Texas Register
Vol. 22 No. 68
September 19, 1997
Pages 9371-9568

****ATTORNEY GENERAL****
Request for Opinions.....9381
****TEXAS ETHICS COMMISSION****
Opinions.....9383
Opinions Request.....9383
****EMERGENCY RULES****
Texas Department of Transportation
Contract Management
43 TAC sec.9.19.....9385
Motor Carriers
43 TAC sec.18.1, sec.18.2.....9388
43 TAC sec.sec.18.10, 18.13, 18.14, 18.16 18.19.....9388
43 TAC sec.18.31, sec.18.32.....9391
43 TAC sec.sec.18.51-18.54, 18.56.....9392
43 TAC sec.sec.18.70-18.72.....9395
****PROPOSED RULES****
Office of the Governor
Budget and Planning Office
1 TAC sec.sec.5.141-5.147, 5.150, 5.151, 5.167.....9397
Texas Department of Agriculture
Boll Weevil Eradication Program
4 TAC sec.sec.3.1-3.6.....9400
4 TAC sec.sec.3.10, 3.11.....9403
Office of Consumer Credit Commissioner
Rules of Operation for Pawnshop
7 TAC sec.85.2.....9404
Texas Department of Licensing and Regulation
Industrialized Housing and Buildings
16 TAC sec.sec.70.20, 70.22, 70.23, 70.50, 70.60, 70.61, 70.70, 70.71, 70.75, 
70.80.....9405
State Board of Dental Examiners
Dental Licensure
22 TAC sec.101.1.....9410
22 TAC sec.101.5.....9413
22 TAC sec.101.7.....9414
Fees
22 TAC sec.102.2.....9415
Dental Hygiene Licensure
22 TAC sec.103.1.....9416
22 TAC sec.103.2.....9418
22 TAC sec.103.3.....9419
22 TAC sec.103.11.....9419
Dental Board Procedures
22 TAC sec.107.300.....9420
Conduct
22 TAC 109.171.....9421
22 TAC sec.109.201.....9421
22 TAC sec.109.300.....9422
Extension of Duties of Auxiliary Personnel Dental Assistants
22 TAC sec.114.1.....9422
Dental Laboratories
22 TAC sec.116.3.....9423
Faculty-Students in Accredited Dental Schools 
22 TAC sec.117.1.....9423
Texas Appraiser Licensing and Certification Board
Provisions of the Texas Appraiser Licensing and Certification Act
22 TAC sec.153.5.....9424
22 TAC sec.153.25.....9425
Interagency Council on Early Childhood Intervention 
Early Childhood Intervention
25 TAC sec.sec.621.82-621.84.....9425
25 TAC sec.621.126.....9427
Texas Health Care Information Council
Health Care Information
25 TAC sec.sec.1301.11, 1301.12, 1301.14-1301.19.....9427
Texas Natural Resource Conservation Commission 
Action on Applications
30 TAC sec.50.15.....9433
Consolidated Permits
30 TAC sec.305.2.....9436
30 TAC sec.sec.305.22, 305.23, 305.25.....9436
30 TAC sec.305.533, sec.305.535.....9438
Texas Water Development Board
State Water Pollution Control Revolving Fund 
31 TAC sec.375.72.....9439
Comptroller of Public Accounts
Prepaid Higher Education Tuition Program
34 TAC sec.7.2, sec.7.3.....9440
34 TAC sec.7.11.....9440
34 TAC sec.7.43.....9441
34 TAC sec.sec.7.51-7.54.....9441
34 TAC sec.sec.7.61-7.63.....9442
34 TAC sec.7.71, sec.7.72.....9442
34 TAC sec.7.81.....9443
Texas Youth Commission
Admission and Placement
37 TAC sec.85.23.....9444
Texas Department of Human Services
Community Care for Aged and Disabled
40 TAC sec.48.2903, sec.48.2904.....9445
40 TAC sec.sec.48.2903-48.2905, 48.2908.....9445
Texas Department on Aging
Operation of the Texas Department on Aging
40 TAC sec.sec.254.5, 254.7.....9450
Texas Department of Transportation
Employment Practices
43 TAC sec.sec.4.62-4.64.....9454
Contract Management
43 TAC sec.9.19.....9459
Transportation Planning and Programming
43 TAC sec.sec.15.51-15.55.....9460
****WITHDRAWN RULES****
Texas Department of Housing and Community Affairs 
Manufactured Housing
10 TAC sec.80.1.....9465
10 TAC sec.80.11.....9465
10 TAC sec.sec.80.21-80.29, 80.36-80.41.....9465
10 TAC sec.sec.80.52, 80.56-80.61, 80.63, 80.67.....9465
10 TAC sec.sec.80.52-80.55, 80.62-80.66.....9465
10 TAC sec.80.63.....9465
10 TAC sec.sec.80.118, 80.121, 80.123-80.125, 80.129.....9465
10 TAC sec.sec.80.119-80.123, 80.126, 80.128, 80.130-80.132, 80.135.....9466
10 TAC sec.sec.80.181-80.184.....9466
10 TAC sec.sec.80.181, 80.185, 80.186.....9466
10 TAC sec.80.201.....9466
10 TAC sec.sec.80.202-80.208.....9466
Texas Alcoholic Beverage Commission
Marketing Practices
16 TAC sec.45.105.....9466
Texas Motor Vehicle Commission
General Rules
16 TAC sec.103.4.....9466
Texas Lottery Commission
Bingo Regulation and Tax
16 TAC sec.402.568.....9467
Texas State Board of Medical Examiners
Standing Delegation Orders
22 TAC sec.193.7.....9467
Non-Certified Radiologic Technicians
22 TAC sec.sec.194.1-194.12.....9467
****ADOPTED RULES****
Office of the Attorney General
Sexual Assault Prevention and Crisis Services.....9469
Office of the Secretary of State
Texas Register
1 TAC sec.91.3, sec.91.5.....9470
1 TAC sec.sec.91.111-91.113.....9470
Texas Feed and Fertilizer Control Service
Feed
4 TAC sec.61.1.....9470
4 TAC sec.61.22.....9471
4 TAC sec.61.65.....9471
4 TAC sec.61.66.....9472
Texas Savings and Loan Department
Miscellaneous
7 TAC sec.79.105.....9473
Texas Lottery Commission
Bingo Regulation and Tax
16 TAC sec.402.568.....9473
Texas Department of Health
Preventive Health and Health Services.....9475
Texas Department of Insurance
General Administration
28 TAC sec.1.88.....9475
General Land Office
Coastal Area Planning
31 TAC sec.15.3.....9476
Texas Youth Commission
Interaction With The Public
37 TAC sec.sec.81.1, 81.35, 81.75.....9477
37 TAC sec.81.35.....9478
37 TAC sec.81.61.....9478
37 TAC sec.81.61.....9478
Purchasing Youth Services
37 TAC sec.83.1.....9479
Admission and Placement
37 TAC sec.85.1, sec.85.3.....9480
37 TAC sec.85.25, sec.85.37.....9481
37 TAC sec.85.29.....9481
37 TAC sec.85.29.....9481
37 TAC sec.85.61.....9482
Treatment
37 TAC sec.87.1.....9483
37 TAC sec.87.77, sec.87.79.....9484
37 TAC sec.87.81.....9484
37 TAC sec.87.81.....9484
Youth Rights and Remedies
37 TAC sec.93.33.....9485
Youth Discipline
37 TAC sec.95.55, sec.95.71.....9485
Security and Control
37 TAC sec.97.37.....9485
General Provisions
37 TAC sec.99.11, sec.99.19.....9486
Agreements with other Agents
37 TAC sec.119.21.....9486
Texas Department of Human Services
Income Assistance Services
40 TAC sec.3.501.....9486
40 TAC sec.3.902.....9487
40 TAC sec.3.1601.....9487
40 TAC sec.3.2408.....9487
40 TAC sec.sec.3.7101-3.7105.....9487
Food Distribution and Processing
40 TAC sec.11.123.....9488
40 TAC sec.sec.11.6001-11.6009.....9488
40 TAC sec.sec.11.6001-11.6011.....9488
Nursing Facility Requirements for Licensure and Medicaid Certification
40 TAC sec.19.2325.....9489
Community Care for Aged and Disabled
40 TAC sec.48.2703.....9489
****EXEMPT FILINGS****
Texas Department of Insurance
ADOPTION.....9491
****TABLES AND GRAPHICS****
Tables and Graphics.....9493
****OPEN MEETINGS****
Texas Department of Agriculture
Tuesday, September 23, 1997, 9:00 a.m......9507
Tuesday, September 23, 1997, 10:30 a.m......9507
Tuesday, September 23, 1997, 1:30 p.m......9507
Tuesday, September 23, 1997, 1:30 p.m......9507
Tuesday, September 23, 1997, 1:30 p.m......9508
Tuesday, September 23, 1997, 1:30 p.m......9508
Tuesday, September 23, 1997, 1:30 p.m......9508
Tuesday, September 23, 1997, 1:30 p.m......9508
Tuesday, September 23, 1997, 1:30 p.m......9508
Tuesday, September 23, 1997, 1:30 a.m......9508
Tuesday, September 23, 1997, 1:30 p.m......9509
Tuesday, September 23, 1997, 1:30 p.m......9509
Tuesday, September 23, 1997, 1:30 p.m......9509
Texas Commission on Alcohol and Drug Abuse (TCADA)
September 26, 1997, 10:00 a.m......9509
Texas Animal Health Commission
Monday, September 22, 1997, 11:00 a.m......9509
Texas Bond Review Board
Tuesday, September 16, 1997, 9:00 a.m......9509
Thursday, September 18, 1997, 10:00 a.m......9510
Coastal Coordination Council (CCC)
Wednesday, September 24, 1997, 1:30 p.m......9510
Texas Department of Criminal Justice 
Thursday, September 18, 1997, 8:00 a.m......9510
Thursday, September 18, 1997, 10:00 a.m......9510
Thursday, September 18, 1997, 11:00 a.m......9511
Thursday, September 18, 1997, 1:00 p.m......9511
Thursday, September 18, 1997, 2:00 p.m......9511
Thursday, September 18, 1997, 3:00 p.m......9512
Thursday, September 18, 1997, 4:30 p.m......9512
Thursday, September 18, 1997, 5:00 p.m......9512
Friday, September 19, 1997, 9:00 a.m......9512
State Board of Dental Examiners
Friday-Saturday, September 26-27, 1997, 8:00 a.m......9513
Thursday, September 25, 1997, 2:30 p.m......9513
Thursday, September 25, 1997, 1:30 p.m......9514
Texas Funeral Service Commission
Thursday, September 18, 1997, 8:30 a.m......9514
Thursday, September 18, 1997, 9:30 a.m......9514
General Services Commission
Tuesday, September 23, 1997, 9:30 a.m......9514
Texas Guaranteed Student Loan Corporation 
Thursday, September 18, 1997, 9:00 a.m......9515
Thursday, September 18, 1997, 9:30 a.m......9515
Thursday, September 18, 1997, 11:00 a.m......9515
Friday, September 19, 1997, 9:30 a.m......9515
Texas Health Care Information Council 
Thursday, September 18, 1997 at 10:00 a.m......9516
Thursday, September 18, 1997 at 10:00 a.m......9516
Wednesday, September 24, 1997 at 9:00 a.m......9516
Wednesday, September 24, 1997 at 10:00 a.m......9516
Texas Department of Health
Friday, September 12, 1997 at 11:00 a.m......9517
Wednesday, September 17, 1997 at 9:00 a.m......9517
Thursday, September 18, 1997 at 9:30 a.m......9517
Tuesday, September 23, 1997 at 9:00 a.m......9517
Texas Higher Education Coordinating Board 
Friday, September 12, 1997, 9:00 a.m......9517
Thursday, September 18, 1997, 10:00 a.m......9518
Thursday, September 18, 1997, 1:30 p.m......9518
Monday, September 22, 1997, 9:30 a.m......9518
Tuesday, October 7, 1997, 12:00 p.m......9518
Texas Department of Human Services (TDHS) 
Friday, September 19, 1997, 10:00 a.m......9518
Monday, September 22, 1997, 10:00 a.m......9519
Texas Department of Insurance
Friday, September 19, 1997, 9:00 a.m......9519
Tuesday, September 30, 1997, 9:00 a.m......9519
Thursday, October 2, 1997, 9:00 a.m......9519
Commission on Jail Standards
Thursday, September 25, 1997, 9:00 am.....9519
Thursday, September 25, 1997, 9:00 am.....9519
Texas Juvenile Probation Commission
Friday, September 19, 1997, 8:30 a.m......9520
Friday, September 19, 1997, 9:00 a.m......9520
Friday, September 19, 1997, 9:30 a.m......9520
Friday, September 19, 1997, 10:30 a.m......9520
General Land Office
Tuesday, September 16, 1997, 10:00 a.m......9520
Tuesday, September 16, 1997, 10:00 a.m......9521
Board of Law Examiners
Friday, September 19, 1997, 8:30 a.m......9521
Texas Department of Licensing and Regulation 
Tuesday, September 23, 1997, 9:00 a.m......9521
Texas State Board of Medical Examiners 
Thursday, September 18, 1997 and Saturday, September 20, 1997, 9:00 a.m. and 
8:30 a.m. respectively.....9521
Thursday, September 18, 1997, 1:30 p.m......9522
Thursday, September 18, 1997, 1:30 p.m......9522
Thursday, September 18, 1997, 2:00 p.m......9522
Thursday, September 18, 1997, 2:00 p.m......9522
Friday, September 19, 1997, 8:30 a.m......9523
Friday, September 19, 1997, 9:00 a.m......9523
Friday, September 19, 1997, 9:30 a.m......9523
Friday, September 19, 1997, 10:00 a.m......9523
Friday, September 19, 1997, 10:30 a.m......9524
Friday, September 19, 1997, 1:00 p.m......9524
Friday, September 19, 1997, 1:30 p.m......9524
Friday, September 19, 1997, 2:00 p.m......9524
Friday, September 19, 1997, 2:30 p.m......9524
Friday, September 19, 1997, 2:30 p.m......9525
Friday, September 19, 1997, 3:00 p.m......9525
Texas Natural Resource Conservation Commission
Wednesday, September 17, 1997, 9:30 a.m. and 1:00 p.m......9525
Wednesday, September 17, 1997, 9:30 a.m. .....9525
Thursday, September 18, 1997, 10:30 a.m......9525
Thursday, September 18, 1997, 11:00 a.m......9526
Thursday, September 25, 1997, 1:00 p.m......9526
Monday, October 6, 1997, 9:00 a.m......9526
Monday, October 6, 1997, 10:00 a.m......9526
Tuesday, October 7, 1997, 10:00 a.m......9526
Tuesday, October 7, 1997, 10:00 a.m......9527
Thursday, October 9, 1997, 10:00 a.m......9527
Thursday, October 9, 1997, 10:00 a.m......9527
Wednesday, October 22, 1997, 10:00 a.m......9528
Thursday, October 23, 1997, 9:00 a.m......9528
Wednesday, November 5, 1997, 9:30 a.m......9528
Board of Nurse Examiners
Thursday, October 2, 1997, 9:30 a.m......9528
Texas Board of Occupational Therapy Examiners 
Friday, September 19, 1997, 9:30 a.m......9529
Texas Optometry Board
Thursday-Friday, September 18, 19, 1997, 10:00 a.m. and 9:00 a.m. respectively 
.....9529
Texas State Board of Pharmacy
Tuesday, September 30, 1997, 9:00 a.m......9529
Texas Department of Protective and Regulatory Services
Tuesday, September 23, 1997, 9:00 a.m......9529
Texas State Board of Examiners of Psychologists 
Wednesday, September 24, 1997, 8:30 a.m......9530
Wednesday, Thursday, September 24-25, 1997, 8:30 a.m......9530
Texas Department of Public Safety
Thursday, September 25, 1997, 3:00 p.m......9530
Tuesday, September 30, 1997, 10:30 a.m......9530
Public Utility Commission of Texas
Thursday, September 18, 1997, 9:00 a.m., RESCHEDULED FROM: 10:00 a.m., Thursday, 
September 18, 1997......9531
Thursday, September 18, 1997, 10:00 a.m......9531
Friday, September 19, 1997, 1:00 p.m......9531
Railroad Commission of Texas
Tuesday, September 16, 1997, 9:30 a.m......9531
Tuesday, September 23, 1997, 9:15 a.m......9532
Tuesday, September 23, 1997, 9:30 a.m......9532
Texas Real Estate Commission
Sunday, September 21, 1997, 4:00 p.m......9532
Monday, September 22, 1997, 9:30 a.m......9532
Texas Rehabilitation Commission
Thursday, September 25, 1997, 9:30 a.m......9533
Friday, September 26, 1997, 9:30 a.m......9533
State Office of Risk Management
Tuesday, September 16, 1997, 10:15 a.m......9533
Sunset Advisory Commission
Friday, September 19, 1997, 1:30 p.m......9534
Board of Regents, The Texas A&M University System
Thursday, September 18, 1997, 2:00 p.m......9534
Thursday, September 18, 1997, 3:00 p.m......9534
Friday, September 19, 1997, 8:30 p.m......9534
Friday, September 19, 1997, 1:00 p.m......9534
Texas Department of Transportation
Thursday September 18, 1997, 9:30 a.m......9535
University of Houston
Monday, September 15, 1997, 2:00 p.m......9535
University Interscholastic League
Wednesday, September 10, 1997, 9:00 a.m......9535
Monday, September 15, 1997, 9:00 a.m......9535
University Texas M.D. Anderson Cancer Center
Tuesday, September 16, 1997, 9:00 a.m......9535
Texas Board of Veterinary Medical Examiners 
Thursday, September 25, 1997, 2:30 p.m......9536
Texas Water Development Board
Wednesday September 17, 1997, 10:30 a.m......9536
Wednesday September 17, 1997, 4:00 p.m......9536
Thursday September 18, 1997, 9:00 a.m......9536
Thursday September 18, 1997, 10:30 a.m......9537
Texas Workers' Compensation Commission 
Thursday, September 11, 1997, 4:15 p.m......9537
Texas Workforce Commission
Tuesday, September 16, 1997, 9:00 a.m......9537
Texas Youth Commission
Wednesday, September 17, 1997, 5:30 p.m......9537
Wednesday, September 17, 1997, 5:30 p.m......9538
Wednesday, September 17, 1997, 6:30 p.m......9538
Thursday, September 18, 1997, 8:30 a.m......9538
Regional Meetings
****IN ADDITION****
Texas Department of Agriculture
Notice of Hearings.....9545
Ark-Tex Council of Governments
Request for Proposal for Provision of a Regional Law Enforcement Training 
Program.....9545
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program .....9546
Comptroller of Public Accounts
Local Sales Tax Rate Changes Effective October 1, 1997.....9546
Office of the Consumer Credit Commissioner 
Notice of Rate Ceiling.....9551
Deep East Texas Council of Governments
Request for Proposal .....9551
Employees Retirement System of Texas
Consultant Contract Award.....9552
General Services Commission
Electronic Commerce Mandatory Request for Information #97-1A .....9552
Texas Department of Health
Notice of Cancellation for the Request for Proposal for Evaluation of LoneStar 
Selective Contracting Programs .....9552
Texas Department of Housing and Community Affairs
Notice of Administrative Hearing (MHD1997002334D, MHD1997002180D, 
MHD1997002800D, MHD1997001596M).....9552
Notice of Administrative Hearing (MHD1996001799M, MHD1997001902D, 
MHD1997002172D) .....9553
Texas Department of Human Services
Public Notice - Announcement of Availability of Funds of Intent to Contract for 
Provision of Non-residential Services to Victims of Family Violence.....9553
Public Notice - Announcement of Availability of Funds to Provide Non-residential 
Services to Victims of Family Violence.....9553
Texas Department of Insurance
Insurer Services .....9554
Notice of Applications by Small Employer Carriers to be Risk-Assuming Carriers 
.....9554
Notice of Public Hearing  .....9554
Texas Department of Licensing and Regulation 
Vacancy on Architectural Barriers Advisory Committee .....9554
Vacancy on Property Tax Consultants Advisory Council .....9555
Texas Department of Mental Health and Mental Retardation
Notice of Request for Proposal/Consulting Contract .....9555
Texas Natural Resource Conservation Commission 
Extension of Comment Period (Chapters 116/126) .....9556
Notice of Application to Appropriate Public Waters of the State of Texas 
.....9556
Notice of Applications for Waste Disposal/discharge Permits.....9557
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions .....9558
Provisionally-Issued Temporary Permits to Appropriate State Water. .....9559
Public Hearing Notice .....9559
North Central Texas Council of Governments
Notice of Consultant Contract Award.....9560
Texas Parks and Wildlife Department
Executive Order Number 97-003 .....9560
Texas Department of Public Safety
Qualified Information Systems Contractor Offer Request.....9560
Public Utility Commission of Texas
Notice of Application for Amendment to Service Provider Certificate of Operating 
Authority.....9561
Notice of Application for Approval of Intralata Equal Access Implementation Plan 
Pursuant to Public Utility Commission Substantive Rule 23.103 .....9561
Notice of Application for Service Provider Certificate of Operating Authority 
.....9561
Notice of Application for Service Provider Certificate of Operating Authority 
.....9561
Notices of Intent to File Pursuant to Public Utility Commission Substantive Rule 
23.27 .....9562
Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 
23.27.....9562
Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 
23.27.....9563
Public Notice of Interconnection Agreements.....9565
Questions Regarding Rights of Telecommunications Utilities and Property Owners 
Under PURA Building Access Provisions.....9566
San Antonio-Bexar County Metropolitan Planning Organization 
Requests for Proposals .....9566
The University of Texas System
Consultant Proposal Request.....9567
Request for Proposal - Extension of Submittal Deadline .....9567
Texas Workers' Compensation Commission 
Invitation To Applicants To The Medical Advisory Committee.....9567
Texas Youth Commission
Request for Proposal #98-25.....9568