Texas Register
Vol. 23 No. 6
February 6, 1998
Pages 877-1233

****ATTORNEY GENERAL****
Opinion.....885
Request for Opinions.....885
****PROPOSED RULES****
Health and Human Services Commission
Medicaid Managed Care
1 TAC sec.355.7001.....887
Public Utility Commission of Texas
Practice and Procedure
16 TAC sec.sec.22.281, 22.282, 22.284.....888
Plumbing Examiners
Renewals
22 TAC sec.365.5.....889
Texas State Board of Public Accountancy
Professional Conduct
22 TAC sec.501.47.....890
Certification of CPA
22 TAC sec.511.57.....891
Quality Review
22 TAC sec.527.3.....892
Texas Department of Health
Health Planning and Resource Development
25 TAC sec.sec.13.11, 13.13, 13.15, 13.17, 13.18, 13.19.....892
Primary Health Care Services Program
25 TAC sec.sec.39.61-39.75.....896
Shellfish Sanitation
25 TAC sec.sec.241.50-241.100.....896
25 TAC sec.sec.241.50-241.67.....898
Texas Department of Insurance
Property and Casualty Insurance
28 TAC sec.5.5002.....913
28 TAC sec.5.9101.....915
28 TAC sec.5.9302.....916
General Land Office
Land Resources
31 TAC sec.sec.13.60-13.67.....917
Texas County and District Retirement System
Miscellaneous Rules
34 TAC sec.107.4.....918
Texas Youth Commission
Interaction with the Public
37 TAC sec.81.36.....919
Treatment
37 TAC sec.87.3.....919
37 TAC sec.87.51.....920
Program Services
37 TAC sec.91.61.....921
37 TAC sec.91.61.....921
37 TAC sec.91.65.....922
Texas Department of Human Services
Community Living Assistance and Support Services 
40 TAC sec.sec.45.201, 45.203, 45.205, 45.207, 45.209, 45.211, 45.213, 
45.215.....922
40 TAC sec.sec.45.301, 45.303, 45.305, 45.307, 45.309, 45.311, 45.313, 45.315, 
45.317, 45.319, 45.321, 45.323, 45.325, 45.327, 45.329, 45.331, 45.333, 45.335, 
45.337, 45.339, 45.341, 45.343.....924
40 TAC sec.45.401, sec.45.403.....929
Community Care for Aged and Disabled
40 TAC sec.sec.48.6003, 48.6041, 48.6042, 48.6044, 48.6046, 48.6048, 48.6050, 
48.6052, 48.6054, 48.6056, 48.6058, 48.6060, 48.6062, 48.6064, 48.6066, 48.6068, 
48.6070, 48.6072, 48.6074, 48.6076, 48.6078, 48.6080, 48.6082, 48.6084, 48.6086, 
48.6088, 48.6090.....931
Legal Services
40 TAC sec.sec.79.1001-79.1007.....939
40 TAC sec.sec.79.1601-79.1614.....939
40 TAC sec.sec.79.1601-79.1613.....939
Texas Workforce Commission
General Administration
40 TAC sec.sec.800.251-800.255.....948
****WITHDRAWN RULES****
Executive Council of Physical Therapy and Occupational Therapy Examiners
Fees
22 TAC sec.651.1.....951
Texas Department of Insurance
Property and Casualty
28 TAC sec.5.5002.....951
Comptroller of Public Accounts
Tax Administration
34 TAC sec.3.827.....951
Texas Board of Pardons and Paroles
Executive Clemency
37 TAC sec.143.42.....951
37 TAC sec.143.43.....952
Texas Commission for the Deaf and Hard of Hearing 
General Rules of Practice and Procedures
40 TAC sec.181.41.....952
40 TAC sec.181.840.....952
****ADOPTED RULES****
Office of the Governor
Budget and Planning Office
1 TAC sec.sec.5.141-5.147, 5.150, 5.151, 5.167.....953
Public Utility Commission of Texas
Substantive Rules
16 TAC sec.sec.23.131, 23.133, 23.134, 23.136, 23.138, 23.142, 23.143, 23.147, 
23.148, 23.150.....955
16 TAC sec.23.144.....1014
16 TAC sec.23.145.....1017
Texas Higher Education Coordinating Board
Student Services
19 TAC sec.21.509.....1018
19 TAC sec.21.1055, sec.21.1057.....1018
Grant and Scholarship Programs
19 TAC sec.22.103, sec.22.104.....1019
19 TAC sec.sec.22.123, 22.124, 22.125.....1019
22 TAC sec.22.163.....1019
Texas Education Agency
State Adoption and Distribution of Instructional Materials
19 TAC sec.66.28.....1020
Budgeting, Accounting, and Auditing
19 TAC sec.109.41.....1020
Teachers' Professional Practices Commission 
Standards, Ethics, and Practices
19 TAC sec.177.1.....1020
State Board for Educator Certification
Accountability System for Educator Preparation 
19 TAC sec.sec.229.1-229.5.....1021
Professional Educator Preparation and Certifications 
19 TAC sec.sec.230.1-230.4.....1021
19 TAC sec.230.512.....1022
Certificate of Completion of Training for Appraisers 
19 TAC sec.sec.244.1-244.4.....1022
Educators' Code of Ethics
19 TAC sec.247.1, sec.247.2.....1022
State Board of Dental Examiners
Conduct
22 TAC sec.109.103.....1023
22 TAC sec.109.204.....1023
Texas Optometry Board
Continuing Education
22 TAC sec.275.1.....1024
Texas State Board of Public Accountancy
The Board
22 TAC sec.505.10.....1024
Licenses
22 TAC sec.515.11.....1025
22 TAC sec.515.12.....1025
Continuing Professional Education Standards
22 TAC sec.523.23.....1025
Texas Department of Health
HIV and STD Control
25 TAC sec.sec.98.131-98.141.....1026
Permits for Contact Lens Dispensers
25 TAC sec.sec.128.1-128.9.....1026
Radiation Control
25 TAC sec.289.123.....1030
25 TAC sec.289.260.....1031
25 TAC sec.289.126.....1044
25 TAC sec.289.204.....1045
25 TAC sec.sec.289.201, sec.289.202.....1045
25 TAC sec.289.252, sec.289.254.....1062
25 TAC sec.289.257.....1076
Texas Department of Mental Health and Mental Retardation 
Client (Patient) Care
25 TAC sec.sec.405.108, 405.112, 405.117.....1089
Provider Clinical Responsibilities
25 TAC sec.sec.415.101-415.114.....1093
Texas Department of Insurance
General Administration
28 TAC sec.1.414.....1097
28 TAC sec.1.415.....1097
Corporate and Financial Regulation
28 TAC sec.7.1012.....1098
Insurance Premium Finance
28 TAC sec.25.88.....1098
Employees Retirement System
Insurance
34 TAC sec.sec.81.1, 81.3, 81.5, 81.7, 81.9, 81.11.....1099
Deferred Compensation
34 TAC sec.87.1, sec.87.17.....1113
Texas Youth Commission
Treatment
37 TAC sec.87.33.....1114
37 TAC sec.87.71.....1114
Program Services
37 TAC sec.sec.91.41, 91.43, 91.45.....1114
37 TAC sec.sec.91.81, 91.85, 91.91, 91.92, 91.95.....1115
37 TAC sec.91.85.....1115
Youth Discipline
37 TAC sec.95.3.....1116
Secuiryt and Control
37 TAC sec.97.29.....1116
Contracting for Services other than Youth Services 
37 TAC sec.111.1, sec.111.7.....1116
Veterans Land Board
Veterans Homes
40 TAC sec.176.11.....1117
****RULE REVIEW****
Proposed Rule Reviews
Public Utility Commission of Texas.....1119
General Land Office.....1119
****TABLES AND GRAPHICS****
Tables and Graphics.....1121
****OPEN MEETINGS****
Texas Department On Aging
Wednesday, February 11, 1998, 2:00 p.m......1179
Wednesday, February 11, 1998, 2:00 p.m......1179
Thursday, February 12, 1998, 9:30 a.m......1179
Texas Department of Agriculture
Tuesday, February 3, 1998, 1:30 p.m......1180
Tuesday-Wednesday, February 3-4, 1998, 1:00 p.m. and 8:00 a.m. 
respectively.....1180
Texas Agricultural Finance Authority
Friday, February 6, 1998, 9:00 a.m......1180
Texas Commission on Alcohol and Drug Abuse
Thursday, January 29, 1998, 11:00 a.m......1180
Friday, January 30, 1998, 11:00 a.m......1181
Thursday, February 12, 1998, 1:00 p.m......1181
State Board of Barber Examiners
Tuesday, February 3, 1998, 9:00 a.m......1181
Texas Commission for the Blind
Thursday, February 5, 1998, 8:30 a.m......1181
Thursday, February 5, 1998, 10:30 a.m......1181
Thursday, February 5, 1998, 1:00 p.m......1182
Friday, February 6, 1998, 9:00 a.m......1182
Texas Cancer Council
Tuesday, January 27, 1998, 6:00 p.m......1182
Wednesday, January 28, 1998, 9:00 a.m......1183
Texas Board of Chiropractic Examiners
Thursday, February 12, 1998, 9:30 a.m......1183
Comptroller of Public Accounts
Thursday, February 5, 1998, 11:00 a.m......1183
Texas Cosmetology Commission
Monday, February 9, 1998, 10:00 a.m......1183
Monday, February 9, 1998, 10:00 a.m......1183
Tuesday, February 10, 1998, 9:00 a.m......1184
Office of Court Administration
February 16, 1998, 10:00 a.m......1184
Texas Department of Criminal Justice
Friday, January 30, 1998, 9:00 a.m......1184
Daughters of the Republic of Texas, Inc.
Thursday-Friday, February 19-20, 1998, 8:30 a.m......1184
Texas Commission for the Deaf and Hard of Hearing
Saturday, February 7, 1998, 1:00 p.m......1185
Texas Planning Council for Developmental Disabilities
Thursday, February 12, 1998, 1:30 p.m......1185
Thursday, February 12, 1998, 1:30 p.m......1185
Texas Department of Economic Development
Tuesday, February 3, 1998, 1:30 p.m......1185
Wednesday, February 4, 1998, 9:00 a.m......1185
Wednesday, February 4, 1998, 11:20 a.m......1186
State Board for Educator Certification
Friday, February 13, 1998, 9:30 a.m......1186
State Employee Charitable Campaign
Monday, February 23, 1998, 3:00 p.m......1186
General Land Office
Tuesday, February 3, 1998, 10:00 a.m......1186
Office of the Governor
Thursday-Friday, February 5-6, 1998, 10:00 a.m......1187
Thursday, February 12, 1998, 10:00 a.m......1187
Texas Department of Health
Friday, January 30, 1998, 9:30 a.m......1187
Friday, February 13, 1998, 1:00 p.m......1187
Texas Department of Health, Council on Sex Offender Treatment
Friday, February 6, 1998, 8:00 a.m......1188
Friday, February 6, 1998, 9:30 a.m......1188
Friday, February 6, 1998, 8:00 a.m......1188
Texas Health Care Information Council
Tuesday, February 3, 1998, 1:00 p.m......1188
State Committee of Examiners in the Fitting and Dispensing of Hearing 
Instruments
Saturday, February 28, 1998, 10:00 a.m......1189
Texas Higher Education Coordinating Board
Friday, February 6, 1998, 9:30 a.m......1189
Texas Historical Commission 
Friday, January 30, 1998, 8:00 a.m......1189
Friday, January 30, 1998, 10:00 a.m......1189
Texas Department of Insurance
Tuesday, February 17, 1998, 9:00 a.m......1189
Tuesday, February 17, 1998, 9:00 a.m......1189
Tuesday, February 17, 1998, 1:00 p.m......1190
Thursday, February 19, 1998, 9:00 a.m......1190
Thursday, February 19, 1998, 1:00 p.m......1190
Texas Board of Professional Land Surveying
Friday, February 6, 1998, 9:00 a.m., Continued February 7, 1998.....1190
Texas Appraiser Licensing and Certification Board
Wednesday, February 4, 1998, 12:30 p.m......1190
Thursday, February 5, 1998, 8:00 a.m......1191
Thursday, February 5, 1998, 10:00 a.m......1191
Texas Lottery Commission
Wednesday, February 4, 1998, 10:00 a.m......1191
Texas Medical Liability Insurance Underwriting Association (JUA)
Monday, February 23, 1998, 3:00 p.m......1192
Tuesday, February 24, 1998, 9:00 a.m......1192
Texas Natural Resource Conservation Commission
Wednesday, February 4, 1998, at 9:30 a.m. and 1:00 p.m......1192
Wednesday, February 4, 1998, 9:30 a.m......1193
Thursday, February 19, 1998, at 1:30 p.m......1193
Texas Board of Orthotics and Prosthetics
Monday, February 9, 1998, 10:00 a.m......1193
Texas State Board of Pharmacy
Tuesday, February 10, 1998, 9:00 a.m......1193
Texas State Board of Plumbing Examiners
Thursday, January 29, 1998, 9:00 a.m......1193
Tuesday, February 3, 1998, 9:00 a.m......1194
Wednesday, February 11, 1998, 9:00 a.m......1194
Texas Department of Protective and Regulatory Services
Friday, January 30, 1998, 10:00 a.m......1194
Texas State Board of Examiners of Psychologists
Thursday-Friday, February 19-20, 1998, 8:30 a.m......1194
Public Utility Commission of Texas
Thursday, February 26, 1998, 10:00 a.m......1195
Wednesday, March 4, 1998, 9:00 a.m......1195
Monday, March 9, 1998, 10:00 a.m......1195
Texas Department of Public Safety
Thursday, February 12, 1998, 3:00 p.m......1195
Texas Low-Level Radioactive Waste Disposal Authority
Friday, February 13, 1998, 10:00 a.m......1195
Texas Real Estate Commission
Monday, February 2, 1998, 9:30 a.m......1195
Texas Savings and Loan Department
Wednesday, February 25, 1998, 9:00 a.m......1196
State Seed and Plant Board
Friday, January 30, 1998, 9:30 a.m......1196
Thursday, February 12, 1998, 9:00 a.m......1196
Thursday, February 12, 1998, 10:00 a.m......1196
Texas Senate
Tuesday, February 10, 1998, 10:00 a.m......1197
Wednesday, February 11, 1998, 10:00 a.m......1197
Structural Pest Control Board
Tuesday, February 10, 1998, 9:15 a.m......1197
Texas State Technical College System
Friday, January 30, 1998, 7:30 a.m......1198
Friday, January 30, 1998, 1:00 p.m......1198
Friday, January 30, 1998, 1:10 p.m......1198
Texas Department of Transportation
Thursday, January 29, 1998, 9:00 a.m......1198
Thursday, January 29, 1998, 3:00 p.m......1198
Thursday, February 12, 1998, 9:30 a.m......1198
The University of Houston System
Monday, February 2, 1998, 8:00 a.m......1199
The University of Texas at Austin
Monday, January 26, 1998, 9:00 a.m......1199
The University of Texas Health Center at Tyler
Thursday, February 5, 1998, Noon......1199
Texas On-Site Wastewater Treatment Research Council
Thursday, February 12, 1998, 10:00 a.m......1199
Texas Workforce Commission
Tuesday, February 3, 1998, 9:00 a.m......1199
Texas Council on Workforce and Economic Competitiveness
Friday, February 6, 1998, 9:00 a.m......1200
Regional Meetings
****IN ADDITION****
Office of the Attorney General
Notice Regarding Private Real Property Rights Preservation Act (SB 14) 
Guidelines.....1205
Request for Proposal.....1205
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program.....1208
Comptroller of Public Accounts
Notices of Consultant Contract Award.....1209
Office of Consumer Credit Commissioner
Notice of Rate Ceilings.....1209
Fire Fighters' Pension Commissioner
Request for Proposals for Investment Consulting Services for the Texas Statewide 
Emergency Services Retirement Fund Administered by the Office of the Fire 
Fighters' Pension Commissioner.....1210
General Land Office
Notice of Public Hearings.....1210
General Services Commission
Notice to Bidders.....1210
Office of the Governor
Invitation for Proposals for Consulting Services.....1211
Texas Department of Health
Licensing Action for Radioactive Materials.....1211
Notice of Intent to Revoke Certificates of Registration.....1214
Notice of Intent to Revoke Radioactive Material Licenses.....1215
Notices of Revocation of Radioactive Material License.....1215
Health and Human Services Commission 
Long Term Care Plan for People with Mental Retardation and Related 
Conditions.....1215
Notice of Public Hearing.....1219
Texas Department of Human Services
Notice of Public Hearing — Community Based Alternatives (CBA) and 
Community Living Assistance and Support Services (CLASS) Programs.....1220
Texas Department of Insurance
Insurer Services.....1220
Name Applications.....1220
Notice of Applications by Small Employer Carriers to be Risk-Assuming 
Carriers.....1220
Texas Lottery Commission
Invitation for Bids to Obtain Postscript Output Services.....1221
Texas Department of Mental Health and Mental Retardation 
Notice to Bidders.....1221
Request for Offers of Consulting Services.....1221
Texas Natural Resource Conservation Commission 
Consultant Contract.....1222
Notice of Invitation for Bids.....1222
Texas State Board of Plumbing Examiners 
Request for Proposal.....1223
Texas State Board of Pharmacy
Notice of Meeting.....1224
Texas Department of Public Safety
Public Hearing Notice.....1224
Public Utility Commission of Texas
Application In Compliance With Substantive Rule 23.67.....1225
Application To Revise Tariff To Clarify The Applicability of Load Management 
Interruption Credit.....1225
Notice of Application for Amendment to Service Provider Certificate of Operating 
Authority.....1225
Notices of Application for Service Provider Certificate of Operating 
Authority.....1225
Notice of Changes to Earnings Report Forms.....1226
Notice of Intent To File Pursuant To Public Utility Commission Substantive Rule 
23.27.....1227
Notices of Intent to File Pursuant to Public Utility Commission Substantive Rule 
23.28.....1227
Notice of Workshop Relating to Entry of Incumbent Local Exchange Carriers into 
InterLATA Markets.....1228
Public Notices of Interconnection Agreement.....1228
Texas Department of Transportation
Notice of Invitation.....1230
Public Notice.....1232
Stephen F. Austin University
Notice of Consultant Contract Award-Admissions Standards Study.....1232
Notice of Consultant Contract Award - University Housing Study.....1233