Texas Register Vol. 23 No. 7 February 13, 1998 Pages 1235-1432 ****ATTORNEY GENERAL*** Opinions.....1243 ****TEXAS ETHICS COMMISSION**** Opinions.....1245 ****PROPOSED RULES**** Health and Human Services Commission Medicaid Reimbursement Rates 1 TAC sec.sec.355.307, 355.401.....1247 Credit Union Department Chartering, Operations, Mergers, Liquidations 7 TAC sec.91.103.....1248 7 TAC sec.91.104.....1249 7 TAC sec.91.701.....1249 7 TAC sec.91.1003.....1250 7 TAC sec.91.3001, sec.91.3002.....1252 Commission Policies and Administrative Rules 7 TAC sec.97.113.....1253 Railroad Commission of Texas Transportation Division 16 TAC sec.5.802.....1254 State Board of Dental Examiners Dental Licensure 22 TAC sec.101.2.....1255 Fees 22 TAC sec.102.1.....1256 Dental Hygiene Licensure 22 TAC sec.103.4.....1257 Continuing Education 22 TAC sec.104.1.....1258 Dental Board Procedures 22 TAC sec.107.63.....1259 Texas Department of Mental Health and Mental Retardation Medicaid Programs 25 TAC sec.sec.409.517, 409.519, 409.521, 409.523, 409.525, 409.527, 409.529, 409.531, 409.533, 409.535, 409.537, 409.539, 409.541.....1260 Texas Department of Insurance Property and Casualty Insurance 28 TAC sec.5.501.....1263 Agent's Licensing 28 TAC sec.19.802.....1265 Texas Department of Criminal Justice Institutional Division 37 TAC sec.152.51.....1266 Special Programs 37 TAC sec.159.9.....1267 Texas Department of Human Services Nursing Facility Requirements for Licensure and Medicaid Certification 40 TAC sec.19.901.....1268 Texas Board of Occupational Therapy Examiners Definitions 40 TAC sec.362.1.....1269 Provision of Services 40 TAC sec.372.1.....1269 Supervision 40 TAC sec.373.1.....1270 Texas Department of Transportation Vehicle Titles and Registration 43 TAC sec.sec.17.21, 17.23.....1272 43 TAC sec.17.24.....1273 43 TAC sec.17.50.....1276 Motor Carriers 43 TAC sec.18.2.....1278 43 TAC 18.80, 18.82, 18.84, 18.88, 18.89, 18.91-18.93.....1279 43 TAC sec.18.94.....1283 43 TAC sec.sec.18.94-18.96.....1283 ****WITHDRAWN RULES**** Office of the Secretary of State Texas Register 1 TAC sec.91.91.....1287 1 TAC sec.91.121, sec.91.122.....1287 Credit Union Department Chartering, Operations, Mergers, Liquidations 7 TAC sec.91.103.....1287 ****ADOPTED RULES**** Office of the Secretary of State Texas Register 1 TAC sec.91.1.....1293 1 TAC sec.91.12.....1293 1 TAC sec.sec.91.19, 91.21-91.26, 91.31.....1294 1 TAC sec.sec.91.41-91.43.....1294 1 TAC sec.91.51.....1294 1 TAC sec.sec.91.71-91.75.....1294 1 TAC sec.91.91, sec.91.97.....1294 1 TAC sec.91.124.....1295 1 TAC sec.sec.91.131-91.135.....1295 1 TAC sec.sec.91.1, 91.7, 91.9, 91.11, 91.13, 91.15, 91.17, 91.19, 91.21, 91.23, 91.25, 91.27, 91.29, 91.31.....1295 1 TAC sec.sec.91.61, 91.63, 91.65, 91.67, 91.69, 91.71, 91.73, 91.75, 91.77.....1297 General Services Commission Executive Administration Division 1 TAC sec.111.25.....1300 Building and Property Services Division 1 TAC sec.115.50.....1301 Texas Department of Information Resources Planning and Management of Information Resources Technologies 1 TAC sec.201.2.....1301 1 TAC sec.201.13.....1301 1 TAC sec.201.16.....1302 Credit Union Department Chartering, Operations, Mergers, Liquidations 7 TAC sec.91.705.....1302 Commission Policies and Administrative Rules 7 TAC sec.97.103.....1303 7 TAC sec.97.106.....1304 Texas Department of Licensing and Regulation Industrialized Housing and Buildings 16 TAC sec.sec.70.20, 70.22, 70.23, 70.50, 70.60, 70.61, 70.70, 70.71, 70.75, 70.80.....1305 Texas Medical Disclosure Panel Informed Consent 25 TAC sec.sec.601.4, 601.6, 601.8.....1307 Texas Department of Insurance Life, Accident, Health Insurance and Annuities 28 TAC sec.3.13001.....1309 Independent Review Organizations 28 TAC sec.12.208.....1313 Employee Retirement System of Texas Flexible Benefits 34 TAC sec.sec.85.1, 85.3, 85.5, 85.7, 85.13.....1313 Texas Department of Criminal Justice Community Justice Assistance Division Standards 37 TAC sec.163.34.....1314 Texas Department of Human Services Nursing Facility Requirements for Licensure and Medicaid Certification 40 TAC sec.19.1.....1318 40 TAC sec.19.101.....1318 40 TAC sec.sec.19.201, 19.204, 19.205, 19.209, 19.210, 19.212, 91.214, 91.216.....1319 40 TAC sec.19.326.....1320 40 TAC sec.sec.19.401, 19.403, 19.408, 19.415.....1320 40 TAC sec.19.502, sec.19.503.....1320 40 TAC sec.19.601, sec.19.602.....1321 40 TAC sec.19.801.....1321 40 TAC sec.19.1001, sec.19.1010.....1322 40 TAC sec.19.1101, sec.19.1104.....1322 40 TAC sec.sec.19.1912, 19.1918, 19.1920, 19.1921.....1322 40 TAC sec.sec.19.2002, 19.2004, 19.2008.....1322 40 TAC sec.19.2102.....1323 40 TAC sec.sec.19.2104, 19.2106, 19.2110-19.2112, 19.2114, 19.2115.....1323 40 TAC sec.sec.19.2146-19.2148.....1325 40 TAC sec.19.2147.....1325 40 TAC sec.19.2308, sec.19.2320.....1325 Texas Department of Transportation Traffic Operation 43 TAC sec.25.12.....1325 43 TAC sec.sec.25.601-25.603.....1326 43 TAC sec.sec.25.700-25.708.....1327 Oversize and Overweight Vehicles and Loads 43 TAC sec.sec.28.90-28.92.....1328 Maintenance 43 TAC sec.29.3.....1332 ****EXEMPT FILINGS**** Proposed Action.....1335 ****RULE REVIEW**** Agency Rule Review Plan Texas Department of Criminal Justice.....1337 ****TABLES AND GRAPHICS**** Tables and Graphics.....1339 ****OPEN MEETINGS**** Texas State Board of Public Accountancy Thursday, February 19, 1998, 9:00 a.m......1367 State Office of Administrative Hearings Tuesday, February 10, 1998, 10:00 a.m......1367 Thursday, March 12, 1998, 9:30 a.m......1367 Automobile Theft Prevention Authority Thursday, February 12, 1998, 9:00 a.m......1368 State Board of Barber Examiners and Texas Cosmetology Commission Tuesday, February 10, 1998, 9:00 a.m......1368 Texas Bond Review Board Tuesday, February 10, 1998, 10:00 a.m......1368 Coastal Coordination Council Wednesday, February 11, 1998, 1:30 p.m......1368 Office of Court Administration Thursday, February 19, 1998, 10:00 a.m......1369 State Board of Dental Examiners Friday, February 20, 1998, 8:30 a.m......1369 Texas Planning Council for Developmental Disabilities Thursday, February 12, 1998, 10:00 a.m......1369 Friday, February 13, 1998, 8:30 a.m......1370 Texas Education Agency (TEA) Wednesday, February 25, 1998, 8:30 a.m......1370 Texas Board of Professional Engineers Tuesday, February 17, 1998, 2:00 p.m......1370 Tuesday-Wednesday, February 17-18, 1998, 9:00 a.m......1370 Texas Ethics Commission Friday, February 13, 1998, 9:30 a.m......1371 Finance Commission of Texas Friday, February 20, 1998, 8:30 a.m......1371 Office of the Governor Tuesday, February 17, 1998, 9:00 a.m......1371 Tuesday, March 17, 1998, 9:00 a.m......1372 Tuesday, April 21, 1998, 9:00 a.m......1372 Tuesday, May 19, 1998, 9:00 a.m......1372 Tuesday, June 16, 1998, 9:00 a.m......1372 Tuesday, July 21, 1998, 9:00 a.m......1372 Tuesday, August 18, 1998, 9:00 a.m......1372 Texas Department of Health (TDH) Saturday, February 7, 1998, 10:00 a.m......1373 Saturday, February 7, 1998, 1:00 p.m......1373 Saturday, February 7, 1998, 2:00 p.m......1373 Saturday, February 7, 1998, 4:00 p.m......1373 Sunday, February 8, 1998, 8:30 a.m......1374 Friday, February 13, 1998, 9:30 a.m......1374 Friday, February 13, 1998, 10:15 a.m......1374 Friday, February 13, 1998, 11:00 a.m......1374 Friday, February 13, 1998, 11:00 a.m......1375 Friday, February 20, 1998, 10:00 a.m......1375 Saturday, February 21, 1998, 9:30 a.m......1375 Saturday, February 21, 1998, 11:00 a.m......1375 Saturday, February 21, 1998, 1:00 p.m......1375 Texas Healthy Kids Corporation ("THKC") Thursday, February 5, 1998, 3:00 p.m......1376 Texas Health Reinsurance System Tuesday, February 10, 1998, 9:00 a.m......1376 Texas Higher Education Coordinating Board Wednesday, February 18, 1998; 8:00 a.m......1376 Thursday, February 19, 1998; 8:00 a.m......1376 Texas Historical Commission Saturday, February 14, 1998, 8:30 a.m......1377 Texas House of Representatives Friday, February 20, 1998, 10:30 a.m......1377 Texas Department of Human Services (TDHS) Thursday, February 19, 1998, 10:00 a.m......1377 Texas Department of Insurance Friday, February 13, 1998, 9:00 a.m......1377 Monday, February 23, 1998, 9:00 a.m......1377 Monday, February 23, 1998, 9:00 a.m......1378 Monday, February 23, 1998, 9:00 a.m......1378 Thursday, February 26, 1998, 9:00 a.m......1378 Board of Law Examiners Thursday, February 12, 1998, 8:30 a.m......1378 Friday, February 13, 1998, 8:30 a.m......1378 Saturday, February 14, 1998, 8:30 a.m......1378 Texas Department of Licensing and Regulation Wednesday, February 11, 1998, 9:00 a.m......1378 Wednesday, February 11, 1998, 1:00 p.m......1379 Texas Lottery Commission Wednesday, February 11, 1998, 10:00 a.m......1379 Texas State Board of Medical Examiners Thursday, February 5, 1998, 9:00 a.m. and Saturday, February 7, 1998, 8:30 a.m......1379 Thursday, February 5, 1998, 10:30 a.m......1380 Thursday, February 5, 1998, 10:30 a.m......1380 Thursday, February 5, 1998, 1:00 p.m......1380 Thursday, February 5, 1998, 1:00 p.m......1381 Friday, February 6, 1998, 8:30 a.m......1381 Friday, February 6, 1998, 9:00 a.m......1381 Friday, February 6, 1998, 9:30 a.m......1381 Friday, February 6, 1998, 10:30 a.m......1381 Friday, February 6, 1998, 11:30 a.m......1382 Friday, February 6, 1998, 1:30 p.m......1382 Friday, February 6, 1998, 2:00 p.m......1382 Friday, February 6, 1998, 2:30 p.m......1382 Friday, February 6, 1998, 3:30 p.m......1383 Friday, February 6, 1998, 4:00 p.m......1383 Friday, February 6, 1998, 4:30 p.m......1383 Texas Mental Health and Mental Retardation Board Wednesday, February 11, 1998, 1:30 p.m......1383 Midwestern State University Friday, February 6, 1998, 3:00 p.m......1384 Texas Natural Resource Conservation Commission Thursday, February 5, 1998, 2:00 p.m......1384 Wednesday, March 4, 1998, 9:30 a.m......1384 Wednesday, April 8, 1998, 9:30 a.m......1384 Board of Nurse Examiners Tuesday, February 10, 1998, 9:00 a.m......1385 Texas Board of Physical Therapy Examiners Friday, February 6, 1998, 9:00 a.m......1385 Public Utility Commission of Texas Thursday, February 5, 1998, 9:30 a.m......1385 Friday, February 6, 1998, 10:00 a.m......1386 Saturday-Sunday, February 7-8, 1998, 11:00 a.m. and 2:00 p.m. respectively.....1386 Wednesday, February 11, 1998, 10:00 a.m......1386 Wednesday, February 11, 1998, 1:30 p.m......1386 Thursday, February 19, 1998, 9:00 a.m......1386 Thursday, February 26 1998, 10:00 a.m......1386 Railroad Commission of Texas Tuesday, February 10, 1998, 9:30 a.m......1386 Texas Rehabilitation Commission Thursday, February 26, 1998, 9:30 a.m......1387 Friday, February 27, 1998, 9:30 a.m......1387 Texas Savings and Loan Department Tuesday, March 3, 1998, 9:00 a.m......1387 Texas Certified Self-Insurer Guaranty Association Thursday, February 5, 1998, 9:00 a.m......1387 Texas Strategic Military Planning Commission Monday, February 9, 10:00 a.m......1388 Telecommunications Infrastructure Fund Board Friday, February 13, 1998, 9:00 a.m......1388 Friday, February 13, 1998, 9:30 a.m......1388 Friday, February 13, 1998, 10:00 a.m......1388 Board of Regents The Texas A&M University System Wednesday, February 4, 1998, 9:55 a.m......1389 Wednesday, February 4, 1998, 10:00 a.m......1389 Texas Tech University Friday, February 6, 1998, 11:30 a.m......1389 Texas Department of Transportation Tuesday, February 10, 1998, 9:30 a.m......1389 University Interscholastic League Monday, February 2, 1998, 1:00 p.m......1389 Wednesday, February 4, 1998, 9:00 a.m......1390 The University of Texas System Wednesday-Thursday, February 11-12, 1998, 9:30 a.m. and 8:30 a.m. respectively......1390 Texas On-Site Wastewater Treatment Research Council Thursday, February 12, 1998, 10:00 a.m......1390 Texas Workers' Compensation Commission Thursday, February 5, 1998, 10:00 a.m......1390 Texas Workforce Commission Tuesday, February 10, 1998, 8:30 a.m......1391 Tuesday, February 10, 1998, 9:00 a.m......1391 Regional Meetings ****IN ADDITION**** Office of the Attorney General Clean Air Act Enforcement Notice.....1395 Hazardous Waste Enforcement Notice.....1395 Sexual Assault Prevention and Crisis Services Funding Notice.....1396 Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement.....1396 Comptroller of Public Accounts Request for Information for Unified Automated Information Processing System .....1397 Office of Consumer Credit Commissioner Notice of Rate Ceilings.....1397 Texas Department of Criminal Justice Request for Proposals.....1397 Texas Education Agency Request for Proposals Concerning Investigating the Feasibility and Cost- Effectiveness of Producing Electronic Textbooks for Students Who are Blind or Have Other Disabilities.....1398 General Land Office Notice of Public Hearing.....1398 Request for Qualifications.....1398 General Services Commission Notice of Opportunity to Comment on the Texas Energy Performance Contracting Guidelines for Institutions of Higher Education and State Agencies.....1399 Texas Department of Health Designation of Site Serving Medically Underserved Populations.....1400 Notice of Request for Proposals for Survey on Knowledge, Attitudes, and Practices Concerning Breast and Cervical Cancer.....1400 Health and Human Services Commission Final Adoption of Medicaid Provider Payment Rates.....1401 Notice of Public Hearing.....1402 Texas Department of Housing and Community Affairs Announcement of Texas Department of Housing and Community Affairs Board Public Hearing for the 1998 State of Texas Low Income Housing Plan and Annual Report - Draft For Public Comment.....1402 Notice of Funding Availability.....1403 Notice of Public Hearing for the Texas Department of Housing and Community Affairs Multifamily Housing Revenue Bonds (Pebble Brook Apartments Project) Series 1998.....1403 Notice of Public Hearing for the Texas Department of Housing and Community Affairs Multifamily Housing Revenue Bonds (Residence at the Oaks Apartments Project) Series 1998.....1404 Texas Department of Human Services Request for Proposal.....1404 Texas Department of Insurance Notices of Public Hearings.....1405 Third Party Administrator Applications.....1406 Texas State Library and Archives Commission Quarterly Report of Consultant Contract Reports.....1406 Texas Natural Resource Conservation Commission Comment Period Extension.....1407 Consultant Contract Amended Notice.....1407 Enforcement Orders.....1407 Notice of Opportunity to Comment on Settlement Agreements.....1410 Provisionally-Issued Temporary Permits to Appropriate State Water.....1415 Texas Parks and Wildlife Department Notification of Consultant Contract Award.....1415 Texas Department of Protective and Regulatory Services Meeting Open to the Public.....1415 Public Utility Commission of Texas Notice of Complaint of MCI Telecommunications Corporation Regarding the Unreasonableness and Anticompetitive Effect of the Access Charges of GTE Southwest, Inc......1416 Notices of Customer-Specific Pricing Contract for Billing and Collection Services Pursuant to PURA sec.58.103.....1416 Notice of Initiation of Proceeding to Designate as Eligible Telecommunications Providers, Local Exchange Carriers that are CCN Holders Seeking Support Under the Texas High Cost Universal Service Plan.....1420 Notice of Initiation of Proceeding to Designate as Eligible Telecommunications Providers, Local Exchange Carriers that are COA Holders Seeking Support under the Texas High Cost Universal Service Plan, and Local Exchange Carriers that are COA or CCN Holders Seeking Support Under the Small and Rural Incumbent Local Exchange Carrier Universal Service Plan.....1420 Notice of Initiation of Proceeding to Designate Common Carriers as Eligible Telecommunications Carriers to Receive Federal Universal Service Funds Under 47 U.S.C. sec.214(E).....1421 Notices of Intent to File Pursuant to P.U.C. Substantive Rule 23.27.....1421 Notice of Workshop on Interconnection Rule.....1421 Notice of Workshop on 1999 Telecommunications Scope Of Competition Report .....1422 Number Conservation Implementation Team (NCIT) Meeting .....1422 Public Notice of Amendment to Interconnection Agreement.....1422 Public Notices of Interconnection Agreement.....1423 Teacher Retirement System of Texas Report of Balance Sheet, Actuarial Valuation, and Unfunded Liabilities.....1424 Texas Savings and Loan Department Notice of Application for Change of Control of a Savings Bank.....1428 Texas Department of Transportation Notice of Invitation.....1428 Texas Water Development Board Applications Received.....1430 Notice of Availability of Funds.....1430 Texas Workforce Commission Request for Proposals.....1431 Workshop on JTPA Planning Guidelines/Performance Standards.....1432