Texas Register
Vol. 23 No. 5
January 30, 1998
Pages 677-876

****GOVERNOR****
Office of the Governor
Appointments Made January 8, 1998.....685
Appointments Made January 13, 1998.....685
Appointments Made January 21, 1998.....686
****ATTORNEY GENERAL****
Letter Opinions.....687
Opinion.....687
Request for Opinions.....687
Open Records Request.....687
****PROPOSED RULES****
Office of the Secretary of State
Elections
1 TAC sec.81.117, sec.81.121.....689
Texas Department of Agriculture
Boll Weevil Eradication Program
4 TAC sec.3.112.....690
Texas Animal Health Commission
Brucellosis
4 TAC sec.35.2.....690
4 TAC sec.35.3.....692
4 TAC sec.35.6.....692
Equine
4 TAC sec.49.1.....693
Public Utility Commission of Texas
Substantive Rules
16 TAC sec.sec.23.1, 23.2, 23.4.....694
16 TAC sec.23.98.....695
Substantive Rules Applicable to Electric Service Providers
16 TAC sec.sec.25.1, 25.2, 25.3, 25.4.....697
Substantive Rules Applicable to Telecommunications Service Providers
16 TAC sec.sec.26.1, 26.2, 26.3, 26.4.....698
Texas Motor Vehicle Board
Advertising Rules
16 TAC sec.105.25, sec.105.26.....699
16 TAC sec.105.26.....701
Texas Racing Commission
General Provisions
16 TAC sec.303.4.....701
Licenses for Pari-mutuel Racing
16 TAC sec.305.244.....702
Practice and Procedure
16 TAC sec.307.302.....702
Operation of Racetracks
16 TAC sec.309.18.....703
Disciplinary Action and Enforcement
16 TAC sec.323.2.....704
Texas State Board of Plumbing Examiners
Administration
22 TAC sec.361.1.....704
Examination
22 TAC sec.363.1.....705
22 TAC sec.363.11.....706
Enforcement
22 TAC sec.367.3.....706
Texas Real Estate Commission
Provisions of the Real Estate License Act
22 TAC sec.sec.535.1-535.4.....707
22 TAC sec.sec.535.12, 535.14-535.17, 535.20.....708
22 TAC sec.535.31, sec.535.33.....709
22 TAC sec.535.41.....709
22 TAC sec.sec.535.51-535.53, 535.61, 535.62, 535.66, 535.68, 535.70.....710
Texas Department of Health
Zoonosis Control
25 TAC sec.sec.169.21-169.24, sec.sec.169.26-169.31, 169.33-169.34.....712
Texas Department of Mental Health and Mental Retardation
ICF/MR Programs
25 TAC sec.406.215.....717
Texas Department of Insurance
General Administration
28 TAC sec.1.205.....717
Texas Commission on Alcohol and Drug Abuse
Investigations and Hearings
40 TAC sec.sec.142.31, 142.32.....718
Approved Drug Offender Education Program
40 TAC sec.sec.147.1-147.9.....720
40 TAC sec.sec.147.31-147.44.....720
Court Commitments
40 TAC sec.sec.149.1, 149.13, 149.15, 149.16.....721
40 TAC 149.21, 149.22, 149.31, 149.32, 149.54.....723
Approved Alcohol Awareness Programs
40 TAC sec.sec.152.1-152.8.....723
40 TAC sec.sec.152.20-152.33.....724
DWI Education Program Standards and Procedures
40 TAC sec.sec.153.1-153.19.....724
40 TAC sec.sec.153.31-153.42.....725
Offender Education Programs
40 TAC sec.sec.153.1-153.8.....726
40 TAC sec.sec.153.32-153.36, 153.41-153.44, 153.51-153.55.....728
DWI Repeat Offender Program Standards and Procedures
40 TAC sec.sec.154.1-154.8.....731
40 TAC sec.sec.154.20-154.32.....732
Texas Department of Transportation Board of Directors of the Texas Turnpike 
Authority Division
Management
43 TAC sec.50.2.....733
43 TAC sec.50.32.....733
43 TAC sec.sec.50.41-50.43.....735
****WITHDRAWN RULES****
Texas Animal Health Commission
Brucellosis
4 TAC sec.35.2.....737
Equine
4 TAC sec.49.1.....737
Texas Department of Health
Birthing Centers
25 TAC sec.137.35.....737
****ADOPTED RULES****
Texas Animal Health Commission
Brucellosis
4 TAC sec.35.1.....739
Tuberculosis
4 TAC sec.43.1.....739
Equine
4 TAC sec.49.2.....739
Interstate Shows and Fairs
4 TAC sec.51.1.....740
4 TAC sec.51.2.....740
4 TAC sec.51.4.....740
4 TAC sec.51.6.....741
Texas Department of Housing and Community Affairs
Texas Community Development Program
10 TAC sec.9.1, sec.9.7.....741
Housing Trust Fund Rules
10 TAC sec.sec.51.1-51.18.....742
Texas Racing Commission
Licenses for Pari-Mutuel Racing
16 TAC sec.305.33.....749
16 TAC sec.305.70.....749
Practice and Procedure
16 TAC sec.307.261.....750
Conduct and Duties of Individuals
16 TAC sec.311.106.....750
Officials and Rules of Horse Racing
16 TAC sec.313.21.....750
16 TAC sec.313.22.....751
16 TAC sec.313.166.....751
16 TAC sec.313.406.....751
Officials and Rules for Greyhound Racing
16 TAC sec.315.2, sec.315.3.....752
Board of Nurse Examiners
Nurse Education
22 TAC sec.sec.215.2-215.6, 215.14, 215.20.....752
22 TAC sec.215.14, sec.215.20.....753
Licensure and Practice
22 TAC sec.217.5.....753
Advanced Practice Nurses
22 TAC sec.221.1, sec.221.12.....753
Advanced Practice Nurses with Limited Prescriptive Authority
22 TAC sec.222.1.....754
Texas State Board of Plumbing Examiner
Administration
22 TAC sec.361.22.....754
22 TAC sec.361.28.....754
Licensing
22 TAC sec.365.11.....755
22 TAC sec.365.12.....755
Enforcement
22 TAC sec.367.1.....755
Texas Department of Health
Communicable Diseases
25 TAC sec.97.63.....755
25 TAC sec.sec.97.121, 97.123-97.125.....756
25 TAC sec.97.122.....756
Birthing Centers
25 TAC sec.sec.137.1-137.11.....763
25 TAC sec.sec.137.1-137.4.....763
25 TAC sec.sec.137.11-137.13.....766
25 TAC sec.sec.137.21-137.23.....769
25 TAC sec.sec.137.31-137.34, 137.36-137.55.....772
General Land Office
Exploration and Leasing of Oil and Gas
31 TAC sec.9.7.....781
Exploration and Development of State Minerals Other than Oil and Gas
31 TAC sec.10.8.....782
Texas Water Development Board
Water Banking
31 TAC sec.sec.359.1-359.3, 359.8, 359.11, 359.15.....782
Financial Assistance Programs
31 TAC sec.363.33.....783
31 TAC sec.363.209.....783
Agricultural Water Conservation Program
31 TAC sec.367.74.....784
31 TAC sec.sec.367.71, 367.72, 367.74, 367.77.....784
Drinking Water State Revolving Fund
31 TAC sec.371.22.....785
31 TAC sec.371.52.....785
State Water Pollution Control Revolving Fund
31 TAC sec.375.21.....785
31 TAC sec.375.52.....786
Comptroller of Public Accounts
Central Administration
34 TAC sec.1.33.....786
Funds Management (Fiscal Affairs)
34 TAC sec.5.61.....786
Property Tax Administration
34 TAC sec.9.17.....796
34 TAC sec.9.402.....796
34 TAC sec.9.415.....796
34 TAC sec.9.803.....798
34 TAC sec.9.3015.....798
34 TAC sec.9.3031.....799
34 TAC sec.9.3038.....799
34 TAC sec.9.3042.....799
34 TAC sec.9.3055.....799
34 TAC sec.9.3064.....800
34 TAC sec.9.4033.....800
34 TAC sec.9.5141.....800
Texas Rehabilitation Commission
Legal Services
40 TAC sec.110.1.....801
Texas Commission on Alcohol and Drug Abuse
General Provisions
40 TAC sec.sec.141.1-141.6, 141.8-141.14, 141.31, 141.33, 141.34, 141.41, 
141.51, 141.61.....801
40 TAC sec.sec.141.11, 141.21, 141.31.....801
Faith Based Chemical Dependency Programs
40 TAC sec.sec.145.11, 145.21-145.25.....802
Facility Licensure
40 TAC sec.148.2.....803
40 TAC sec.148.3.....803
40 TAC sec.148.26.....804
40 TAC sec.148.41.....804
40 TAC sec.148.61.....804
40 TAC sec.148.119.....805
40 TAC sec.148.163.....806
40 TAC sec.148.202.....806
40 TAC sec.148.234.....806
Counselor Licensure
40 TAC sec.sec.150.3-150.8, 150.10, 150.31-150.33, 150.36-150.39, 150.52, 
150.53, 150.61.....807
40 TAC sec.sec.150.71-150.73.....811
****EXEMPT FILINGS****
Texas Department of Insurance
ADOPTED ACTION.....813
****RULE REVIEW****
Agency Rule Review Plans
Public Utility Commission of Texas.....817
Texas Board of Professional Land Surveying.....817
Texas State Board of Pharmacy.....817
Texas Rehabilitation Commission.....817
Texas Credit Union Department.....817
Texas State Board of Public Accountancy.....817
Proposed Rule Reviews
Public Utility Commission of Texas.....817
Texas State Board of Pharmacy.....817
Texas Board of Professional Land Surveying.....818
****TABLES AND GRAPHICS****
Tables and Graphics
Tables and Graphics.....819
****OPEN MEETINGS****
Texas State Board of Acupuncture Examiners
Monday, January 26, 1998, 9:00 a.m......827
Monday, January 26, 1998, 9:00 a.m......827
Monday, January 26, 1998, 10:00 a.m......827
State Office of Administrative Hearings 
Thursday, February 5, 1998, 9:00 a.m......828
Friday, February 6, 1998, 10:00 a.m......828
Monday, March 9, 1998, 10:00 a.m......828
Texas Department on Aging (TDoA)
Tuesday, February 10, 1998, 10:00 a.m......828
Wednesday, February 11, 1998, 9:30 a.m......829
State Aircraft Pooling Board
Tuesday, January 27, 1998, 9:00 a.m......829
Texas Alcoholic Beverage Commission
Monday, January 26, 1998, 1:30 p.m......829
Texas Board of Architectural Examiners 
Thursday, January 29, 1998, 8:30 a.m......829
Thursday, January 29, 1998, 10:45 a.m......830
Thursday, January 29, 1998, 1:30 p.m......830
Thursday, January 30, 1998, 8:30 a.m......830
Texas Bond Review Board
Thursday, January 22, 1998, 10:00 a.m......830
State Cemetery Committee
Thursday, January 29, 1998, 10:00 a.m......831
Texas Corn Producers Board
Wednesday, January 28, 1998, 8:00 a.m......831
Thursday, January 29, 1998, 8:00 a.m......831
Office of Court Administration
Thursday, February 12, 1998, 10:00 a.m......832
Texas Court Reporters Certification Board 
Saturday, January 24, 1998, 9:00 a.m......832
Texas Department of Criminal Justice 
Friday, January 23, 1998, 9:00 a.m......832
Thursday, January 29, 1998, 12:00 p.m......833
Thursday, January 29, 1998, 1:00 p.m......833
Thursday, January 29, 1998, 2:00 p.m......833
Thursday, January 29, 1998, 4:00 p.m......833
Texas Diabetes Council
Friday, January 30, 1998, 1:00 p.m......834
Texas Education Agency (TEA)
Tuesday, January 27, 1998, 12:15 p.m......834
Friday, February 6, 1998, 4:30 p.m......834
State Employee Charitable Campaign
Wednesday, January 21, 1998, 10:00 a.m......834
Wednesday, January 28, 1998, 3:00 p.m......835
Fire Fighters' Pension Commission
Friday, January 23, 1998, 8:30 a.m......835
Texas Funeral Service Commission
Monday, January 26, 1998, 1:00 p.m......835
Monday, January 26, 1998, 2:00 p.m......835
Monday, January 26, 1998, 4:00 p.m......835
Tuesday-Wednesday, January 27-28, 1998, 9:00 a.m. and 2:00 p.m. 
respectively.....836
Wednesday, January 28, 1998, 8:30 a.m......836
General Services Commission
Tuesday, January 27, 1998, 9:30 a.m......836
Texas Department of Health 
Friday, January 23, 1998, 10:00 a.m......836
Friday, January 30, 1998, 10:00 a.m......837
Friday, January 30, 1998, 3:00 p.m......837
Texas Health Care Information Council
Thursday, January 29, 1998, 4:00 p.m......837
Friday, January 30, 1998, 8:00 a.m......837
Friday, January 30, 1998, 8:00 a.m......837
Friday, January 30, 1998, 9:15 a.m......838
Friday, January 30, 1998, 10:00 a.m......838
Texas Health Insurance Risk Pool ("Health Pool")
Thursday, January 22, 1998, 9:00 a.m......838
Texas Health Kids Corporation ("THKC")
Wednesday, January 28, 1998, 9:30 a.m......838
Texas Historical Commission
Wednesday, January 28, 1998, 2:00 p.m......838
Thursday, January 29, 1998, 8:00 a.m......839
Thursday, January 29, 1998, 10:30 a.m......839
Thursday, January 29, 1998, 1:00 p.m......839
Thursday, January 29, 1998, 1:30 p.m......839
Thursday, January 29, 1998, 3:45 p.m......840
Friday, January 30, 1998, 8:00 a.m......840
Friday, January 30, 1998, 8:00 a.m......840
Friday, January 30, 1998, 10:00 a.m......840
Texas State Affordable Housing Corporation
Monday, January 26, 1998, 1:00 p.m......840
Texas Department of Housing and Community Affairs
Saturday, January 24, 1998, 10:00 a.m......841
Monday, January 26, 1998, 8:00 a.m......841
Monday, January 26, 1998, 8:30 a.m......841
Monday, January 26, 1998, 9:00 a.m......841
Monday, January 26, 1998, 10:00 a.m......841
Wednesday, January 28, 1998, 10:00 a.m......842
Texas Department of Human Services
Friday, January 23, 1998, 10:00 a.m......842
Texas Department of Insurance
Monday, January 26, 1998, 9:00 a.m......842
Wednesday, February 4, 1998, 1:00 p.m......842
Monday, February 9, 1998, 1:00 p.m......842
Tuesday, February 10, 1998, 9:00 a.m......842
Tuesday, February 10, 1998, 1:00 p.m......843
Commission on Jail Standards
Thursday, January 29, 1998, 9:00 a.m......843
Boards for Lease of State-owned Lands
Thursday, January 22, 1998, 3:00 p.m......843
Legislative Budget Board
Wednesday, February 4, 1998, 9:00 a.m. -- revised time.....843
Texas Department of Licensing and Regulation
Wednesday, January 28, 1998, 9:00 a.m......843
Wednesday, January 28, 1998, 1:00 p.m......844
Texas Life, Accident, Health and Hospital Service Insurance Guaranty Association
Tuesday, January 27, 1998, 9:00 a.m......844
Midwestern State University
Tuesday, January 20, 1998, 3:00 p.m......844
Texas Natural Resource Conservation Commission
Thursday, January 22, 1998, 1:30 p.m......844
Wednesday, March 4, 1998, 9:00 a.m......844
Wednesday, March 18, 1998, 9:30 a.m......845
Texas State Board of Plumbing Examiners
Tuesday, February 3, 1998, 9:00 a.m......845
Public Utility Commission of Texas
Thursday, January 22, 1998, 10:00 a.m......845
Friday, January 23, 1998, 9:00 a.m......845
Monday, January 26, 1998, 10:00 a.m......846
Monday, January 26, 1998, 10:00 a.m......846
Friday-Saturday, January 30-31, 1998, 6:00 p.m. and 7:00 a.m. 
respectively.....846
Railroad Commission of Texas
Monday, January 26, 1998, 9:30 a.m......846
Texas Rehabilitation Commission
Thursday, January 29, 1998, 9:00 a.m......846
Friday, January 30, 1998, 9:00 a.m......846
Teacher Retirement System of Texas
Friday, January 23, 1998, 11:00 a.m......847
The Texas A&M University System Board of Regents
Wednesday, January 21, 1998, 9:30 a.m......847
Wednesday, January 21, 1998, 2:00 p.m......847
Wednesday, January 21, 1998, 3:45 p.m......847
Wednesday, January 21, 1998, 6:00 p.m......847
Thursday, January 22, 1998, 8:30 a.m......847
Thursday, January 22, 1998, 10:10 a.m......848
Thursday, January 22, 1998, 10:30 a.m......848
Thursday, January 22, 1998, 11:15 a.m., or upon recess or adjournment of 
Committee on Academic and Student Affairs Meeting......848
Texas Southern University
Thursday, February 5, 1998, 10:00 a.m......848
Thursday, February 5, 1998, 11:15 a.m......848
Thursday, February 5, 1998, 12:30 p.m......849
Thursday, February 5, 1998, 1:15 p.m......849
Thursday, February 5, 1998, 2:15 p.m......849
Friday, February 6, 1998, 8:30 a.m......849
University of Houston
Monday, January 26, 1998, 1:00 p.m......849
U.T. M.D. Anderson Cancer Center
Tuesday, January 20, 1998, 9:00 a.m......849
University of Texas Health Science Center at San Antonio
Wednesday, January 28, 1998, 3:00 p.m......849
Texas Windstorm Insurance Association
Tuesday, February 3, 1998, 9:00 a.m......850
Texas Workers' Compensation Insurance Fund
Tuesday, January 27, 1998, 7:00 p.m......850
Tuesday, January 27, 1998, 8:00 p.m......850
Wednesday, January 28, 1998, 1:00 p.m......850
Regional Meetings
****IN ADDITION****
Texas Department of Agriculture
Notice of Public Hearing.....855
Office of the Attorney General
Notice of Settlement of Hazardous Waste Enforcement Case.....855
Texas Credit Union Department
Application(s) to Expand Field of Membership.....856
General Land Office
Correction of Errors.....856
General Services Commission
Notice of Request for Proposals Extension.....856
Harris County Flood Control District
Request for Statements.....857
Texas Department of Health
Correction of Errors.....857
Designation of Site Serving Medically Underserved Populations - Kashmere Multi-
Service Center.....857
Designation of Site Serving Medically Underserved Populations.....857
Texas Department of Housing and Community Affairs
Notice of Administrative Hearing MHD1998000996R.....858
Texas Department of Human Services
Request for Proposal for the Delivery of Case Management Services for the CLASS 
Program.....858
Deadline Extension of Request for Proposal for the Delivery of Service for the 
CLASS Program.....859
Public Hearing-Proposed Rules on Pooled Trusts.....859
Texas Department of Insurance
Notice of Texas Title Insurance Hearing.....859
Texas Lottery Commission
Invitation for Bids for Court Reporter Services.....860
Request for Proposals.....861
Texas Natural Resource Conservation Commission
Enforcement Orders.....861
Notice of Application for Municipal Solid Waste Management Facility 
Permit.....863
Notice of Availability and Request for Public Comment.....863
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions.....863
Notice of Public Meeting-Waste Reduction Advisory Committee.....866
Provisionally-Issued Temporary Permits to Appropriate State Water.....866
North Central Texas Council of Governments
Notification to Secretary of State Information for Texas Register.....866
Texas State Board of Examines of Psychologists
Correction of Errors.....867
Public Utility Commission of Texas
Notices of Application for Approval of Certain Depreciation Rates.....867
Notices of Application for Approval of Special Amortization.....867
Notice of Application for Service Provider Certificate of Operating 
Authority.....868
Notice of Intent to File Pursuant to P.U.C. Substantive Rule 23.27.....869
Notice of Intent to File Pursuant to Public Utility Commission Substantive Rule 
sec.23.27.....869
Public Notice of Interconnection Agreement.....869
Texas Department of Transportation
Notice of Hearing.....870
Notices of Invitation.....871
Public Notice.....874
Public Notice.....874
Texas Workforce Commission
Request for Proposals.....875
Texas Council on Workforce and Economic Competitiveness
Correction of Errors.....876