Texas Register
Vol. 22 No. 80
December 12, 1997
Pages 12189-12342

****ATTORNEY GENERAL****
Opinions.....12195
Request for Opinions.....12195
****PROPOSED RULES****
Texas Department of Housing and Community Affairs
Texas Community Development Program
10 TAC sec.9.1, sec.9.7.....12197
Texas Racing Commission
Licenses for Pari-mutuel Racing
16 TAC sec.305.301.....12202
Board of Nurse Examiners
Nurse Education
22 TAC sec.sec.215.2-215.6, 215.14, 215.20.....12203
22 TAC sec.215.14, sec.215.20.....12205
Licensure and Practice
22 TAC sec.217.5.....12206
Advanced Practice Nurses
22 TAC sec.221.1, sec.221.12.....12206
Advanced Practice Nurses with Limited Prescriptive Authority
22 TAC sec.222.1.....12207
Texas State Board of Plumbing Examiners
Administration
22 TAC sec.361.22.....12208
22 TAC sec.361.28.....12208
Licensing
22 TAC sec.365.11.....12209
22 TAC sec.365.12.....12209
Enforcement
22 TAC sec.367.1.....12210
Texas Board of Veterinary Medical Examiners
Licensing
22 TAC sec.571.3.....12210
Texas Department of Health
Medical Radiologic Technologists
25 TAC sec.143.3.....12212
Emergency Medical Services
25 TAC sec.157.130.....12212
25 TAC sec.157.131.....12215
Shellfish Sanitation
25 TAC sec.sec.241.1-241.2, 241.4-241.29.....12217
25 TAC sec.sec.241.1-241.7.....12218
Occupational Health
25 TAC sec.sec.295.201-295.216, 295.218-295.220.....12225
Texas Department of Mental Health and Mental Retardation
Medicaid Programs
25 TAC sec.sec.409.501, 409.503, 409.505, 409.507, 409.509, 409.511, 409.513, 
409.515.....12244
General Land Office
Exploration and Leasing of Oil and Gas
31 TAC sec.9.7.....12248
Exploration and Development of State Minerals Other than Oil and Gas
31 TAC sec.10.8.....12251
Texas Water Development Board
Agricultural Water Conservation Program
31 TAC sec.367.74.....12252
31 TAC sec.sec.367.71, 367.72, 367.74, 367.77.....12252
Texas Low-Level Radioactive Waste Disposal Authority 
General Provisions
31 TAC sec.sec.449.61-449.65.....12253
Texas Department of Human Services
Medicaid Eligibility
40 TAC sec.15.450.....12253
40 TAC sec.15.502 sec.15.503.....12254
Texas Rehabilitation Commission
Legal Services
40 TAC sec.110.1.....12255
Veterans Land Board
Veterans Homes
40 TAC sec.176.11.....12256
****WITHDRAWN RULES****
Texas Board of Veterinary Medical Examiners
Licensing
22 TAC sec.571.3.....12259
****ADOPTED RULES****
Board of Nurse Examiners
Nurse Education
22 TAC sec.215.15.....12261
Texas Department of Insurance
Agents Licensing
28 TAC sec.sec.19.1702-19.1721.....12262
Texas Parks and Wildlife Department
Resource Protection
31 TAC sec.sec.69.110, 69.114.....12276
****TABLES AND GRAPHICS****
Tables and Graphics.....12279
****OPEN MEETINGS****
State Office of Administrative Hearings
Friday, December 12, 1997, 10:00 a.m......12283
Tuesday, January 6, 1998, 9:00 a.m......12283
Thursday, January 22, 1997, 9:00 a.m......12283
Texas State Affordable Housing Corporation 
Monday, December 8, 1997, 11:00 a.m......12283
Texas Department of Housing and Community Affairs
Friday, December 5, 1997, 8:30 a.m......12284
Friday, December 6, 1997, 10:00 a.m......12284
Monday, December 8, 1997, 8:30 a.m......12284
Monday, December 8, 1997, 9:30 a.m......12284
Monday, December 8, 1997, 10:00 a.m......12284
Texas Bond Review Board
Tuesday, December 9, 1997, 10:00 a.m......12285
Coastal Coordination Council
Thursday, December 11, 1997, 1:00 p.m......12285
Texas Energy Coordination Council
Wednesday, December 10, 1997, 10:00 a.m......12285
Texas Ethics Commission
Friday, December 12, 1997, 9:30 a.m......12286
Texas State Board of Examiners of Professional Counselors
Thursday, December 11, 1997, 1:30 p.m......12286
Thursday, December 11, 1997, 2:30 p.m......12286
Friday, December 12, 1997, 8:00 a.m......12286
Friday, December 12, 1997, 9:30 a.m......12286
Friday, December 12, 1997, 11:00 a.m......12287
Saturday, December 13, 1997, 9:00 a.m......12287
Finance Commission of Texas
Friday, December 19, 1997, 8:00 a.m......12287
Friday, December 19, 1997, 8:45 a.m......12287
Texas Department of Health
Thursday, December 11, 1997, 8:30 a.m......12288
Thursday, December 11, 1997, 10:00 a.m......12288
Texas Health Care Information Council 
Wednesday, December 10, 1997, 1:00 p.m......12288
Texas Statewide Health Coordinating Council 
Wednesday, December 10, 1997, 8:00 a.m......12289
Texas Healthy Kids Corporation (“THKC”) 
Tuesday, December 9, 1997, 9:30 a.m......12289
Texas Historical Commission
Monday, December 15, 1997, 2:00 p.m......12289
Texas Department of Insurance
Wednesday, December 10, 1997, 9:00 a.m......12289
Monday, December 15, 1997, 1:00 p.m......12289
Tuesday, December 16, 1997, 9:00 a.m......12289
Wednesday, December 17, 1997, 9:00 a.m......12290
Thursday, December 18, 1997, 9:00 a.m......12290
Texas Board of Professional Land Surveying 
Friday, December 12, 1997, 9:00 a.m......12290
Board of Law Examiners
Friday, December 12, 1997, 8:30 a.m......12290
Friday, December 12, 1997, 8:30 a.m......12290
Texas Appraiser Licensing and Certification Board
Thursday, December 11, 1997, 8:30 a.m......12291
Thursday, December 11, 1997, 9:30 a.m......12291
Texas Department of Licensing and Regulation 
Wednesday, December 10, 1997, 9:00 a.m......12291
Wednesday, December 10, 1997, 1:00 p.m......12291
Thursday, December 11, 1997, 9:00 a.m......12292
Thursday, December 11, 1997, 1:00 p.m......12292
Texas State Board of Medical Examiners 
Wednesday, December 10, 1997, 10:00 a.m......12292
Thursday, December 11, 1997, 1:00 p.m......12292
Texas Natural Resource Conservation Commission 
Tuesday, January 13, 1997, 10:00 a.m......12293
Board of Nurse Examiners
Tuesday, December 9, 1997, 9:00 a.m......12293
Tuesday, December 9, 1997, 9:00 a.m......12293
Texas Board of Physical Therapy Examiners 
Tuesday, December 9, 1997, 8:30 a.m......12293
Texas Property and Casualty Insurance Guaranty Association
Thursday, December 11, 1997, 9:00 a.m......12294
Texas State Board of Public Accountancy 
Friday, December 12, 1997, 9:00 a.m......12294
Public Utility Commission of Texas
Thursday, December 11, 1997, 9:00 a.m......12294
Thursday, December 11, 1997, 1:00 p.m......12294
Thursday, December 11, 1997, 10:00 a.m......12294
Friday, December 12, 1997, 10:00 a.m......12295
Tuesday, January 13, 1998, 9:00 a.m......12295
Texas Real Estate Commission
Monday, December 15, 1997, 8:00 a.m......12295
Monday, December 15, 1997, 8:15 a.m......12295
Friday, December 19, 1997, 9:30 a.m......12296
Recycling Market Development Board
Tuesday, December 16, 1997, 10:00 a.m......12296
State Office of Risk Management
Tuesday, December 9, 1997, 10:00 a.m......12296
Texas Savings and Loan Department
Thursday, December 18, 1997, 1:00 p.m......12296
Texas State Board of Social Worker Examiners 
Friday, December 12, 1997, 8:30 a.m......12297
Stephen F. Austin State University
Friday, December 12, 1997, 1:00 p.m......12297
The Texas A&M University System
Thursday, December 4, 1997, 9:00 a.m......12297
Thursday, December 4, 1997, 11:45 a.m., or upon adjournment or recess of meeting 
of the Board of Regents.....12297
Thursday, December 4, 1997, 1:00 p.m., or upon adjournment or recess of Board 
meeting.....12298
Thursday, December 4, 1997, 1:30 p.m., or upon adjournment or recess of meeting 
of the Committee on Finance.....12298
Thursday, December 4, 1997, 1:45 p.m., or upon adjournment or recess of meeting 
of the Committee on Audit.....12298
Thursday, December 4, 1997, 3:30 p.m. or upon adjournment or recess of meeting 
of the Committee on Buildings and Physical Plant.....12298
The Texas State University System
Thursday-Friday, December 4-5, 1997, 8:30 and 9:30 a.m. respectively.....12298
Texas Woman's University
Friday, December 5, 1997, 1:00 p.m......12299
Texas Department of Transportation
Wednesday, December 10, 1997, 8:00 a.m......12299
University of Houston
Tuesday, December 9, 1997, 9:00 a.m......12299
University Interscholastic League
Monday, December 1, 1997, 10:00 a.m......12299
Texas Water Development Board
Thursday, December 11, 1997, 10:00 a.m......12299
Thursday, December 11, 1997, 1:30 p.m......12300
Texas Water Resources Finance Authority 
Thursday, December 11, 1997, 1:30 p.m......12300
Texas Council on Workforce and Economic Competitiveness
Thursday, December 11, 1997, 7:00 a.m......12300
Thursday, December 11, 1997, 8:30 a.m......12300
Regional Meetings
****IN ADDITION****
Coastal Coordination Council
Notice of Availability and Request for Public Comment on Draft Assessment of the 
Coastal Management Program.....12303
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program.....12304
Comptroller of Public Accounts
Notice of Request for Proposals.....12304
Office of Consumer Credit Commissioner 
Notices of Rate Ceilings.....12305
State Board for Educator Certification 
Corrections of Error.....12305
Employees Retirement System of Texas
Request for Proposal.....12305
General Services Commission
Request for Qualification for Selection of Professional Traffic Engineering 
Firm.....12306
Texas Department of Health
Annual Update of the Women, Infants, and Children State Plan of 
Operations.....12306
Notice of Intent to Revoke Certificates of Registration.....12306
Health and Human Services Commission 
Public Notice.....12307
Heart of Texas Council of Governments 
Heart of Texas Workforce Development Board Strategic Plan.....12307
Texas Department of Housing and Community Affairs
Notice of Administrative Hearing.....12307
Texas Department of Insurance
Notice.....12308
Notice of Public Hearing.....12308
Texas Department of Mental Health and Mental Retardation
Notice of Correction Regarding Fiscal Impact of Repeal of Medicaid 
Rule.....12308
Texas Natural Resource Conservation Commission 
Enforcement Orders.....12309
Notice of Applications for Waste Disposal/Discharge Permits Issued during the 
Period of November 24 - November 28, 1997......12310
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement 
Actions December 3, 1997.....12311
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions.....12311
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions December 3, 1997.....12313
Notice Of Receipt Of Application And Declaration Of Administrative Completeness 
For Municipal Solid Waste Management Facility.....12314
Provisionally-Issued Temporary Permits to Appropriate State Water during the 
period of November 28, 1997.....12314
Provisionally-Issued Temporary Permits to Appropriate State Water.....12315
Texas Department of Protective and Regulatory Services
Request for Proposal.....12315
Texas Department of Public Safety
Extension of Submission Deadline-Qualified Information Systems Contractor Offer 
Request.....12316
Hazardous Material Route Approval for Camino Colombia Toll Road.....12316
Public Utility Commission of Texas
Notice Of Application For Temporary Waiver Of Requirements Under Public Utility 
Commission Substantive Rule 23.106(J)(3) And (J)(4).....12319
Notice of Application For Waiver of Requirements Under Public Utility Commission 
Substantive Rule 23.106(h)(1) And Partial Waiver of Requirements Under Public 
Utility Commission Substantive Rule 23.106(j)(3).....12319
Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 
23.27.....12320
Public Notice Of Interconnection Agreement.....12320
Texas Rehabilitation Commission
Corrections of Error.....12322
Teacher Retirement System of Texas
Report of Fiscal Transactions, Accumulated Cash and Securities, and Rate of 
Return on Assets.....12322
Texas Water Development Board
Applications Received.....12335