 1997, 1:30 p.m......9295
Friday, September 19, 1997, 10:00 a.m......9295
Texas Higher Education Coordinating Board 
Thursday, September 11, 1997, 10:00 a.m......9295
Texas House of Representatives
Wednesday, September 17, 1997, 2:00 p.m......9296
Texas Department of Housing and Community Affairs
Saturday, September 13, 1997, 9:00 a.m......9296
Saturday, September 13, 1997, 11:00 a.m......9296
Saturday, September 15, 1997, 8:30 a.m......9296
Saturday, September 15, 1997, 9:30 a.m......9297
Saturday, September 15, 1997, 10:30 a.m......9297
Texas State Affordable Housing Corporation 
Monday, September 15, 1997, 10:00 a.m......9297
Texas Department of Human Services (TDHS) 
Tuesday, September 16, 1997, 9:00 a.m......9297
Texas Department of Insurance
Monday, September 22, 1997, 9:00 a.m......9297
Tuesday, September 23, 1997, 9:00 a.m......9298
Tuesday, September 23, 1997, 1:00 p.m......9298
Wednesday, September 30, 1997, 9:00 a.m......9298
Wednesday, September 30, 1997, 9:00 a.m......9298
Wednesday, October 1, 1997, 9:00 a.m......9298
Wednesday, October 1, 1997, 9:00 a.m......9298
Wednesday, October 1, 1997, 1:00 p.m......9298
Wednesday, October 2, 1997, 9:00 a.m......9298
Texas Department of Licensing and Regulation 
Tuesday, September 16, 1997, 9:00 a.m......9299
Tuesday, September 16, 1997, 10:00 a.m......9299
Wednesday, September 17, 1997, 9:00 a.m......9299
Wednesday, September 17, 1997, 1:00 p.m......9299
Tuesday, September 23, 1997, 9:30 a.m......9299
Texas Medical Disclosure Panel
Friday, September 26, 1997, 10:00 a.m......9300
Texas State Board of Medical Examiners 
Tuesday, September 9, 1997, 1:30 p.m......9300
Wednesday, September 10, 1997, 9:30 a.m......9300
Texas Mental Health and Mental Retardation Board
Friday, September 12, 1997, 9:30 a.m......9301
Texas Municipal Retirement System
Friday, September 26, 1997, 8:30 a.m......9301
Saturday, September 27, 1997, 8:30 a.m......9301
Texas Natural Resources Conservation Commission
Wednesday, October 1, 1997, 9:00 a.m......9301
Thursday, October 2, 1997, 9:00 a.m......9302
Friday, October 3, 1997, 9:00 a.m......9302
Tuesday, October 7, 1997, 10:00 a.m......9302
Tuesday, October 7, 1997, 10:00 a.m......9303
Tuesday, October 7, 1997, 6:30 p.m......9303
Tuesday, October 7, 1997, 7:30 p.m......9303
Wednesday, October 8, 1997, 10:00 a.m......9304
Board of Nurse Examiners
Friday, October 3, 1997, 9:30 a.m......9304
Texas State of Plumbing Examiners
Monday-Tuesday, September 15-16, 1997, 9:00 a.m......9304
Texas Board of Professional Engineers 
Friday, September 19, 1997, 9:30 a.m......9305
Texas Department of Protective and Regulatory Services
Tuesday, September 23, 1997, 9:00 a.m......9305
Tuesday, September 23, 1997, 1:00 p.m......9305
Public Utility Commission of Texas
Wednesday, September 10, 1997, 9:00 a.m......9305
Texas Council on Purchasing from People With Disabilities
Friday, September 12, 1997, 10:00 a.m......9306
Texas Racing Commission
Monday, September 8, 1997, 10:00 a.m......9306
Railroad Commission of Texas
Tuesday, September 2, 1997, 2:00 p.m......9306
Tuesday, September 16, 1997, 9:30 a.m......9307
Tuesday, September 16, 1997, 9:30 a.m......9307
Records Management Interagency Coordinating Council
Tuesday, September 16, 1997, 10:00 a.m......9307
Texas Savings and Loan Department
Friday, September 26, 1997, 9:00 a.m......9307
Tuesday, September 30, 1997, 9:00 a.m......9308
Texas State Board of Social Worker Examiners 
Friday, September 12, 1997, 8:00 a.m......9308
Friday, September 12, 1997, 9:00 a.m......9308
Friday, September 12, 1997, 2:00 p.m......9308
Texas State Soil and Water Conservation Board
Wednesday, September 10, 1997, 8:00 a.m......9308
Boards for Lease of State-owned lands 
Friday, September 12, 1997, 3:00 p.m......9309
Friday, September 12, 1997, 3:00 p.m......9309
Structural Pest Control Board
Sunday, September 14, 1997, 2:00 p.m......9309
Telecommunications Infrastructure Fund Board
Friday, September 12, 1997, 8:30 a.m......9309
Friday, September 12, 1997, 9:30 a.m......9309
Friday, September 12, 1997, 10:30 a.m......9310
Texas State Technical College System 
Saturday, September 6, 1997, 9:00 a.m......9310
Saturday, September 6, 1997, 9:05 a.m......9310
The University of Texas System
Wednesday-Saturday, September 3-6, 1997, 2:00 p.m., 8:00 a.m., 8:30 a.m., 8:00 
a.m., respectively.....9310
Board of Vocational Nurse Examiners
Monday, Tuesday, September 15-16, 1997, 9:00 a.m......9311
Texas On-Site Wastewater Treatment Research Council
Thursday, September 18, 1997, 10:00 a.m......9311
Texas Windstorm Insurance Association 
Tuesday, September 16, 1997, 8:30 a.m......9311
Texas Workers' Compensation Commission 
Thursday, September 11, 1997, 9:30 a.m......9311
Texas Workforce Commission
Tuesday, September 9, 1997, 9:00 a.m......9312
Texas Council on Workforce and Economic Competitiveness
Thursday, September 11, 1997, 10:00 a.m......9312
Friday, September 12, 1997, 8:30 a.m......9313
Regional Meetings
****IN ADDITION****
Texas Department of Agriculture
Notice of Intent and Requests for Comments.....9319
Ark-Tex Council of Governments
Request for Proposals.....9319
Comptroller of Public Accounts
Notice of Intent to Amend Consultant Contracts.....9320
Office of the Consumer Credit Commissioner 
Notices of Rate Ceiling.....9321
Request for Proposals (RFP) for Outside Counsel Contract.....9322
Texas State Board of Registration for Professional Engineers
Correction of Error.....9322
Texas Board of Professional Engineers
Roundtable V Meeting.....9322
General Land Office
Relinquishment Act Oil and Gas Lease Form.....9322
Office of the Governor-Criminal Justice Division
Building Youth-Oriented Community Policing Programs Request for Applications 
.....9323
Texas Department of Health
Licensing Action for Radioactive Materials.....9323
 Notice of Request for Information for Issuing Medical-Identification Cards 
.....9326
Notice of Request for Proposal for Evaluation of LoneSTAR Selective Contracting 
Programs.....9327
Notice of Request for Proposal for Maternal and Child Health Services for Falls, 
Freestone and Coryell Counties in Texas Department of Health Public Health 
Region 7 .....9328
Notice of Revocation of Certificates of Registration.....9329
Notice of Revocation of a Radioactive Material License.....9329
Patient Health Care Information Fees for General and Special Hospitals .....9329
Texas Health and Human Services Commission 
Notice of Public Hearing.....9329
Texas Department of Human Services
Correction of Error.....9330
Notice of Public Hearing-Proposed Payment Rates for Nonpriority Services in the 
Primary Home Care and Family Care Programs; Assisted Living Services/Residential 
Care of the Community Based Alternatives Waiver (CBA); and the Residential Care 
Program.....9330
Texas Department of Insurance
Notice of Application by VHP DENTAL, INC. 1 AUSTIN, TEXAS for Issuance of a 
Certificate of Authority to Establish and Operate an HMO in the State of 
Texas.....9330
Notice of Public Hearing .....9330
Notice of Public Hearing.....9332
Third Party Administrator Applications  .....9333
Third Party Administrator Applications.....9333
Texas Low-Level Radioactive Waste Disposal Authority
Notice of Contract Award.....9333
Texas Natural Resource Conservation Commission 
Enforcement Orders.....9334
Declaration of Administrative Completeness and Notice of Application to Renew a 
Texas Weather Modification License .....9337
Notice of Applications for Waste Disposal/Discharge Permits.....9338
Applications for Waste Disposal/Discharge Permits .....9339
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement 
Actions .....9340
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions.....9342
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions.....9343
Notice of Receipt of Application and Declaration of Administrative Completeness 
for Municipal Solid Waste Management Facility .....9346
Provisionally-Issued Temporary Permits to Appropriate State Water.....9347
Provisionally-Issued Temporary Permits to Appropriate State Water .....9348
Public Notices.....9348
Request For Proposal.....9350
Request For Proposal.....9350
North Central Texas Council of Governments 
Notice of Consultant Contract Award.....9351
Panhandle Regional Planning Commission 
 Request for Proposals.....9351
Texas Department of Protective and Regulatory Services 
Corrections of Error.....9351
Public Utility Commission of Texas
Notices of Application for Service Provider Certificate of Operating Authority 
.....9352
 Notice of Application to Amend Certificate of Convenience and Necessity 
.....9352
Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 
23.27 .....9353
Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 
23.27.....9353
Public Notices of Interconnection Agreement.....9353
Stephen F. Austin State University
Follow-up Notice on Consulting Services Contract .....9357
Notice of Availability of Consulting Services Proposals.....9357
Notice of Cancellation of Consulting Services Proposal.....9357
Board of Regents The Texas A&M University System
Request for Information: Texas Intellectual Property Practitioners .....9358
Telecommunications Infrastructure Fund Board
Telecommunications Infrastructure Fund Board Internet Connectivity Grants for 
Public Libraries and Internet Connectivity Grants for K-12 Public Schools 
.....9358
Texas Department of Transportation
Request for Proposals.....9358
Request for Qualifications.....9359
The University of Texas System 
Request for Proposals Management Consulting Services .....9361
Texas Water Development Board
Applications Received.....9361
Texas Workers' Compensation Commission
Invitation to Applicants for Appointment to the Medical Advisory Committee 
.....9362