Texas Register
Vol. 23 No. 9
February 27, 1998
Pages 1741-2187

****GOVERNOR****
Office of the Governor
Appointments made January 27, 1998.....1751
****ATTORNEY GENERAL****
Letter Opinions.....1753
****PROPOSED RULES****
Office of the Secretary of State
Elections
1 TAC sec.81.74.....1755
Department of Information Resources
Planning and Management of Information Resources Technologies
1 TAC sec.201.5.....1756
Texas Department of Agriculture
General Procedures
4 TAC sec.1.14.....1758
Licensing
4 TAC sec.2.1, sec.2.2.....1759
4 TAC sec.sec.2.10-2.14.....1761
Pesticides
4 TAC sec.7.20, sec.7.21.....1761
Weights and Measures
4 TAC sec.12.12.....1762
4 TAC sec.12.40, sec.12.43.....1763
Grain Warehouse
4 TAC sec.13.3, sec.13.4.....1763
Vegetable and Citrus Fruit Handling and Marketing Program
4 TAC sec.14.3.....1764
Egg Law
4 TAC sec.15.4, sec.15.5.....1764
Aquaculture
4 TAC sec.16.3.....1765
Organic Standards and Certification
4 TAC sec.18.2, sec.18.5.....1765
Nursery Products and Floral Items
4 TAC sec.22.2, sec.22.3.....1766
Public Utility Commission of Texas
Practice and Procedure
16 TAC sec.22.2, sec.22.3.....1766
Substantive Rules
16 TAC sec.sec.23.34, 23.35, 23.36, 23.37.....1768
Substantive Rules Applicable to Electric Service Providers
16 TAC sec.sec.25.161-25.171.....1768
Texas Alcoholic Beverage Commission
Administration
16 TAC sec.31.5.....1778
Texas Lottery Commission
Bingo Regulation and Tax
16 TAC sec.402.554.....1779
16 TAC sec.402.555.....1780
Texas Cosmetology Commission
General Rules and Regulations
22 TAC sec.89.1.....1781
Texas Board of Professional Land Surveying
General Rules of Procedures and Practices
22 TAC sec.661.41.....1782
Texas Department of Health
Purchased Health Services
25 TAC sec.29.1109.....1783
Home and Community Support Services Agencies
25 TAC sec.115.2, sec.115.3.....1783
Hospital Licensing
25 TAC sec.sec.133.1-133.3.....1786
25 TAC sec.sec.133.11-133.14.....1787
25 TAC sec.133.21, sec.133.22.....1787
25 TAC sec.sec.133.51-133.54.....1788
25 TAC sec.133.71, sec.133.72.....1788
25 TAC sec.133.101, sec.133.102.....1789
25 TAC sec.sec.133.111-133.113.....1789
25 TAC sec.133.121.....1789
25 TAC sec.133.131.....1790
25 TAC sec.133.1, sec.133.2.....1790
25 TAC sec.sec.133.21-133.26.....1793
25 TAC sec.sec.133.41-133.47.....1798
25 TAC sec.133.61, sec.133.62.....1819
25 TAC sec.133.81.....1823
25 TAC sec.133.101, sec.133.102.....1824
25 TAC sec.133.121, sec.133.122.....1826
25 TAC sec.sec.133.141-133.143.....1828
25 TAC sec.sec.133.161-133.169.....1830
Food and Drug
25 TAC sec.sec.229.402-229.411.....1888
Radiation Control
25 TAC sec.289.204.....1891
Statewide Health Coordinating Council
Health Planning and Resource Development
25 TAC sec.sec.571.2, 571.4, 571.5.....1894
Texas Workers' Compensation Commission
Impairment and Supplemental Income Benefits
28 TAC sec.sec.130.101-130.106, 130.108, 130.110-130.112.....1895
General Medical Provisions
28 TAC sec.133.101.....1904
Benefits-Guidelines for Medical Services, Charges, and Payments
28 TAC sec.134.1002.....1905
Texas Youth Commission
Treatment
37 TAC sec.87.91.....1919
Program Services
37 TAC sec.91.21.....1920
37 TAC sec.91.89.....1921
Texas Department of Human Services
Nursing Facility Administrators
40 TAC sec.sec.18.17-18.20.....1923
Texas Workforce Commission
Communities in Schools
40 TAC sec.827.1, sec.827.2.....1926
40 TAC sec.sec.827.11-827.14.....1927
40 TAC sec.827.21.....1928
40 TAC sec.sec.827.31-827.33.....1928
40 TAC sec.sec.827.41-827.43.....1929
40 TAC sec.sec.827.51-827.55.....1929
Texas Department of Transportation
Contract Management
43 TAC sec.sec.9.30-9.33, 9.37-9.39, 9.41-9.43.....1931
****WITHDRAWN RULES****
Texas Racing Commission
Licenses for Pari-mutuel Racing
16 TAC sec.305.42.....1939
16 TAC sec.305.70.....1939
****ADOPTED RULES****
Texas Department of Economic Development
Procedures of the Board
10 TAC sec.sec.190.1-190.8.....1941
10 TAC sec.sec.190.1-190.7.....1941
Railroad Commission of Texas
Liquefied Petroleum Gas Division
16 TAC sec.9.2, sec.9.15.....1943
16 TAC sec.sec.9.20-9.22, 9.29.....1943
Texas Lottery Commission
Administration of the State Lottery Act
16 TAC sec.401.311.....1944
Bingo Regulation and Tax
16 TAC 402.544, 402.550, 402.552, 402.553, 402.557, 402.560-402.562, 402.564, 
402.566.....1946
Texas Higher Education Coordinating Board
Financial Planning
19 TAC sec.sec.13.91-13.98.....1946
Campus Planning
19 TAC sec.17.32.....1948
19 TAC sec.17.42.....1948
19 TAC sec.17.66, sec.17.68.....1948
Texas Cosmetology Commission
General Rules and Regulations
22 TAC sec.89.8, sec.89.13.....1949
Texas State Board of Medical Examiners
Licensure
22 TAC sec.163.1, sec.163.8.....1949
Physician Registration
22 TAC sec.166.2.....1949
Institutional Permits
22 TAC sec.171.9.....1950
Schedule of Fees and Penalties
22 TAC sec.175.1, sec.175.2.....1950
Contact Lens Prescriptions
22 LTALC sec.sec.181.1-181.7.....1950
Acupuncture
22 TAC sec.183.17.....1951
22 TAC sec.183.17, sec.183.23.....1951
State Board of Examiners of Professional Counselors 
Professional Counselors
22 TAC sec.681.64.....1952
22 TAC sec.sec.681.81, 681.82.....1952
22 TAC sec.sec.681.92, 681.94.....1953
Texas Department of Health
Purchased Health Services
25 TAC sec.29.302.....1953
Communicable Diseases
25 TAC sec.sec.97.1-97.5.....1954
Home and Community Support Services Agencies 
25 TAC sec.115.1.....1964
25 TAC sec.115.11, sec.115.12.....1965
25 TAC sec.sec.115.21, 115.25, 115.27, 115.28.....1965
25 TAC sec.115.51, sec.115.52.....1968
Shellfish Sanitation
25 TAC sec.sec.241.1, 241.2, 241.4-241.29.....1973
25 TAC sec.sec.241.1-241.7.....1973
Texas Department of Insurance
Corporate and Financial Regulation 
28 TAC sec.7.67.....1979
Texas Department of Public Safety
Organization and Administration
37 TAC sec.1.4.....1987
Commercial Driver's License
37 TAC sec.16.3, sec.16.12.....1987
Vehicle Inspection
37 TAC sec.23.101, sec.23.102.....1988
Texas Rehabilitation Commission
Legal Services
40 TAC sec.110.2.....1988
Texas Commission for the Blind
Scope and Services and General Clientele
40 TAC sec.161.5.....1989
Vocational Rehabilitation Program
40 TAC sec.sec.163.85-163.87.....1989
****EXEMPT FILINGS****
Texas Department of Insurance
PROPOSED ACTION.....1991
****RULE REVIEW****
Proposed Rule Reviews
Public Utility Commission of Texas.....1995
****TABLES AND GRAPHICS****
Tables and Graphics.....1997
****OPEN MEETINGS****
Texas State Board of Public Accountancy
Friday, February 20, 1998, 9:00 a.m......2109
State Office of Administrative Hearings 
Tuesday, March 31, 1998, 9:00 a.m......2109
Texas Aerospace Commission
Thursday, February 26, 1998, 9:30 a.m......2109
Texas Department of Agriculture
Wednesday, February 25, 1998, 10:30 a.m......2110
Thursday, February 26, 1998, 11:00 a.m......2110
Friday, February 27, 1998, 1:00 p.m......2110
Wednesday, March 4, 1998, 2:00 p.m......2110
Texas Alcoholic Beverage Commission
Monday, February 23, 1998, 1:30 p.m......2111
Texas Commission on the Arts
Thursday, March 5, 1998, 10:15 a.m......2111
Friday, March 6, 1998, 8:30 a.m......2111
Friday, March 6, 1998, 9:00 a.m......2111
Thursday, March 26, 1998, 9:00 a.m......2112
Tuesday, March 31, 1998, 4:00 p.m......2112
Wednesday, April 1, 1998, 9:00 a.m......2112
Thursday, April 2, 1998, 9:00 a.m......2112
Wednesday, April 8, 1998, 9:00 a.m......2112
Thursday, April 9, 1998, 9:00 a.m......2112
Wednesday, April 15, 1998, 9:00 a.m......2113
Thursday, April 16, 1998, 9:00 a.m......2113
Tuesday, April 21, 1998, 4:00 p.m......2113
Wednesday, April 22, 1998, 9:00 a.m......2113
Tuesday, April 28, 1998, 4:00 p.m......2113
Wednesday, April 29, 1998, 9:00 a.m......2113
Thursday, April 30, 1998, 9:00 a.m......2113
The State Bar of Texas
Saturday, February 21, 1998, 10:00 a.m......2114
Saturday, February 21, 1998, 10:00 a.m......2114
Texas Bond Review Board
Thursday, February 19, 1998, 10:00 a.m......2114
Comptroller of Public Accounts
Tuesday, February 24, 1998, 10:00 a.m......2114
Tuesday, February 24, 1998, 2:00 p.m......2114
Office of Court Administration
Thursday, March 5, 1998, 10:00 a.m......2115
Thursday, March 12, 1998, 10:00 a.m......2115
Thursday, March 12, 1998, 10:00 a.m......2115
Thursday, March 19, 1998, 10:00 a.m......2115
Thursday, March 26, 1998, 10:00 a.m......2115
Thursday, April 2, 1998, 10:00 a.m......2116
Tuesday, April 7, 1998, 10:00 a.m......2116
Texas Department of Criminal Justice 
Thursday, February 19, 1998, 8:30 a.m......2116
Wednesday, February 25, 1998, 10:00 a.m......2117
Texas Education Agency (TEA)
Thursday, March 5, 1998, 9:00 a.m......2117
Thursday, March 5, 1998, 11:00 a.m......2117
Thursday, March 5, 1998, 11:00 a.m......2117
Thursday, March 5, 1998, 11:00 a.m......2118
Friday, March 6, 1998, 9:00 a.m......2118
State Employee Charitable Campaign
Friday, February 27, 1998, 2:30 p.m......2118
Finance Commission of Texas
Friday, February 20, 1998, 8:30 a.m......2118
Texas Commission on Fire Protection
Wednesday-Friday, March 4-6, 1998, 9:00 a.m......2119
General Services Commission
Thursday, February 26, 1998, 9:30 a.m......2119
Texas Department of Health
Friday, February 20, 1998, 9:00 a.m......2120
Friday, February 27, 1998, 9:00 a.m......2120
Texas Health Care Information Council 
Tuesday, February 24, 1998, 1:00 p.m......2120
Thursday, February 26, 1998, 4:00 p.m......2120
Friday, February 27, 1998, 8:00 a.m......2120
Friday, February 27, 1998, 8:00 a.m......2121
Friday, February 27, 1998, 10:00 a.m......2121
Texas Healthy Kids Corporation (“THKC”) 
Wednesday, February 25, 1998, 10:00 a.m......2121
State Committee of Examiners in the Fitting and Dispensing of Hearing 
Instruments
Saturday, February 28, 1998, 10:00 a.m......2121
Texas House of Representatives
Thursday, February 26, 1998, 9:30 a.m......2122
Texas State Affordable Housing Corporation 
Thursday, February 26, 1998, 1:00 p.m......2122
Texas Department of Housing and Community Affairs
Sunday, February 22, 1998, 3:00 p.m......2122
Sunday, February 22, 1998, 4:00 p.m......2122
Monday, February 23, 1998, 8:30 a.m......2123
Monday, February 23, 1998, 9:30 a.m......2123
Monday, February 23, 1998, 9:30 p.m......2123
Monday, February 23, 1998, 10:00 a.m......2123
Monday, February 23, 1998, 10:00 a.m......2124
Texas Commission on Human Rights
Thursday, February 26, 1998, 9:00 a.m......2124
Texas Department of Human Services (TDHS) 
Friday, February 20, 1998, 10:00 a.m......2124
Texas Incentive and Productivity Commission 
Wednesday, February 25, 1998, 9:00 a.m......2124
Wednesday, February 25, 1998, 9:00 a.m......2124
Texas Department of Insurance
Monday, March 9, 1998, 9:00 a.m......2125
Tuesday, March 10, 1998, 10:00 a.m......2125
Wednesday, March 11, 1998, 9:00 a.m......2125
Texas Commission on Law Enforcement Officer Standards and Education
Thursday, March 5, 1998, 1:30 p.m......2125
Friday, March 6, 1998, 9:30 a.m......2125
Texas Legislative Council
Tuesday, March 3, 1998, 10:00 a.m......2125
Texas State Library
Saturday, March 7, 1998, 1:30 p.m......2126
Texas Department of Licensing and Regulation 
Monday, February 23, 1998, 10:00 a.m......2126
Tuesday, February 24, 1998, 9:00 a.m......2126
Tuesday, February 24, 1998, 10:30 a.m......2126
Wednesday, February 25, 1998, 9:00 a.m......2126
Wednesday, February 25, 1998, 1:00 p.m......2127
Texas Lottery Commission
Monday, February 23, 1998, 10:00 a.m......2127
Thursday, March 5, 1998, 9:00 a.m......2127
Texas Council on Offenders with Mental Impairments
Friday, March 6, 1998, 10:00 a.m......2127
Midwestern State University
Monday, February 16, 1998, 12:15 p.m......2128
Texas Natural Resource Conservation Commission 
Thursday, February 19, 1998, 1:30 p.m......2128
Monday, February 23, 1998, 4:00 p.m......2128
Monday, March 2, 1998, 9:00 a.m......2128
Thursday, March 5, 1998, 9:00 a.m......2128
Friday, March 6, 1998, 9:00 a.m......2129
Monday, March 9, 1998, 3:00 p.m......2129
Tuesday, March 10, 1998, 9:00 a.m......2129
Wednesday, March 11, 1998, 10:00 a.m......2129
Thursday, March 12, 1998, 9:00 a.m......2129
Thursday-Friday, March 12-13, 1998, 10:00 a.m. and 9:00 a.m. 
respectively.....2129
Wednesday, March 18 1998, 10:00 a.m......2130
Wednesday, March 31, 1998, 10:00 a.m......2130
Board of Nurse Examiners
Wednesday, March 4, 1998, 9:30 a.m......2130
Board of Vocational Nurse Examiners
Monday-Tuesday, March 9-10, 1998, 9:00 a.m......2130
Texas Board of Pardons and Paroles
Thursday, February 19, 1998, 8:00 a.m......2130
Texas Department of Protective and Regulatory Services
Friday, February 27, 1998, 10:00 a.m......2131
Texas Public Finance Authority
Wednesday, February 25, 1998, 9:00 a.m......2131
Texas Department of Public Safety
Tuesday, February 24, 1998, 10:30 a.m......2131
Public Utility Commission of Texas
Thursday, February 19, 1998, 1:30 p.m......2132
Friday, February 20, 1998, 9:30 a.m......2132
Wednesday, February 25, 1998, 9:30 a.m......2132
Thursday, February 26, 1998, 9:30 a.m......2132
Friday, February 27, 1998, 9:30 p.m......2133
Railroad Commission of Texas
Tuesday, February 24, 1998, 9:15 a.m......2133
Tuesday, February 24, 1998, 9:30 a.m......2133
State Securities Board
Tuesday, March 3, 1998, 9:30 a.m......2133
Texas State Board of Social Worker Examiners 
Friday, February 27, 1998, 1:30 p.m......2133
Saturday, February 28, 1998, 8:30 a.m......2134
Special Board of Review
Wednesday, February 25, 1998, 4:30 p.m......2134
The Texas A&M University System
Monday, February 16, 1998, 9:30 a.m......2134
Monday, February 16, 1998, 10:30 a.m......2134
Monday, February 23 1998, 2:30 p.m......2135
Texas Southern University
Thursday, April 2, 1998, 10:00 a.m., rescheduled from March 12, 1998.....2135
Thursday, April 2, 1998, 11:15 a.m., rescheduled from March 12, 1998.....2135
Thursday, April 2, 1998, 12:30 p.m., rescheduled from March 12, 1998.....2135
Thursday, April 2, 1998, 1:15 p.m., rescheduled from March 12, 1998.....2135
Thursday, April 2, 1998, 2:15 p.m., rescheduled from March 12, 1998.....2135
Friday, April 3, 1998, 8:30 a.m., rescheduled from March 13, 1998.....2135
The Texas State University System
Thursday-Friday, February 19-20, 1998, 8:45 a.m. and 9:30 a.m. 
respectively.....2136
Texas Woman's University
Friday, March 6, 1998, 10:00 a.m......2136
University of Houston System
Thursday, February 19, 1998, 8:00 a.m......2136
University Interscholastic League
Monday, February 16, 1998, 9:30 a.m......2136
University of Texas Health Science Center at San Antonio
Wednesday, February 25, 1998, 3:00 p.m......2137
University of Texas, M.D. Anderson Cancer Center
Tuesday, February 17, 1998, 9:00 a.m......2137
The University of Texas System
Wednesday, February 18, 1998, 9:00 a.m......2137
Texas Board of Veterinary Medical Examiners 
Thursday, February 26, 1998, 8:30 a.m......2137
Texas Workers' Compensation Insurance Fund
Tuesday, February 24, 1998, 7:00 p.m......2137
Tuesday, February 24, 1998, 8:00 p.m......2137
Wednesday, February 25, 1998, 1:00 p.m......2138
Texas Workforce Commission
Tuesday, February 24, 1998, 9:00 a.m......2138
Wednesday, March 4, 1998, 10:00 a.m......2138
Regional Meetings
****IN ADDITION****
Texas Commission on Alcohol and Drug Abuse
Corrections of Error.....2143
Office Of The Attorney General
1998 Tax Charts.....2143
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program.....2148
Comptroller of Public Accounts
Notice of Consultant Contract Award.....2149
Office of Court Administration
Notice of Consultant Contract Award.....2149
Texas Credit Union Department 
Application(s) to Expand Field of Membership.....2149
Texas Education Agency
Corrections of Error.....2150
General Land Office
Notice of Availability and Request for Comments on a Proposed Settlement of 
Natural Resource Damages Claim.....2150
General Services Commission
Notice of Request for Proposals from Consultant Firms.....2150
Notice to Bidders.....2151
Texas Department of Health
Corrections of Error.....2151
Texas Department of Health
Conversion Chart for Hospital Licensing.....2152
Designation of Site Serving Medically Underserved Populations.....2167
Notice of Intent to Revoke a Radioactive Material License.....2168
Health and Human Services Commission 
Texas Integrated Enrollment and Services Project Vendor Forum .....2168
Houston-Galveston Area Council
Request for Proposal.....2168
Texas Department of Insurance
Notice.....2169
Notice.....2169
Notice Of Public Hearing.....2169
Third Party Administrator Applications.....2171
Texas Department Of Mental Health And Mental Retardation 
Notice To Bidders.....2171
Notice To Bidders.....2171
Notice of Public Hearing On Medicaid Rates.....2172
Texas Natural Resource Conservation Commission 
Notice of Application To Appropriate Public Waters of The State of 
Texas.....2172
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions.....2172
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions.....2174
Notice of Public Hearing.....2176
Notice of Receipt of Application and Declaration of Administrative Completeness 
for Municipal Solid Waste Management Facility Permit For The Period of February 
9, 1998 to February 13, 1998.....2176
North Texas Tollway Authority
Request For Proposals.....2176
Texas Parks and Wildlife Department
Notice of Public Comment Hearing for Permit Renewal.....2176
Public Utility Commission of Texas
Amended Notice of Application for Certificate of Operating Authority.....2177
Notice of Application To Amend Certificate Of Convenience And Necessity.....2177
Notice of Application For Service Provider Certificate of Operating 
Authority.....2178
Notice of Customer-Specific Pricing Contract For Billing And Collection Services 
Pursuant To PURA sec.58.103.....2178
Notice of Customer-Specific Pricing Contract For Billing And Collection Services 
Pursuant To PURA sec.58.103.....2178
Notice of Customer-Specific Pricing Contract For Billing And Collection Services 
Pursuant To PURA sec.58.103.....2178
Notice of Intent To File Pursuant To Public Utility Commission Substantive Rule 
23.27.....2179
Notice of Intent To File Pursuant To Public Utility Commission Substantive Rule 
23.28.....2179
Notice of Intent To File Pursuant To Public Utility Commission Substantive Rule 
23.28.....2179
Public Notices of Amendment to Interconnection Agreement.....2180
Public Notice of Interconnection Agreement.....2182
Public Notice of Interconnection Agreement.....2183
Public Notice of Interconnection Agreement.....2183
Public Notice of Interconnection Agreement.....2184
Public Notice of Interconnection Agreement.....2185
Public Notice of Interconnection Agreement.....2185
Public Notice of Interconnection Agreement.....2186
Research and Oversight Council on Workers' Compensation
Proposed Research Agenda, FY 1998.....2186
Texas Water Development Board
Corrections of Error.....2187