Texas Register
Vol. 23 No. 4
January 23, 1998
Pages 473-676

****ATTORNEY GENERAL****
Opinions.....481
Request for Opinions.....481
****PROPOSED RULES****
Texas Department of Economic Development
Smart Jobs Fund Rules
10 TAC sec.sec.186.102, 186.104.....483
10 TAC 186.301, 186.302, 186.305-186.308.....485
Railroad Commission of Texas
Oil and Gas Division
16 TAC sec.3.50.....488
Texas Real Estate Commission
Professional Agreements and Standard Contracts
22 TAC sec.537.11, sec.537.42.....490
Structural Pest Control Board
Compliance and Enforcement
22 TAC sec.595.16.....491
Texas Board of Professional Land Surveying
General Rules of Procedure and Practices
22 TAC sec.661.95.....492
Texas Department of Mental Health and Mental Retardation
System Administration
25 TAC sec.sec.401.551-401.565.....493
Standards and Quality Assurance
25 TAC sec.sec.408.1-408.10.....494
25 TAC sec.sec.408.51-408.63.....495
25 TAC sec.sec.408.151-408.164.....495
Medicaid Programs
25 TAC sec.409.100.....496
25 TAC sec.sec.409.373-409.375.....497
Local Authority Responsibilities
25 TAC sec.sec.412.351-412.373.....498
Texas Department of Insurance
Life, Accident, Health Insurance and Annuities
28 TAC sec.3.309.....507
28 TAC sec.sec.3.14001-3.14008.....509
Texas Natural Resource Conservation
Industrial Solid Waste and Municipal Solid Waste
30 TAC sec.sec.335.341-335.351.....515
30 TAC sec.335.352.....525
Teacher Retirement System of Texas
Benefits
34 TAC sec.29.21.....526
Insurance
34 TAC sec.41.12.....527
General Administration
34 TAC sec.51.1.....528
Texas Juvenile Probation Commission
Standards for Juvenile Pre-Adjudication Secure Detention Facility
37 TAC sec.343.8, sec.343.9.....529
Standards for Juvenile Post-Adjudication Secure Correctional Facilities
37 TAC sec.344.8.....529
Texas Department of Human Services
Nursing Facility Administrators
40 TAC sec.sec.18.1, 18.11-18.14.....530
40 TAC sec.sec.18.1, 18.11-18.14.....530
Community Care for Aged and Disabled
40 TAC sec.sec.48.6092, 48.6094, 48.6096.....534
Texas Workforce Commission
Texas PayDay Rules
40 TAC sec.sec.821.1-821.6.....536
40 TAC sec.sec.821.21-821.28.....537
40 TAC sec.sec.821.41-821.46.....539
40 TAC sec.sec.821.61-821.63.....540
40 TAC sec.821.81.....540
****WITHDRAWN RULES****
Texas Department of Insurance
Life, Accident, Health Insurance and Annuities
28 TAC sec.3.309.....541
28 TAC sec.3.14001-3.14008.....541
****ADOPTED RULES****
Texas Department of Agriculture
Boll Weevil Eradication Program
4 TAC sec.3.111.....543
Texas Department of Housing and Community Affairs
Administration
10 TAC sec.1.4.....544
Texas Motor Vehicle Commission
Practice and Procedure
16 TAC sec.101.52.....544
General Rules
16 TAC sec.103.1, sec.103.4.....544
16 TAC sec.103.2.....545
Texas Education Agency
School District Personnel
19 TAC sec.153.1021.....545
Board of Vocational Nurse Examiners
Contested Case Procedure
22 TAC sec.239.11.....551
Texas Department of Mental Health and Mental Retardation
Medicaid Program
25 TAC sec.sec.409.301-409.306.....552
Texas Workers' Compensation Commission
General Provisions Applicable to All Benefits
28 TAC sec.126.11.....552
Benefits-Guidelines for Medical Services, Charges, and Payments
28 TAC sec.134.1002.....558
Teacher Retirement System of Texas
Benefits
34 TAC sec.29.61.....559
Texas Juvenile Probation Commission
Texas Juvenile Probation Standards
37 TAC sec.341.4.....559
Standards for Housing Non-Texas Juveniles in Texas Correctional Facilities
37 TAC sec.sec.342.1-342.5.....560
Standards for Juvenile Pre-Adjudication Secure Detention Facility
37 TAC sec.343.1.....560
37 TAC sec.343.19.....560
Standards for Juvenile Post-Adjudication Secure Correctional Facilities
37 TAC sec.344.1.....561
37 TAC sec.344.18.....561
Texas Department of Human Services
Income Assistance Services
40 TAC sec.3.2701.....561
Nursing Facility Requirements for Licensure and Medicaid Certification
40 TAC sec.19.2322.....562
TABLES AND GRAPHICS
Tables and Graphics
Tables and Graphics.....565
****OPEN MEETINGS****
Texas State Board of Public Accountancy
Tuesday, January 27, 1998, 9:00 a.m......599
State Office of Administrative Hearings
Thursday, January 15, 1998, 10:00 a.m......599
Tuesday, January 20, 1998, 9:00 a.m......599
Tuesday, February 17, 1998, 9:30 a.m......599
Tuesday, April 28, 1998, 9:00 a.m......599
Texas Department of Agriculture 
Wednesday, January 21, 1998, 10:00 a.m......600
Wednesday, January 21, 1998, 10:30 a.m......600
Texas Commission on Alcohol and Drug Abuse
Friday, January 16, 1998, 11:00 a.m......600
Tuesday, January 20, 1998, 1:30 p.m......600
The State Bar of Texas 
Friday, January 16, 1998, 9:00 a.m......600
Friday, January 16, 1998, 9:00 a.m......601
Texas School for the Blind and Visually Impaired
Friday, January 23, 1998, 8:15 a.m......601
Friday, January 23, 1998, 9:00 a.m......601
Friday, January 23, 1998, 9:00 a.m......601
Friday, January 23, 1998, 10:00 a.m......602
Texas Cancer Council
Tuesday, January 27, 1998, 6:00 p.m......602
Wednesday, January 28, 1998, 9:00 a.m......602
Office of Court Administration 
Monday, February 2, 1998, 10:00 a.m......602
Texas Department of Criminal Justice
Thursday, January 22, 1998, 1:30 p.m......603
Thursday, January 22, 1998, 2:00 p.m......603
Thursday, January 22, 1998, 2:45 p.m......603
Thursday, January 22, 1998, 3:30 p.m......603
Friday, January 23, 1998, 9:00 a.m......603
Texas Commission for the Deaf and Hard of Hearing
Friday, January 16, 1998, 9:00 a.m......604
Texas School for the Deaf
Saturday, January 17, 1998, 9:00 a.m......604
Saturday, January 17, 1998, 11:00 a.m......604
Saturday, January 17, 1998, 11:00 a.m......604
Interagency Council on Early Childhood Intervention
Wednesday, January 21, 1998, 9:30 a.m......605
Wednesday, January 21, 1998, 9:30 a.m......605
Thursday-Friday, January 22-23, 1998, 9:30 a.m......605
Texas Department of Economic Development
Thursday, January 22, 1998, 11:00 a.m......605
Employees Retirement System of Texas
Wednesday, January 21, 1998, 9:00 a.m......605
Wednesday, January 21, 1998, 9:30 a.m......606
Fire Fighters' Pension Commission
Friday, January 16, 1998, 8:30 a.m......606
General Land Office
Tuesday, January 18, 1998, 10:00 a.m......606
Thursday, January 20, 1998, 3:00 p.m......606
Office of the Governor
Tuesday, January 20, 1998, 1:00 p.m......606
Texas Guaranteed Student Loan Corporation
Thursday, January 22, 1998, 8:30 a.m......607
Thursday, January 22, 1998, 10:00 a.m......607
Thursday, January 22, 1998, 10:30 a.m......607
Texas Department of Health
Thursday, January 15, 1998, 11:30 a.m......607
Thursday, January 15, 1998, 1:00 p.m......608
Thursday, January 15, 1998, 2:30 p.m......608
Thursday, January 15, 1998, 4:00 p.m......608
Friday, January 16, 1998, 8:30 a.m......608
Friday, January 16, 1998, 9:30 a.m......609
Friday, January 16, 1998, 10:30 a.m......609
Friday, January 16, 1998, 1:00 p.m......609
Tuesday, January 20, 1998, 9:30 a.m......609
Tuesday, January 20, 1998, 9:30 a.m......610
Tuesday, January 20, 1998, 12:00 Noon.....610
Saturday, January 24, 1998, 11:00 a.m......610
Texas Health Care Information Council
Tuesday, January 20, 1998, 1:30 p.m......610
Texas Statewide Health Coordinating Council
Friday, January 16, 1998, 10:30 a.m......611
Tuesday, January 20, 1998, 9:00 a.m......611
Texas Higher Education Coordinating Board
Wednesday, January 21, 1998, 4:00 p.m......611
Texas HMO Solvency Surveillance Committee
Friday, January 23, 1998, 9:00 a.m......611
Texas House of Representatives
Thursday, January 15, 1998, 10:00 a.m......611
Tuesday, January 27, 1998, 10:30 a.m......612
Texas Commission on Human Rights
Wednesday, Thursday, January 21-22, 1998, 9:00 a.m......612
State Independent Living Council
Tuesday, January 20, 1998, 9:00 a.m......612
Texas Department of Information Resources
Thursday, January 22, 1998, 9:30 a.m......612
Texas Department of Insurance
Thursday, January 15, 1998, 9:00 a.m......613
Tuesday, January 20, 1998, 9:00 a.m......613
Thursday, January 22, 1998, 1:00 p.m......613
Friday, January 23, 1998, 1:00 p.m......613
Tuesday, February 3, 1998, 9:00 a.m......613
Tuesday, February 3, 1998, 9:00 a.m......613
Wednesday, February 4, 1998, 9:00 a.m......614
Friday, February 6, 1998, 9:00 a.m......614
Friday, February 6, 1998, 1:00 p.m......614
Texas Juvenile Probation Commission
Friday, January 16, 1998, 10:00 a.m......614
Friday, January 16, 1998, 10:45 a.m......614
Board of Law Examiners
Thursday, January 15, 1998.....614
Legislative Budget Board
Wednesday, February 4, 1998, 9:30 a.m......615
Texas State Library and Archives Commission
Monday, January 26, 1997, 11:30 a.m......615
Texas Appraiser Licensing and Certification Board
Wednesday, January 21, 1998, 9:00 a.m......615
Thursday, January 22, 1998, 9:00 a.m......615
Texas Department of Licensing and Regulation 
Wednesday, January 21, 1998, 9:00 a.m......615
Wednesday, January 21, 1998, 1:00 p.m......616
Thursday, January 29, 1998, 1:00 p.m......616
Texas Mental Health and Mental Retardation Board
Tuesday, January 20, 1998, 9:30 a.m......616
Tuesday, January 20, 1998, 10:30 a.m......616
Tuesday, January 20, 1998, 11:30 a.m......617
Tuesday, January 20, 1998, 1:15 p.m......617
Tuesday, January 20, 1998, 2:45 p.m......617
Wednesday, January 21, 1998, 9:00 a.m......617
Midwestern State University
Monday, January 12, 1998, 2:00 p.m......618
Texas Natural Resource Conservation Commission
Wednesday, January 21, 1998, 9:30 a.m. and 1:00 p.m......618
Thursday, January 22, 1998, 3:30 p.m......618
Wednesday, March 4, 1998, 9:30 a.m......618
Texas Board of Occupational Therapy Examiners 
Monday, January 26, 1998, 9:00 a.m......619
Texas Board of Orthotics and Prosthetics 
Wednesday, January 21, 1998, 10:00 a.m......619
Wednesday, January 21, 1998, 1:30 p.m......619
Texas Parks and Wildlife Department
Wednesday, January 21, 1998, 9:00 a.m......619
Texas State Board of Examiners of Perfusionists 
Wednesday, February 4, 1998, 10:30 a.m......619
Texas Public Finance Authority
Wednesday, January 21, 1998, 10:30 a.m......620
Texas Department of Public Safety
Tuesday, January 27, 1998, 10:00 a.m......620
Public Utility Commission of Texas
Thursday, January 15, 1998, 9:00 a.m......620
Monday, March 16, 1998, 9:00 a.m......620
Railroad Commission of Texas
Friday, January 23, 1998, 9:00 a.m......621
Friday, January 23, 1998, 9:30 a.m......621
Texas Real Estate Commission
Friday, January 21, 1998 at 8:00 a.m......621
State Office of Risk Management
Tuesday, January 20, 1998, 10:00 a.m......621
Texas Savings and Loan Department
Friday, February 6, 1998, 9:00 a.m......621
Monday, February 9, 1998, 9:00 a.m......622
Secretary of State
Thursday, January 29, 1998, 2:00 p.m......622
Texas State Board of Social Worker Examiners
Friday, January 23, 1998, 9:00 a.m......622
Boards for Lease of State-owned Lands
Thursday, January 20, 1998, 2:30 p.m......622
Texas State Soil and Water Conservation Board
Thursday, January 15, 1998, 10:00 a.m......622
Wednesday, January 21, 1998, 8:00 a.m......623
Stephen F. Austin State University
Monday, January 19, 1998, 9:00 a.m......623
Monday, January 19, 1998, 11:00 a.m......623
Monday, January 19, 1998, 1:00 p.m......623
Monday, January 19, 1998, 1:30 p.m......623
Tuesday, January 20, 1998, 9:00 a.m......624
Structural Pest Control Board
Monday, February 2, 1998, 9:00 a.m......624
Friday, February 6, 1998, 9:00 a.m......625
Teacher Retirement System of Texas
Friday, January 16, 1998, 1:00 p.m......625
University Interscholastic League
Monday, January 12, 1998, 10:00 a.m......625
The University of Texas System 
Tuesday-Wednesday, January 13-14, 1998, 9:30 a.m. and 7:30 a.m. 
respectively.....625
Texas Workers' Compensation Commission
Friday, January 16, 1998, 9:30 a.m......626
Texas Workforce Commission
Wednesday, January 21, 1998, 10:00 a.m......626
Monday, January 26-28, 1998, 9:30 a.m. and 5:00 p.m. respectively......626
Regional Meetings
****IN ADDITION****
Texas Department of Agriculture
Notice of Extension of Comment Period.....633
Office of the Attorney General
Corrections of Error.....633
Brazos Valley Workforce Development Board
Request for Proposal for the Brazos Valley Workforce Centers.....633
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program.....633
Comptroller of Public Accounts
Notice of Consultant Contract Award.....634
Office of Consumer Credit Commissioner
Notice of Rate Ceilings.....634
Texas Education Agency
Notice of Extention of Deadline.....635
General Services Commission
Notice of Request for Proposals.....635
Harris County Flood Control District
Request for Statements.....636
Texas Department of Health
Licensing Action for Radioactive Materials.....636
Licensing Action for Radioactive Materials.....640
Notice of Emergency Cease and Desist Order.....644
Texas Health Care Information Council
List of Hospitals Exempted from Reporting Requirements.....645
Health and Human Services Commission
Public Notice.....649
Texas Department of Housing and Community Affairs
Notice of Request for Proposal for the Procurement of Services.....650
Request for Proposals for Inspection Services.....650
Texas Department of Human Services
Public Notice-Closed Solicitation for Donley County.....651
Texas Department of Insurance
Insurer Services.....651
Third Party Administrator Application.....651
Legislative Budget Board
Proposed Legislative Budget Board Procedures Pertaining to School Finance 
Studies.....651
Texas Department of Mental Health and Mental Retardation
Notice of Public Presentation on Medicaid Managed Care In Dallas Service 
Area.....652
Texas Natural Resource Conservation Commission
Corrections of Error.....652
Notice of an Application.....652
Notice of Applications for Waste Disposal/Discharge Permits.....653
Notice of Award.....653
Notice of Receipt of Application and Declaration of Administrative 
Completeness.....654
Provisionally-Issued Temporary Permits to Appropriate State Water.....654
Request for Proposal-Texas Community Waste Reduction Outreach Project.....654
Texas Parks and Wildlife Department
Corrections of Error.....655
Texas State Board of Pharmacy
Notification of Meeting of Task Force to Develop a List of Narrow Therapeutic 
Index Drugs.....655
Texas Department of Protective and Regulatory Services
Public Hearing-Services to At-Risk (STAR) Policy Revision......655
Request for Proposal-Level of Care Services Support System.....656
Public Utility Commission of Texas
Notice of Application for Amendment to Service Provider Certificate of Operating 
Authority.....656
Notice of Application for Approval of Recovery of Costs and Lost Revenue 
Pursuant to Public Utility Commission Substantive Rule 23.49(c)(12).....657
Notice of Application for Rate Group Reclassification.....657
Notice of Application for Service Provider Certificate of Operating 
Authority.....657
Notice of Intent to File Pursuant to P.U.C. Substantive Rule 23.27.....658
Notice of Petition for Rulemaking.....658
Notice of Workshop on Customer Survey and Assessment of Interchange.....658
Notice of Workshop on PUC Customer Satisfaction Assessment.....658
Public Notices of Amendment to Interconnection Agreement.....658
Public Notices of Interconnection Agreement.....660
Railroad Commission of Texas
Correction of Errors.....666
Texas State Senate
Job Vacancy Announcement - Executive Director, Texas Legislative Reference 
Library.....666
South East Texas Regional Planning Commission
Request for Proposals.....667
Teacher Retirement System of Texas
Request for Proposals.....667
Texas Department of Transportation
Notice of Intent.....668
Notice of Invitation.....669
Texas Water Development Board
Corrections of Error.....674
Texas Workforce Commission
Request for Proposals.....674
Texas Council on Workforce and Economic Competitiveness
Correction of Error.....675
Proposal for Redesignation.....675