Texas Register Vol. 22 No. 72 October 17, 1997 Pages 10191-10472 ****TEXAS ETHICS COMMISSION**** ****EMERGENCY RULES**** Texas Department of Agriculture Cotton Pest Control 4 TAC sec.20.22.....10201 ****PROPOSED RULES**** Office of the Secretary of State Texas Register 1 TAC sec.91.61.....10203 State Office of Administrative Hearings Rules of Procedure 1 TAC sec.sec.155.1, 155.3, 155.5, 155.11, 155.13, 155.17, 155.19, 155.21- 155.23, 155.25, 155.27, 155.29, 155.31, 155.33, 155.35, 155.37, 155.39, 155.41, 155.43, 155.45, 155.47, 155.49, 155.51, 155.53, 155.55.....10204 1 TAC sec.sec.155.1, 155.3, 155.5, 55.9, 155.11, 155.13, 155.17, 155.19, 155.21, 155.23, 155.25, 155.27, 155.29, 155.31, 155.33, 155.35, 155.37, 155.39, 155.41, 155.43, 155.45, 155.47, 155.49, 155.51, 155.53, 155.55, 155.57, 155.59. .....10205 Health and Human Services Commission Cost Determination Process 1 TAC sec.sec.355.102-355.105, 355.111.....10215 Railroad Commission of Texas 16 TAC sec.sec.15.101, 15.115, 15.120, 15.125, 15.135, 15.140, 15.152, 15.160, 15.165.....10220 16 TAC sec.sec.15.305, 15.310, 15.320.....10222 16 TAC sec.sec.15.401, 15.405, 15.410, 15.415, 15.420, 15.425, 15.430, 15.435, 15.440, 15.445, 15.450.....10223 Texas Alcoholic Beverage Commission Licensing 16 TAC sec.33.7.....10226 Legal 16 TAC sec.37.45.....10227 16 TAC sec.37.61.....10227 Texas Board of Chiropractic Examiners Licenses and Renewals 22 TAC sec.73.3.....10228 Provisional Licensure 22 TAC sec.79.1.....10229 Texas State Board of Medical Examiners General Provisions 22 TAC sec.161.1.....10229 Medical Records 22 TAC sec.165.1, sec.165.2.....10230 22 TAC sec.sec.165.1-165.3.....10231 Physician Registration 22 TAC sec.166.2.....10232 Telemedicine 22 TAC sec.174.16.....10233 Nurse Education 22 TAC sec.215.15.....10233 Texas Department of Health Purchased Health Services 25 TAC sec.29.903.....10234 Texas Department of Mental Health and Mental Retardation Medicaid Programs 25 TAC sec.sec.409.301-409.306.....10236 Texas Medical Disclosure Panel Informed Consent 25 TAC sec.sec.601.4, 601.6, 601.8.....10236 Texas Natural Resource Conservation Commission Financial Assurance 30 TAC sec.sec.37.2001, 37.2011, 37.2021.....10238 Used Oil 30 TAC sec.sec.324.4, 324.11-324.14, 324.22.....10242 30 TAC sec.sec.324.17-324.20.....10244 Landscape Irrigators 30 TAC sec.344.2.....10246 30 TAC sec.344.43, sec.344.56.....10246 30 TAC sec.344.73, sec.344.75.....10247 Texas Parks and Wildlife Department Resource Protection 31 TAC sec.sec.69.75, 69.77.....10248 Comptroller of Public Accounts Tax Administration 34 TAC sec.3.545.....10249 34 TAC sec.3.555.....10249 34 TAC sec.3.575.....10250 Fire Fighter's Pension Commission Rules [and Regulations] of the Texas Statewide Emergency Services
    [Volunteer Fire] Retirement Fund 34 TAC sec.301.3.....10251 Texas Department of Public Safety Equipment and Vehicle Standards 37 TAC sec.21.2.....10254 Commission on Jail Standards New Construction Rules 37 TAC sec.sec.259.135, 259.136, 259.143.....10255 37 TAC sec.sec.259.232, 259.233, 259.239.....10256 37 TAC sec.sec.259.330, 259.331, 259.338.....10257 37 TAC sec.sec.259.430, 259.431, 259.437.....10258 37 TAC sec.259.438.....10259 37 TAC sec.sec.259.739, 259.740, 259.747.....10259 Supervision of Inmates 37 TAC sec.275.1.....10260 Discipline and Grievances 37 TAC sec.283.1.....10260 Texas Department of Human Services Cost Determination Process 40 TAC sec.sec.20.102-20.105, 20.11.....10261 Texas Department of Protective and Regulatory Services Twenty-Four Hour Care Licensing 40 TAC sec.sec.720.600-720.608.....10265 General Licensing Procedures 40 TAC sec.725.1802.....10268 40 TAC sec.725.2001, sec.725.2026.....10268 40 TAC sec.725.4020.....10269 40 TAC sec.sec.725.3079-725.3083.....10274 Texas Department of Transportation Motor Carriers 43 TAC sec.18.1, sec.18.2.....10278 43 TAC sec.sec.18.10, 18.11, 18.13-18.16, 18.19.....10279 43 TAC sec.18.12.....10284 43 TAC sec.18.31, sec.18.32.....10284 43 TAC sec.sec.18.51-18.54, 18.56, 18.61.....10285 43 TAC sec.sec.18.70-18.72.....10288 Travel Information 43 TAC sec.23.27.....10290 Traffic Operations 43 TAC sec.sec.25.101-25.104.....10292 Oversize and Overweight Vehicles and Loads 43 TAC sec.28.2.....10297 43 TAC sec.sec.28.10-28.16.....10298 ****WITHDRAWN RULES**** Office of the Secretary of State Texas Register 1 TAC sec.91.61.....10309 Texas Department of Insurance General Administration 28 TAC sec.1.1601.....10309 Fire Fighter's Pension Commission Rules and Regulations of the Texas Statewide Emergency Services
      [Volunteer Fire Fighter's] Retirement Fund 34 TAC sec.301.3.....10309 ****ADOPTED RULES**** Health and Human Services Cost Determination Process .....10311 Railroad Commission of Texas Oil Gas Division 16 TAC sec.3.31.....10311 Gas Utilities Division 16 TAC sec.7.70, sec.7.81.....10312 Public Utility Commission Substantive Rules 16 TAC sec.23.107.....10313 Texas Board of Chiropractic Examiners Licenses and Renewals 22 TAC sec.73.3.....10315 Texas Real Estate Commission Provisions of the Real Estate License Act 22 TAC sec.535.20.....10316 22 TAC sec.535.66.....10316 Texas Department of Health Pharmacy Services 25 TAC sec.sec.35.202, 35.203.....10317 25 TAC sec.35.607.....10317 25 TAC sec.sec.35.701, 35.707.....10318 Texas Medical Disclosure Panel Informed Consent 25 TAC sec.601.2.....10318 Texas Natural Resource Conservation Commission General Rules 30 TAC sec.sec.101.1, 101.24, 101.27.....10319 Underground and Aboveground Storage Tanks 30 TAC sec.sec.334.309, 334.310, 334.332.....10331 30 TAC sec.334.560.....10331 Commission on Jail Standards Health Services 37 TAC sec.273.6.....10331 Services and Activities 37 TAC sec.291.2.....10332 Texas Department of Human Services Cost Determination Process .....10332 Texas Commission for the Deaf and Hard of Hearing Specialized Telecommunications Devise Assistance Program 40 TAC sec.182.1.....10333 40 TAC sec.182.2.....10333 40 TAC sec.182.20.....10333 40 TAC sec.182.21.....10333 40 TAC sec.182.22.....10334 40 TAC sec.182.23.....10334 40 TAC sec.182.24.....10334 40 TAC sec.182.25.....10334 40 TAC sec.182.26.....10335 ****TABLES AND GRAPHICS**** Tables and Graphics Tables and Graphics.....10337 ****OPEN MEETINGS**** Texas Aerospace Commission Thursday, October 16, 1997, 9:30 a.m......10411 Texas Department of Agriculture Wednesday, October 15, 1997, 11:00 a.m......10411 Tuesday, October 21, 1997, 10:00 a.m......10411 Texas Alcoholic Beverage Commission Wednesday, October 15, 1997, 1:30 p.m......10412 Texas Commission on Alcohol and Drug Abuse (TCADA) Friday, October 17, 1997, 11:00 a.m......10412 Texas Animal Health Commission Monday, October 13, 1997, 8:00 a.m......10412 Monday, October 13, 1997, 10:00 a.m......10412 Monday, October 13, 1997, 12:30 p.m......10412 Automobile Theft Prevention Authority Thursday, October 16, 1997, 9:00 a.m......10413 Texas Bond Review Board Thursday, October 9, 1997, 2:00 p.m......10413 Friday, October 10, 1997, 8:30 a.m......10413 Tuesday, October 14, 1997, 10:00 a.m......10414 Texas School for the Deaf Friday, October 10, 1997, 11:00 a.m......10414 Friday, October 10, 1997, 11:00 a.m......10414 Friday, October 10, 1997, 1:00 p.m......10414 Interagency Council on Early Childhood Intervention Wednesday, October 15, 1997, 9:30 a.m......10415 Thursday-Friday, October 16-17, 1997, 10:00 a.m......10415 State Employee Charitable Campaign Tuesday, October 14, 1997, 4:30 p.m......10415 Texas Board of Professional Engineers Friday, October 17, 1997, 10:00 a.m......10415 Friday, October 17, 1997, 1:00 p.m......10416 Finance Commission of Texas Thursday, October 23, 1997, 3:00 p.m......10416 Friday, October 24, 1997, 8:30 a.m......10416 Texas Commission on Fire Protection Wednesday-Friday, October 15-17, 1997, 9:00 a.m......10416 Texas Department of Health Monday, October 13, 1997, 9:30 a.m......10417 Tuesday, October 14, 1997, 9:00 a.m......10417 Friday, October 17, 1997, 1:30 p.m......10417 Saturday, October 18, 1997, 8:30 a.m......10417 Monday, October 20, 1997, 2:00 p.m......10418 Texas Health Insurance Risk Pool ("Health Pool") Friday, October 10, 1997 -- Staffing: 8:30 a.m.; Actuarial/Rating and Benefits: 8:45 a.m.; Board: 10:00 a.m.; Audit: 2:00 p.m......10418 State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments Friday, October 24, 1997, 5:30 p.m......10418 Friday, October 24, 1997, 6:30 p.m......10419 Saturday, October 25, 1997, 8:00 a.m......10419 Saturday, October 25, 1997, 10:30 a.m......10419 Texas Higher Education Coordinating Board Wednesday, October 15, 1997; 5:00 p.m......10419 Friday, October 17, 1997; 8:30 a.m......10419 Texas Department of Information Resources Thursday, October 16, 1997, 9:30 a.m......10420 Texas Department of Insurance Tuesday, October 14, 1997, 9:30 a.m......10420 Wednesday, November 5, 1997, 1:00 p.m......10420 Texas State Library and Archives Commission Monday, October 27, 1997, 10:00 a.m......10420 Texas Appraiser Licensing and Certification Board Tuesday, October 21, 1997, 9:00 a.m......10420 Texas Department of Licensing and Regulation Tuesday, October 14, 1997, 9:00 a.m......10421 Wednesday, October 15, 1997, 9:00 a.m......10421 Wednesday, October 15, 1997, 1:00 p.m......10421 Thursday, October 16, 1997, 9:00 a.m......10421 Thursday, October 16, 1997, 1:00 p.m......10421 Thursday, October 16, 1997, 1:30 p.m......10422 Texas State Board of Medical Examiners Tuesday, October 14, 1997, 1:30 p.m......10422 Midwestern State University Thursday, October 9, 1997, 10:00 a.m......10422 Texas Natural Resource Conservation Commission Thursday, October 9, 1997, 8:00 a.m......10422 Wednesday, October 15, 1997, 9:30 a.m. and 1:00 p.m......10422 Wednesday, October 15, 1997, 9:30 a.m. .....10423 Wednesday, October 15, 1997, 9:30 a.m. .....10423 Wednesday, October 15, 1997, 1:30 p.m. .....10423 Monday, November 3, 1997, 10:00 a.m. .....10423 Friday, November 7, 1997, 9:00 a.m......10423 Monday, November 10, 1997, 10:00 a.m......10423 Board of Nurse Examiners Tuesday, October 14, 1997, 9:00 a.m......10424 Texas State Board of Examiners of Perfusionists Wednesday, October 22, 1997, 8:30 a.m......10424 Wednesday, October 22, 1997, 10:30 a.m......10424 Texas State Board of Pharmacy Thursday, October 16, 1997, 9:00 a.m......10425 Friday, November 7, 1997, 9:00 a.m......10425 Texas State Board of Plumbing Examiners Monday, October 13, 1997, 8:30 a.m......10425 Monday, October 13, 1997, 1:00 p.m......10425 Monday, October 13, 1997, 2:00 p.m......10425 Texas Property and Casualty Insurance Guaranty Association Thursday, October 9, 1997, 11:30 a.m......10426 Texas State Board of Examiners of Psychologists Friday, October 17, 1997, 8:30 a.m......10426 Texas Public Finance Authority Friday, October 10, 1997, 10:30 a.m......10426 Wednesday, October 15, 1997, 10:30 a.m......10426 Public Utility Commission of Texas Tuesday, October 14, 1997, 8:45 a.m......10427 Wednesday, October 15, 1997, 9:00 a.m......10427 Railroad Commission of Texas Friday, October 17, 1997, 9:30 a.m......10427 Sabine River Compact Administration Friday, October 24, 1997, 9:30 a.m......10427 Texas Savings and Loan Department Thursday, November 6, 1997, 9:00 a.m. .....10427 Stephen F. Austin University Wednesday, October 8, 1997, 10:00 a.m......10428 Wednesday, October 8, 1997, 2:00 p.m......10428 Monday, October 13, 1997, 11:00 a.m......10428 Monday, October 13, 1997, 1:30 p.m......10428 Tuesday, October 14, 1997, 9:00 a.m......10428 Board of Tax Professional Examiners Tuesday, October 21, 1997, 1:00 p.m......10429 Wednesday, October 22, 1997, 9:00 a.m......10429 Teacher Retirement System of Texas Tuesday, October 14, 1997, 10:30 a.m......10430 Telecommunication Planning Group Friday, October 17, 1997, 10:00 a.m......10430 Texas A&M University Board of Regents Friday, October 10, 1997, 9:30 a.m......10430 Texas Southern University Friday, October 10, 1997, 8:30 a.m......10430 Texas Department of Transportation Wednesday, October 15, 1997, 8:00 a.m......10431 Wednesday, October 29, 1997, 10:00 a.m......10431 University Interscholastic League Monday, October 6, 1997, 9:00 a.m......10431 Monday, October 6, 1997, 9:00 a.m......10431 The University of Texas at Austin Wednesday, October 8, 1997, 3:30 p.m......10432 The University of Texas System Thursday, October 9, 1997, 9:15 a.m......10432 Thursday, October 9, 1997, 1:00 p.m......10432 Texas Water Development Board Wednesday, October 15, 1997, 3:00 p.m......10432 Thursday, October 16, 1997, 9:00 a.m......10432 Texas Workers' Compensation Commission Wednesday, October 8, 1997, 1:00 p.m......10433 Thursday, October 9, 1997, 9:30 a.m......10433 Thursday, October 16, 1997, 7:00 p.m......10433 Friday, October 17, 1997, 7:30 a.m......10434 Friday, October 17, 1997, 7:00 p.m......10434 Friday-Saturday, October 17-18, 1997, 8:30 a.m......10434 Texas Workforce Commission Tuesday, October 14, 1997, 8:30 a.m......10434 Regional Meetings ****IN ADDITION**** Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program.....10439 Comptroller of Public Accounts Notice of Consultant Contract Award.....10440 Office of Consumer Credit Commissioner Notice of Rate Ceilings.....10440 Texas Department of Criminal Justice Request For Qualifications.....10441 General Services Commission Notice to Bidders.....10443 Notice to Bidders.....10444 Request for Proposal.....10444 Office of the Governor-Criminal Justice Division Notice of Consultant Contract Award.....10445 Texas Department of Health Licensing Action for Radioactive Materials.....10445 Notice of Revocation of Certificates of Registration.....10448 Request for Proposals.....10449 Texas Higher Education Coordinating Board Request For Proposals.....10449 Texas Department of Housing and Community Affairs Manufactured Housing Division Notice of Administrative Hearing.....10449 Notice of Public Hearing.....10450 Request for Proposal For Legal Services.....10450 Texas Department of Housing and Community Affairs Notice of Public Hearing for the Texas Department of Community Affairs Multifamily Housing Revenue Bonds (Meadow Ridge Apartments Project) Series 1997.....10451 Texas Department of Human Services Notice of Negotiated Rulemaking.....10451 Request for Information - Supplemental Security Income (SSI) Outreach Project.....10452 Texas Department of Information Resources Invitation to Negotiate.....10453 Texas Department of Insurance Insurer Services.....10453 Notice of Applications by Small Employer Carriers to be Risk-Assuming Carriers.....10454 Notice Of Public Hearing.....10454 Notice of Public Hearing.....10454 Third Party Administrator Applications.....10454 Texas State Library and Archives Commission Quarterly Report of Consultant Contract Reports.....10455 Texas Department of Mental Health and Mental Retardation and Texas Health and Human Services Notice of Public Hearing on Medicaid Rates.....10456 Texas Natural Resource Conservation Commission Notices of Applications for Waste Disposal/Discharge Permits.....10456 Notice of Meeting of the Clean Air Responsibility Enterprise Advisory Committee.....10458 Notice of Public Hearing on Proposed Amendments to Chapter 344.....10458 Provisionally-Issued Temporary Permits to Appropriate State Water.....10458 Request for Proposal.....10459 North Texas Tollway Authority Request For Proposal.....10460 Texas Department of Public Safety Extension of Submission Deadline-Qualified Information Systems Contractor Offer Request.....10460 Public Utility Commission of Texas Notice of Application for Approval of Intralata Equal Access Implementation Plan Pursuant to Public Utility Commission Substantive Rule 23.103.....10460 Notice of Application For Service Provider Certificate of Operating Authority.....10465 Notices of Application for Service Provider Certificate of Operating Authority.....10466 Notice of Joint Agreement to Provide Mandatory Two-Way Extended Area Service.....10466 Notice of Petition for Exemption from Reporting Requirements of Public Utility Commission Substantive Rule 23.11(I).....10466 Public Notice of Interconnection Agreement.....10467 Request For Comments Regarding Implementation of Temporary Rate Provisions.....10469 Southwest Texas State University Request for Proposals.....10469 Teacher Retirement System of Texas Request for Bids.....10469 Texas Department of Transportation Correction of Error.....10470 Notice of Intent.....10470 Texas Water Development Board Notice of Hearing.....10471 Texas Workers' Compensation Commission Correction of Error.....10471 Invitation to Applicants for Appointment to the Medical Advisory Committee.....10472