Texas Register
Vol. 22 No. 74
October 31, 1997
Pages 10579-10828

****ATTORNEY GENERAL****
Request for Opinions.....10589
****EMERGENCY RULES****
Texas Department of Agriculture
Cotton Pest Control
4 TAC sec.20.22.....10591
****PROPOSED RULES****
Texas Department of Information Resources
Planning and Management of Information Resources Technologies
1 TAC sec.201.2.....10593
Credit Union Department
Chartering, Operations, Mergers, Liquidations
7 TAC sec.91.103.....10594
7 TAC sec.91.705.....10594
Commission Policies and Administrative Rules
7 TAC sec.97.103.....10595
7 TAC sec.97.106.....10596
State Board for Educator Certification
Professional Educator Preparation and Certification
19 TAC sec.sec.230.1-230.4.....10597
19 TAC sec.230.414.....10597
19 TAC sec.230.512.....10598
Certificate of Completion of Training for Appraisers
19 TAC sec.sec.244.1-244.4.....10599
Educators' Code of Ethics
19 TAC sec.247.1, sec.247.2.....10600
Disciplinary Proceedings and Sanctions
19 TAC sec.sec.249.1-249.8.....10602
19 TAC sec.sec.249.20-249.24.....10604
19 TAC sec.sec.249.30-249.48.....10605
19 TAC sec.sec.249.60-249.68.....10608
19 TAC sec.sec.249.80-249.85.....10609
Texas Cosmetology Commission
General Rules and Regulations
22 TAC sec.89.8.....10611
Texas Optometry Board
Continuing Education
22 TAC sec.275.1.....10611
Texas State Board of Examiners of Psychologists
Announcements and Listings
22 TAC 467.3.....10612
Structural Pest Control Board
General Provisions
22 TAC sec.591.21.....10612
State Board of Examiners of Professional Counselors
Professional Counselors
22 TAC sec.681.64.....10613
22 TAC sec.sec.681.81, 681.82.....10614
22 TAC sec.sec.681.92, 681.94.....10615
Texas Medical Disclosure Panel
Informed Consent
25 TAC sec.sec.601.4, 601.6, 601.8.....10615
Texas Department of Insurance
Life Accident and Health Insurance and Annuities
General Land Office
Coastal Area Planning
31 TAC sec.15.11.....10617
Texas Water Development Board
Financial Assistance Programs
31 TAC sec.363.511.....10618
31 TAC sec.363.511.....10619
Drinking Water State Revolving Fund
31 TAC sec.371.24.....10620
State Water Pollution Control Revolving Fund 
31 TAC sec.sec.375.19-375.21.....10621
31 TAC sec.sec.375.17, 375.19-375.22.....10622
31 TAC sec.375.52.....10624
Comptroller of Public Accounts
Tax Administration
34 TAC sec.3.1202.....10625
34 TAC sec.3.1203.....10626
34 TAC sec.3.1204.....10628
Texas County and District Retirement System
Calculations or Types of Benefits
34 TAC sec.103.5.....10629
Creditable Service
34 TAC sec.105.4.....10630
Miscellaneous Rules
34 TAC sec.107.4.....10632
Texas Commission on Jail Standards
Supervision of Inmates
37 TAC sec.275.7.....10632
Texas Workforce Commission
Child Labor
40 TAC sec.sec.817.1-817.8.....10633
40 TAC sec.sec.817.1-817.5.....10634
40 TAC sec.sec.817.21-817.23.....10634
40 TAC sec.sec.817.31-817.33.....10635
****ADOPTED RULES****
Advisory Commission on State Emergency Communications
Administration
1 TAC sec.252.5.....10637
1 TAC sec.252.6.....10637
Finance
1 TAC sec.255.10.....10638
Texas Department of Agriculture
Seed Arbitration
4 TAC sec.sec.6.1-6.5.....10638
Texas Department of Economic Development
Small Business Assistance
10 TAC sec.sec.182.51, 182.52, 182.54-182.58, 182.60.....10639
Railroad Commission of Texas
Coal Mining Regulations
16 TAC sec.12.2, sec.12.3.....10643
16 TAC sec.sec.12.10, 12.13, 12.14, 12.15, 12.16.....10643
16 TAC sec.sec.12.25-12.33.....10644
16 TAC sec.12.72.....10644
16 TAC sec.12.76.....10644
16 TAC sec.12.83.....10644
16 TAC sec.12.107.....10644
16 TAC sec.12.116.....10645
16 TAC sec.sec.12.124-12.131, 12.135, 12.137.....10645
16 TAC sec.sec.12.139, 12.142, 12.145, 12.146, 12.148, 12.150.....10645
16 TAC sec.sec.12.170-12.177, 12.181-12.183.....10645
16 TAC sec.12.173.....10646
16 TAC sec.sec.12.185, 12.188, 12.190, 12.196, 12.197.....10646
16 TAC sec.12.202.....10646
16 TAC sec.sec.12.210, 12.215, 12.216, 12.220, 12.221.....10646
16 TAC sec.12.225, sec.12.227.....10646
16 TAC sec.12.301.....10647
16 TAC sec.12.327, sec.12.328.....10647
16 TAC sec.sec.12.331, 12.340, 12.341, 12.344, 12.347-12.350, 12.352, 12.355, 
12.357, 12.358, 12.360, 12.362-12.364, 12.366, 12.370, 12.375-12.378, 12.380, 
12.385, 12.387, 12.388, 12.390, 12.395, 12.400, 12.401.....10647
16 TAC sec.sec.12.340, 12.341, 12.342, 12.344, 12.347, 12.348, 12.349, 12.350, 
12.355, 12.390, 12.395, 12.396.....10647
16 TAC sec.sec.12.509-12.511, 12.514, 12.517, 12.519, 12.522, 12.524, 12.526-
12.528, 12.530-12.545, 12.547, 12.552, 12.554, 12.555, 12.560, 12.569, 
12.570.....10648
16 TAC sec.sec.12.510, 12.511, 12.512, 12.514, 12.519, 12.524, 12.555, 12.560, 
12.561.....10648
16 TAC sec.12.651.....10648
16 TAC sec.12.660, sec.12.661.....10648
16 TAC sec.12.698.....10648
16 TAC sec.sec.12.702-12.704, 12.706.....10649
Texas Cosmetology Commission
Sanitary Rulings
22 TAC sec.83.22.....10649
Texas State Board of Examiners of Psychologists 
General Rulings
22 TAC sec.461.7.....10649
22 TAC sec.461.11.....10649
22 TAC sec.461.12.....10651
Applications
22 TAC sec.463.3.....10651
22 TAC sec.463.4.....10651
22 TAC sec.463.5.....10651
22 TAC sec.463.6.....10652
22 TAC sec.463.32.....10654
Rules of Practice
22 TAC sec.465.38.....10655
Procedure
22 TAC sec.466.2.....10655
22 TAC sec.466.15.....10656
Specialty Certification
22 TAC sec.469.2.....10656
Fees
22 TAC sec.473.4.....10656
Texas Real Estate Commission
Provisions of the Real Estate License Act
22 TAC sec.535.222.....10657
22 TAC sec.535.223.....10657
Texas Board of Veterinary Medical Examiners
Licensing
22 TAC sec.571.18.....10659
Rules of Professional Conduct
22 TAC sec.573.10.....10659
22 TAC sec.573.51.....10659
22 TAC sec.573.60.....10660
Practice and Procedure
22 TAC sec.575.20.....10660
22 TAC sec.575.28.....10661
General Administration and Duties
22 TAC sec.577.15.....10661
22 TAC sec.577.29.....10661
Texas Department of Insurance
Property and Casualty Insurance
28 TAC sec.sec.5.14002-5.14005, 5.14007 and 5.14011.....10662
Texas Natural Resource Conservation Commission
Control of Air Pollution from Toxic Materials
30 TAC sec.113.180.....10674
30 TAC sec.113.190.....10674
30 TAC sec.113.200.....10675
30 TAC sec.113.280.....10675
30 TAC sec.113.340.....10675
30 TAC sec.113.380.....10675
Control of Air Pollution from Volatile Organic Compounds
30 TAC sec.sec.115.521-115.527, 115.529.....10676
Federal Operating Permits
30 TAC sec.sec.122.10-122.12.....10700
30 TAC sec.122.120.....10701
30 TAC sec.sec.122.130, 122.132-122.136, 122.138, 122.139.....10701
30 TAC sec.sec.122.141, 122.143, 122.145.....10702
30 TAC sec.sec.122.150, 122.152-122.155.....10702
30 TAC sec.sec.122.161, 122.163-122.165.....10703
30 TAC sec.sec.122.201, 122.202, 122.204.....10703
30 TAC sec.sec.122.210-122.213, 122.215-122.217, 122.219-122.221 .....10704
30 TAC sec.122.231, sec.122.233.....10704
30 TAC sec.122.241, sec.122.243.....10705
30 TAC sec.sec.122.310-122.312, 122.314.....10706
30 TAC sec.122.410, sec.122.411.....10706
30 TAC sec.sec.122.420-122.422, 122.425, 122.427.....10707
30 TAC sec.sec.122.430, 122.432, 122.434, 122.435, 122.437, 122.438 .....10707
30 TAC sec.122.440.....10708
30 TAC sec.122.10, sec.122.12.....10708
30 TAC sec.sec.122.110, 122.120, 122.121.....10712
30 TAC sec.sec.122.130-122.134, 122.136, 122.138-122.140 .....10713
30 TAC sec.sec.122.142-122.146, 122.148.....10716
30 TAC sec.122.161, sec.122.165.....10720
30 TAC sec.122.201, sec.122.204.....10721
30 TAC sec.sec.122.210-122.213, 122.215-122.217, 122.219-122.221 .....10722
30 TAC sec.122.231.....10725
30 TAC sec.122.241, sec.122.243.....10726
30 TAC sec.122.312.....10727
30 TAC sec.122.320, sec.122.322.....10728
30 TAC sec.122.330.....10730
30 TAC sec.122.350.....10731
30 TAC sec.122.360.....10732
30 TAC sec.sec.122.410, 122.412, 122.414.....10732
30 TAC sec.sec.122.501-122.506, 122.508.....10734
Edwards Aquifer
30 TAC sec.213.14.....10738
Texas Water Development Board
Financial Assistance Programs
31 TAC sec.363.33.....10743
31 TAC sec.363.42.....10743
Drinking Water State Revolving Fund
31 TAC sec.371.52.....10743
State Water Pollution Control Revolving Fund 
31 TAC sec.375.52.....10744
31 TAC sec.375.72.....10744
Texas Youth Commission
Interaction with the Public
37 TAC sec.81.79.....10744
Texas Juvenile Probation Commission
Standards for Juvenile Pre-adjudication Secure Detention Facility
37 TAC sec.sec.343.1, 343.2, 343.4-343.18.....10745
37 TAC sec.343.3.....10746
Standards for Juvenile Post-adjudication Secure Correctional Facilities
37 TAC sec.sec.344.1-344.13, 344.15-344.16.....10747
Texas Board of Occupational Therapy Examiners
Definitions
40 TAC sec.362.1.....10747
Types of Licenses
40 TAC sec.365.1.....10750
Display of Licenses
40 TAC sec.369.3.....10750
License Renewal
40 TAC sec.370.1.....10751
Inactive/Retiree Status
40 TAC sec.371.1.....10751
40 TAC sec.371.2.....10752
Provision of Services
40 TAC sec.372.1.....10752
Supervision
40 TAC sec.373.1.....10752
Disciplinary Actions/Complaints/Code of Ethics
40 TAC sec.374.1.....10754
Registration of Facilities
40 TAC sec.376.1.....10754
40 TAC sec.376.3.....10755
40 TAC sec.376.4.....10755
Texas Workforce Commission
Unemployment Insurance
40 TAC sec.815.9.....10755
****TABLES AND GRAPHICS****
Tables and Graphics.....10757
****OPEN MEETINGS****
Texas State Board of Public Accountancy
Thursday, October 30, 1997, 9:00 a.m......10765
State Office of Administrative Hearings
Monday, November 3, 1997, 1:00 p.m......10765
Texas Agricultural Experiment Station
Monday, October 27, 1997, 10:00 a.m......10765
Friday, October 31, 1997, 10:00 a.m......10766
Texas Bond Review Board
Thursday, October 23, 1997, 10:00 a.m......10766
Wednesday, October 29, 1997, 10:30 a.m......10766
State Cemetery Committee
Monday, October 27, 1997, 11:30 a.m......10766
Coastal Coordinating Council (CCC)
Friday, October 31, 1997, 1:30 p.m......10767
Texas Cosmetology Commission
Monday, November 10, 1997, 10:00 a.m......10767
Texas Association of Counties Government Risk Management Pool
Thursday, October 29, 1997, 9:00 a.m......10767
Texas Association of Counties Unemployment Compensation Fund
Friday, October 30, 1997, 9:00 a.m......10767
Daughters of the Republic of Texas, Inc.
Thursday-Friday, November 6-7, 1997, 8:00 a.m......10768
State Board of Dental Examiners
Thursday, November 6, 1997, 1:30 p.m......10768
Thursday, November 6, 1997, 2:30 p.m......10768
Thursday, November 6, 1997, 2:30 p.m......10768
Friday, November 7, 1997, 8:00 a.m......10769
Texas State Board of Examiners of Dietitians
Saturday, November 8, 1997, 8:30 a.m......10769
Saturday, November 8, 1997, 9:00 a.m......10769
Saturday, November 8, 1997, 11:00 a.m......10769
Saturday, November 8, 1997, 12:00 p.m......10770
Saturday, November 8, 1997, 2:00 p.m......10770
Texas Education Agency (TEA)
Thursday, November 6, 1997, 9:00 a.m......10770
Thursday, November 6, 1997, 2:00 p.m......10770
Thursday, November 6, 1997, 2:00 p.m......10771
Thursday, November 6, 1997, 2:00 p.m......10771
Friday, November 7, 1997, 9:00 a.m......10771
State Employee Charitable Campaign
Friday, October 24, 1997, 8:30 a.m......10772
Thursday, November 6, 1997, 8:30 a.m......10772
General Land Office
Wednesday, October 29, 1997, 3:00 p.m......10772
Texas Health Care Information Council
Tuesday, October 28, 1997, 8:00 a.m......10772
Tuesday, October 28, 1997, 8:00 a.m......10772
Tuesday, October 28, 1997, 9:00 a.m......10773
Texas Department of Health
Wednesday, October 22, 1997, 3:00 p.m......10773
Thursday, October 23, 1997, 8:15 a.m......10773
Thursday, October 23, 1997, 9:00 a.m......10773
Thursday, October 23, 1997, 10:00 a.m......10773
Thursday, October 23, 1997, 1:00 p.m......10774
Thursday, October 23, 1997, 2:00 p.m......10774
Friday, October 24, 1997, 8:00 a.m......10774
Friday, October 24, 1997, 10:00 a.m......10774
Friday, October 31, 1997, 9:30 a.m......10775
Tuesday, November 4, 1997, 9:00 a.m......10775
Texas Higher Education Coordinating Board
Monday, November 3, 1997, 8:30 a.m. .....10775
Texas Historical Commission
Thursday, October 30, 1997, 1:30 p.m......10775
Thursday, October 30, 1997, 2:00 p.m......10776
Thursday, October 30, 1997, 2:00 p.m......10776
Thursday, October 30, 1997, 3:00 p.m......10776
Thursday, October 30, 1997, 3:00 p.m......10776
Friday, October 31, 1997, 8:00 a.m......10776
Friday, October 31, 1997, 9:30 a.m......10777
Friday, October 31, 1997, 9:30 a.m......10777
Texas Department of Human Services (TDHS)
Wednesday, October 29, 1997, 8:00 a.m......10777
Monday, November 3, 1997, 9:00 a.m......10777
Texas Health Insurance Risk Pool ("Health Pool")
Friday, October 24, 1997 - Board (2:00 p.m.); Actuarial/Rating (8:00 a.m.); 
Benefits (8:00 a.m.); Staffing (12:30 p.m.).....10777
Texas Department of Insurance
Monday, November 10, 1997, 1:00 p.m......10778
Wednesday, November 12, 1997, 9:00 a.m......10778
Monday, November 17, 1997, 9:00 a.m......10778
Monday, November 17, 1997, 9:00 a.m......10778
Monday, November 17, 1997, 9:00 a.m......10778
Monday, November 17, 1997, 1:00 p.m......10778
Texas Judicial Council
Thursday October 30, 1997, 10:00 a.m......10779
Texas State Library and Archives Commission
Monday, November 3, 1997, 1:00 p.m......10779
Monday, November 3, 1997, 1:20 p.m......10779
Texas Department of Licensing and Regulation 
Tuesday, October 28, 1997, 3:00 p.m......10779
Wednesday, October 29, 1997, 1:00 p.m......10780
Tuesday, November 4, 1997, 9:30 a.m......10780
Texas Lottery Commission
October 29, 1997, 9:00 a.m......10780
Texas State Board of Examiners of Marriage and Family Therapists
Sunday, November 2, 1997, 1:00 p.m......10780
Sunday, November 2, 1997, 2:00 p.m......10781
Sunday, November 2, 1997, 3:00 p.m......10781
Monday, November 3, 1997, 9:00 a.m......10781
Texas Natural Resource Conservation Commission
Thursday, November 13, 1997, 10:00 a.m......10781
Monday, November 17, 1997, 10:00 a.m......10782
Tuesday, November 18, 1997, 7:00 p.m......10782
Tuesday, December 9, 1997, 10:00 a.m......10782
Board of Nurse Examiners
Tuesday, October 28, 1997, 9:30 a.m......10783
Wednesday, October 29, 1997, 9:30 a.m......10783
Texas Parks and Wildlife Department
Wednesday, November 5, 1997, 9:00 a.m......10783
Wednesday, November 5, 1997, 9:00 a.m......10783
Wednesday, November 5, 1997, 9:00 a.m......10783
Wednesday, November 5, 1997, 9:00 a.m......10783
Wednesday, November 5, 1997, 6:30 p.m......10784
Thursday, November 6, 1997, 9:00 a.m......10784
Tuesday, November 18, 1997, 11:00 a.m......10784
Texas State Board of Physician Assistant Exam
Friday, October 31, 1997, 9:00 a.m......10784
Friday, October 31, 1997, 10:00 a.m......10784
Friday, October 31, 1997, 11:30 a.m......10785
Texas State Board of Plumbing Examiners
Monday, October 27, 1997, 9:00 a.m......10785
Monday, November 10, 1997, 8:30 a.m......10785
Texas State Board of Examiners of Professional Counselors
Friday, November 14, 1997, 8:30 a.m......10785
Texas Department of Protective and Regulatory Services
Friday, October 31, 1997, 10:00 a.m......10786
Texas Public Finance Authority
Monday, October 27, 1997, 10:30 a.m......10786
Railroad Commission of Texas
Friday, October 31, 1997, 9:30 a.m......10786
Texas Savings and Loan Department
Monday, November 17, 1997, 9:00 a.m......10786
State Securities Board
Wednesday, November 5, 1997, 9:30 a.m......10787
State Seed and Plant Board
Monday, November 10, 1997, 2:00 p.m......10787
Monday, November 10, 1997, 3:00 p.m......10787
Texas Certified Self-Insurer Guaranty Association
Monday, October 27, 1997, 11:00 a.m......10787
Texas Senate
Wednesday, November 12, 1997, 9:30 a.m......10788
Teacher Retirement System of Texas
Friday, October 24, 1997, 8:00 a.m......10788
Friday, October 24, 1997, 9:00 a.m......10788
Texas State Technical College System
Friday, October 24, 1997, 8:30 a.m......10789
Friday, October 24, 1997, 8:35 a.m......10789
Texas Department of Transportation
Thursday, November 6, 1997, 9:30 a.m. .....10789
University of Houston System
Thursday, October 23, 1997, 8:00 a.m......10789
University of Texas at El Paso
Tuesday, November 4, 1997, 2:00 p.m......10789
University Interscholastic League
Sunday-Monday, October 19-20, 1997, 8:00 a.m......10790
University of Texas, M.D. Anderson Cancer Center
Tuesday, October 21, 1997, 9:00 a.m......10790
Texas Council on Workforce and Economic Competitiveness
Wednesday, November 5, 1997, 10:00 a.m. .....10790
Texas Workforce Commission
Monday, October 27, 1997, 10:00 a.m......10790
Wednesday, October 29, 1997, 1:00 p.m......10790
Regional Meetings
****IN ADDITION****
Texas Department of Aging
Notice of Intent to offer Opportunities for Public and Private Partnerships and 
Sponsorships for the Aging Texas Well Program.....10795
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program .....10796
Comptroller of Public Accounts
Notice of Issuance of Request for Offers.....10796
Notice of Request for Proposals .....10797
Office of the Consumer Credit Commissioner 
Notice of Rate Ceilings.....10798
Texas Credit Union Department
Application(s) to Amend Articles of Incorporation.....10798
Application(s) to Expand Field of Membership.....10798
Texas Department of Criminal Justice 
Request for Qualifications .....10799
Texas Commission for the Deaf and Hard of Hearing
Notice of Public Hearing.....10799
Notice of Request for Information.....10799
Deep East Texas Council of Governments 
Consultant Contract Request for Proposal.....10803
Request for Proposal.....10803
Texas Education Agency
Corrections of Error.....10803
Texas Ethics Commission
List of Late Filers.....10803
General Services Commission
Request for Qualifications for Selection of Professional Appraisal Firms or 
Individual.....10804
Request for Qualifications for Selection of Professional 
Architectural/Engineering and Consulting Services.....10805
Texas Department of Health
Licensing Action for Radioactive Materials.....10805
Notice of Proposed Amendment of a Radioactive Material License .....10809
Notice of Request for Proposals For Put Prevention Into Practice.....10809
Texas Department of Housing and Community Affairs
Notice of Administrative Hearing MHD1998000293H.....10810
Inaugural Endowment Fund Committee
Fund Disbursement Report.....10810
Texas Department of Insurance
Third Party Administrator Applications .....10812
Texas Natural Resource Conservation Commission 
Miscellaneous Document Notice of Opportunity to Comment on Default Orders of 
Administrative Enforcement Actions October 15, 1997.....10812
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions October 15, 1997.....10813
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions.....10814
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions October 15, 1997.....10818
Public Notices.....10819
Texas Parks and Wildlife Department
Request for Proposals for Section 6 Funding .....10820
Texas Department of Protective and Regulatory Services
Corrections of Error.....10821
Corrections of Error.....10821
Public Utility Commission of Texas
Notice of Application for Approval of Certain Depreciation Rates.....10821
Notice of Application for Certificate of Operating Authority.....10821
Notice of Application to Amend Certificate of Convenience and 
Necessity.....10822
Notices of Application Pursuant to Public Utility Commission Substantive Rule 
sec.23.26.....10822
Notices of Intent to File Pursuant to Public Utility Commission of Texas 
Substantive Rule sec.23.27.....10824
Notice of Petition for Suspension or Modification of the Requirements to 
Implement Local Number Portability and Suspension of Enforcement of 
sec.251(b)(2) of FTA96.....10824
Public Notice of Petition for Declaratory Rulings.....10825
Request for Comments Related to Permanent Number Portability.....10825
Sam Houston State University
Consultant Proposal Request.....10825
Teacher Retirement System of Texas
Consultant Contract Award.....10826
Texas Workforce Commission
Request for Proposals - Capacity-Building Grants for Local Community Employer 
Coalitions.....10826
Request for Proposals - Technical Support Grants to Provide Capacity-Building 
for Local Community Employer Coalitions.....10827