****ATTORNEY GENERAL**** Letter Opinions.....3385 General Opinions.....3386 Request for Opinions.....3386 ****EMERGENCY RULES**** Board of Nurse Examiners Licensure and Practice 22 TAC sec.217.5.....3389 ****PROPOSED RULES**** Advisory Commission on State Emergency Communications Regional Plans-Standards 1 TAC sec.251.3.....3391 Texas Department of Agriculture Quarantines 4 TAC sec.19.43.....3392 State Securities Board Rules of Practice in Contested Cases 7 TAC sec.105.1.....3392 7 TAC sec.105.4.....3393 Terminology 7 TAC sec.107.2.....3393 Dealers and Salesmen 7 TAC sec.115.1.....3396 7 TAC sec.115.2.....3396 7 TAC sec.115.3.....3397 7 TAC sec.115.4.....3398 7 TAC sec.115.8.....3399 Exemptions by Rule or Order 7 TAC sec.139.13.....3400 Texas Department of Economic Development Product Commercialization 10 TAC sec.sec.160.1-160.9.....3400 Product Development Fund 10 TAC sec.sec.163.1-163.9.....3401 Texas State Library and Archives Commission Library Development 13 TAC sec.1.21.....3402 13 TAC sec.1.93, sec.1.101.....3402 Railroad Commission of Texas Oil and Gas Division 16 TAC sec.3.83.....3403 16 TAC sec.3.102.....3404 Public Utility Commission of Texas Practice and Procedure 16 TAC sec.sec.22.31, 22.33, 22.35.....3405 16 TAC sec.sec.22.51, 22.52, 22.56.....3406 16 TAC sec.22.71.....3408 Texas Racing Commission Operation of Racetracks 16 TAC sec.309.199.....3408 16 TAC sec.309.199.....3409 Officials and Rules of Horse Racing 16 TAC sec.313.61.....3410 16 TAC sec.313.61.....3410 Pari-mutuel Wagering 16 TAC sec.321.118.....3411 Board of Nurse Examiners Licensure and Practice 22 TAC sec.217.5.....3412 22 TAC sec.217.7.....3413 Texas State Board of Plumbing Examiners Examination 22 TAC sec.363.4.....3413 Texas Department of Health Radiation Control 25 TAC sec.289.202.....3414 Texas Natural Resource Conservation Commission Control of Air Pollution From Toxic Materials 30 TAC sec.113.1.....3416 30 TAC sec.113.21.....3417 Board for Lease of University Lands Organization of the Board 31 TAC sec.sec.401.1-401.7.....3417 Sale of Oil and Gas Leases 31 TAC sec.sec.403.1-403.8.....3418 Disposition of Bonuses, Rentals, Royalties, Fees 31 TAC sec.sec.405.1-405.4.....3418 Operational Matters 31 TAC sec.sec.407.1-407.17.....3419 Special Actions by the Board 31 TAC sec.sec.409.1-409.4.....3420 Texas Low-Level Radioactive Waste Disposal Authority Planning and Implementation Fees 31 TAC sec.sec.450.1-450.4.....3420 Comptroller of Public Accounts Tax Administration 34 TAC sec.sec.3.1101-3.1103.....3421 34 TAC sec.3.1101.....3421 Texas Commission on Alcohol and Drug Abuse Peer Assistance 40 TAC sec.sec.151.1-151.5, 151.11, 151.21, 151.22, 151.31, 151.32, 151.51, 151.61.....3423 40 TAC sec.sec.151.21-151.28.....3426 Offender Education Programs 40 TAC sec.153.3.....3427 ****WITHDRAWN RULES**** Texas Commission on Alcohol and Drug Abuse Offender Education Programs 40 TAC sec.153.3.....3429 ****ADOPTED RULES**** State Securities Board Transactions Exempt From Registration 7 TAC sec.109.3.....3431 Federal Covered Securities 7 TAC sec.114.1, sec.114.3.....3431 Railroad Commission of Texas Oil and Gas Division 16 TAC sec.3.46.....3432 16 TAC sec.3.50.....3435 Public Utility Commission of Texas Substantive Rules 16 TAC sec.23.104, sec.23.108.....3438 Texas State Board of Plumbing Examiners Definitions 22 TAC sec.361.1.....3445 Examination 22 TAC sec.363.1.....3446 22 TAC sec.363.11.....3446 Licensing 22 TAC sec.365.5.....3446 Enforcement 22 TAC sec.367.3.....3447 Texas State Board of Public Accountancy Professional Conduct 22 TAC sec.501.47.....3447 Certification of CPA 22 TAC sec.511.57.....3448 Texas Board of Veterinary Medical Examiners Licensing 22 TAC sec.sec.57.11, 571.3, 571.5, 571.8, 571.11, 571.13, 571.15.....3449 22 TAC sec.571.3.....3449 22 TAC sec.571.36.....3450 Texas Department of Health County Indigent Health Care Program 25 TAC sec.14.1.....3451 25 TAC sec.sec.14.101, 14.103-14.106.....3451 25 TAC sec.14.204.....3451 Medical Radiologic Technologists 25 TAC sec.143.3.....3451 Emergency Medical Services 25 TAC sec.157.130.....3452 Radiation Control 25 TAC sec.289.116.....3466 25 TAC sec.289.227.....3467 25 TAC 289.122.....3491 25 TAC sec.289.226.....3494 Interagency Council on Early Childhood Intervention Services Early Childhood Intervention 25 TAC sec.621.23.....3501 25 TAC sec.sec.621.82-621.84.....3501 25 TAC sec.621.126.....3501 Texas Natural Resource Conservation Commission Exemptions From Permitting 30 TAC sec.106.4.....3502 Control of Air Pollution From Volatile Organic Compounds 30 TAC sec.115.10.....3508 30 TAC sec.sec.115.420-115.423, 115.426, 115.427, 115.429.....3508 Control of Air Pollution by Permits for New Construction or Modification 30 TAC sec.116.12.....3517 30 TAC sec.116.150, sec.116.151.....3518 Federal Operating Permits 30 TAC sec.122.516.....3519 General Land Office Land Resources 31 TAC sec.sec.13.71-13.86.....3528 Texas County and District Retirement System Miscellaneous Rules 34 TAC sec.107.4.....3530 Texas Department of Human Services Community Care for Aged and Disabled 40 TAC sec.sec.48.6092, 48.6094, 48.6096.....3531 Texas Commission on Alcohol and Drug Abuse Investigations and Hearings 40 TAC sec.142.31, sec.142.32.....3531 Approved Drug Offender Education Program 40 TAC sec.sec.147.1-147.9.....3533 40 TAC sec.sec.147.31-147.44.....3534 Court Commitments 40 TAC sec.sec.149.1, 149.13, 149.15, 149.16.....3534 40 TAC sec.sec.149.21, 149.22, 149.31, 149.32, 149.33, 149.54.....3535 Approved Alcohol Awareness Program 40 TAC sec.sec.152.1-152.8.....3535 40 TAC sec.sec.152.20-152.33.....3535 DWI Education Program Standards and Procedures 40 TAC sec.sec.153.1-153.19.....3536 40 TAC sec.sec.153.1, 153.2, 153.4-153.8.....3536 DWI Education Program Standards and Procedures 40 TAC sec.sec.153.31-153.42.....3538 Offender Education Programs 40 TAC sec.sec.153.32-153.36, 153.41-153.44, 153.51-153.55.....3539 DWI Repeat Offender Program Standards and Procedures 40 TAC sec.sec.154.1-154.8.....3540 40 TAC sec.sec.154.20-154.32.....3541 ****RULE REVIEW**** Proposed Rule Reviews Texas Education Agency.....3543 Public Utility Commission of Texas.....3543 Board for Lease of University Lands.....3544 ****TABLES AND GRAPHICS**** Tables and Graphics.....3545 ****OPEN MEETINGS**** Texas State Board of Public Accountancy Thursday, March 26, 1998, 1:30 p.m......3567 State Office of Administrative Hearings Thursday, April 2, 1998, 10:00 a.m......3567 Texas Agricultural Finance Authority Friday, April 3, 1998, 10:00 a.m......3567 Texas Commission on Alcohol and Drug Abuse Thursday, April 2, 1998, 10:30 a.m......3567 Friday, April 3, 1998, 10:00 a.m......3568 Texas Animal Health Commission Tuesday, March 31, 1998, 1:30 p.m......3568 Wednesday, April 1, 1998, 8:30 a.m......3568 Wednesday, April 1, 1998, 10:00 a.m......3568 Wednesday, April 1, 1998, 10:00 a.m......3568 Texas Commission on the Arts Friday, April 3, 1998, 10:00 a.m......3569 Texas Cancer Council Monday, March 30, 1998, 2:30 p.m......3569 Tuesday, March 31, 1998, 8:00 a.m......3569 Tuesday, March 31, 1998, 9:30 a.m......3570 Coastal Coordination Council Wednesday, April 1, 1998, 1:30 p.m......3570 Comptroller of Public Accounts Thursday, March 26, 1998, 9:00 a.m......3570 Thursday, March 26, 1998, 10:00 a.m......3571 Texas Association of Counties Workers' Compensation Self-Insurance Fund Wednesday-Thursday, April 8-9, 1998, 6:00 p.m., and 9:00 a.m. respectively.....3571 Wednesday-Thursday, April 8-9, 1998, 6:00 p.m., and 9:00 a.m. respectively.....3571 Texas Association of Counties County Government Risk Management Pool Tuesday-Wednesday, April 21-22, 1998, 6:00 p.m. and 9:00 a.m. respectively.....3571 Office of Court Administration Thursday, April 9, 1998, 10:00 a.m......3572 Thursday, April 16, 1998, 10:00 a.m......3572 Texas Planning Council for Developmental Disabilities Friday, March 27, 1998, 9:30 a.m. and 4:30 p.m......3572 Texas Diabetes Council Friday, April 17, 1998, 10:00 a.m......3573 Texas Department of Economic Development Friday, March 27, 1998, 8:00 a.m......3573 Friday, March 27, 1998, 1:30 p.m......3573 Tuesday, March 31, 1998, 3:00 p.m......3573 Wednesday, April 1, 1998, 9:00 a.m......3573 Wednesday, April 1, 1998, 10:45 a.m......3574 Wednesday, April 1, 1998, 11:01 a.m......3574 Texas Education Agency Friday, April 2, 1998, 10:00 a.m......3574 Friday-Saturday, April 17-18, 1998, 9:30 a.m. and 9:00 a.m. respectively.....3574 State Employee Charitable Campaign Thursday, March 26, 1998, 3:00 p.m......3574 Monday, March 30, 1998, 4:00 p.m......3575 Tuesday, March 31, 1998, 4:30 p.m......3575 Texas Commission on Fire Protection Tuesday-Thursday, April 7,8 and 9, 1998, 9:00 a.m......3575 General Services Commission Tuesday, March 31, 1998, 9:30 a.m......3575 Texas Department of Health Tuesday, March 31, 1998, 9:00a.m......3576 Tuesday, March 31, 1998, 10:30 a.m......3576 Texas Healthy Kids Corp. (“THKC”) Friday, March 27, 1998, 9:30 a.m......3576 Texas Statewide Health Coordinating Council Tuesday, March 31, 1998, 9:00 a.m......3576 Texas Higher Education Coordinating Board Monday, March 30, 1998, 9:30 a.m......3577 Tuesday, April 7, 1998, 9:30 a.m......3577 Wednesday, April 8, 1998, 12:00 p.m......3577 Tuesday, May 5, 1998, 10:00 a.m......3577 Texas Historical Commission Thursday, April 2, 1998, 8:00 a.m......3577 Department of Information Services Thursday, April 2, 1998, 9:30 a.m......3578 Texas Department of Insurance Monday, April 13, 1998, 9:00 a.m......3578 Monday, April 13, 1998, 1:00 p.m......3578 Tuesday, April 14, 1998, 9:00 a.m......3578 Tuesday, April 14, 1998, 1:00 p.m......3579 Wednesday, April 15, 1998, 9:00 a.m......3579 Wednesday, April 15, 1998, 9:00 a.m......3579 Wednesday, April 15, 1998, 9:30 a.m......3579 Wednesday, April 15, 1998, 10:00 a.m......3579 Thursday, April 16, 1998, 9:00 a.m......3579 Thursday, April 16, 1998, 9:00 a.m......3579 Friday, April 17, 1998, 9:00 a.m......3580 Thursday, April 9, 1998, 9:30 a.m......3580 Texas State Library and Archives Commission Wednesday, April 1, 1998, 2:00 p.m......3580 Texas Department of Licensing and Regulation Tuesday, March 31, 1998, 9:00 a.m......3580 Tuesday, March 31, 1998, 9:00 a.m......3581 Wednesday, April 1, 1998, 9:00 a.m......3581 Thursday, April 2, 1998, 9:00 a.m......3581 Thursday, April 2, 1998, 9:00 a.m......3581 Thursday, April 2, 1998, 9:00 a.m......3581 Friday, April 3, 1998, 1:30 p.m......3581 Texas Medical Liability Insurance Underwriting Association (JUA) Thursday, April 23, 1998, 3:00 p.m......3582 Friday, April 24, 1998, 8:00 a.m......3582 Midwestern State University Monday, March 23, 1998, 3:00 p.m......3582 Texas Natural Resource Conservation Commission Thursday, April 16, 1998, 7:00 p.m......3583 Texas Board of Occupational Therapy Examiners Board Friday, March 27, 1998, 9:30 a.m......3583 Friday, March 27, 1998, 2:00 p.m......3583 Texas State Board of Pharmacy Friday, March 27, 1998, 10:00 a.m......3583 Public Utility Commission of Texas Monday, March 30, 1998, 9:30 a.m......3584 Wednesday, April 1, 1998, 1:00 p.m......3584 Wednesday, April 8, 1998, 10:00 a.m......3584 Railroad Commission of Texas Tuesday, March 31, 1998, 9:30 a.m......3584 Research and Oversight Council on Workers' Compensation Monday, April 13, 1998, 10:30 a.m......3584 Stephen F. Austin State University Monday, March 30, 1998, 2:00 p.m......3585 Teacher Retirement System of Texas Thursday, March 26, 1998, 10:00 a.m......3585 Thursday, March 26, 1998, 3:00 p.m......3585 Friday, March 27, 1998, 8:00 a.m......3585 Friday, March 27, 1998, 9:00 a.m......3586 Board of Regents, The Texas A&M University System Thursday, March 26, 1998, 9:00 a.m......3586 Thursday, March 26, 1998, 9:30 a.m......3586 Thursday, March 26, 1998, 10:30 a.m. or upon recess or adjournment of Board meeting.....3586 Thursday, March 26, 1998, 10:45 a.m. or upon adjournment of Committee on Audit.....3587 Thursday, March 26, 1998, 11:45 a.m. or upon recess or adjournment of meeting of Committee on Buildings and Physical Plant.....3587 Texas Department of Transportation Monday, March 30, 1998, 9:00 a.m......3587 Monday, April 13, 1998, 9:30 a.m......3587 The University of Texas Health Center at Tyler Thursday, April 2, 1998, Noon......3587 University of Houston System Monday, March 30, 1998, 8:00 a.m......3588 The University of Texas System Monday, March 23, 1998, 4:00 p.m......3588 Tuesday, March 31, 1998, 3:30 p.m......3588 Texas Council on Workforce and Economic Competitiveness Wednesday, April 8, 1998, 9:00 a.m......3588 Texas Workforce Commission Tuesday, March 31, 1998, 9:00 a.m......3589 Regional Meetings ****IN ADDITION**** Texas Department of Agriculture Quarantine Administrative Penalty Matrix.....3593 Texas Commission on Alcohol and Drug Abuse Notice of Intent to Fund.....3594 Office of the Attorney General Texas Solid Waste Disposal Act Enforcement Settlement Notice.....3596 Texas Cancer Council Public Review and Comment.....3596 Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program .....3596 Comptroller of Public Accounts Notice of Coastal Protection Fee Reinstatement.....3597 Office of Consumer Credit Commissioner Notice of Rate Bracket Adjustment.....3597 Notice of Rate Ceilings.....3597 Texas Credit Union Department Application(s) to Amend Articles of Incorporation.....3598 Texas Department of Criminal Justice Notice of Solicitation.....3598 Texas Education Agency Request for Applications.....3598 Texas Energy Coordination Council Request for Comments.....3599 Texas Ethics Commission List of Late Filers.....3599 General Services Commission Notice of Request for Qualifications for Engineering/Consultant Services.....3600 Texas Department of Health Licensing Action for Radioactive Materials.....3600 Notice of Emergency Cease and Desist Order-Capitan Corporation.....3603 Notice of Emergency Cease and Desist Order - College Station Chiropractic Center.....3603 Notice of Intent to Revoke Certificates of Registration.....3603 Notice of Public Hearing.....3604 Notice of Texas Department of Health 1998 Income Guidelines and Schedule of Charges for Clinical Health Services.....3604 Texas Department of Housing and Community Affairs Notice of Administrative Hearing—MHD1997001657M, MHD1997002371D, MHD1997002807D, MHD1997002813D, MHD1997002874S.....3606 Notice of Funding Availability; HOME Rental Project Assistance Combined with Low-Income Housing Tax Credits.....3606 Notice of Public Hearing for the Texas Department of Housing and Community Affairs Multifamily Housing Revenue Bonds (High Pointe Project) Series 1998- Austin, Texas.....3606 Notice of Public Hearing for the Texas Department of Housing and Community Affairs Multifamily Housing Revenue Bonds (High Pointe Project) Series 1998- Lufkin, Texas.....3607 Notice of Public Hearing for the Texas Department of Housing and Community Affairs Multifamily Housing Revenue Bonds (Market Street Plaza Project ) Series 1998-Austin, Texas.....3607 Notice of Public Hearing for the Texas Department of Housing and Community Affairs Multifamily Housing Revenue Bonds (Market Street Plaza Project ) Series 1998-Baytown, Texas.....3608 Request for Proposal for Legal Services.....3608 Texas Department of Human Services Public Hearing - Personal Care Rules.....3608 Request for Proposal - CLASS Case Management Services for the Houston Area.....3608 Request for Proposal - CLASS Case Management Services for the Rio Grande Valley Area.....3609 Request for Proposal - CLASS-HCSS Direct Delivery of Services for the Rio Grande Valley Area.....3609 Texas Department of Insurance Insurer Services.....3610 Third Party Administrator Applications.....3610 Texas Natural Resource Conservation Commission Correction of Error.....3611 Enforcement Orders.....3611 Notice of Application for Amendment for Certificate of Adjudication pursuant to Texas Water Code, sec.11.122 requiring notice to Interjacent Appropriators.....3612 Notice Of Application For Municipal Solid Waste Management Facility Permit For the Period of March 16, 1998 to March 20, 1998 .....3612 Applications for Waste Disposal/Discharge Permits.....3613 Notice of Application to Appropriate Public Waters of the State of Texas.....3613 Notice of Award.....3614 Notice of Public Hearing (Chapter 113).....3615 Notice of Public Hearing (I/M Committal SIP).....3615 Notice of Public Hearings on Proposed Voluntary Emission Reduction Plan for the Permitting of Exiting Significant Sources.....3616 Proposal for Decision.....3616 Provisionally-Issued Temporary Permits to Appropriate State Water during the period of March 25, 1998.....3616 Board of Nurse Examiners Project Management Bid on Nursing Competency Pilot Program.....3617 Texas Parks and Wildlife Department Notice Of Availability And Request For Comments On A Proposed Natural Resource Restoration Plan.....3617 Public Utility Commission of Texas Notice of Application for Amendment to Service Provider Certificate of Operating Authority.....3618 Notice of Application for Service Provider Certificate of Operating Authority.....3618 Notice of Application to Amend Certificate of Convenience and Necessity.....3618 Notices of Application to Incorporate Terms and Rates of a Cost Recovery Surcharge Pursuant to P.U.C. Substantive Rule sec.23.103.....3619 Notice of Intent to File Customer-Specific Contract Pursuant to P.U.C. Substantive Rule sec.23.27(c).....3619 Public Notices of Interconnection Agreement.....3620 Public Notice Of Interconnection Agreement.....3621 Request for Comments on Rulemaking to Monitor the Establishment and Allocation of Certain 9-1-1 Fees.....3624 Texas Racing Commission Request for Public Comment.....3624 Texas Department of Transportation Notice of Invitation - Aviation Division.....3624 Notice of Invitation-Odessa District.....3625 Board for Lease of University Lands Notice of Availability and Request for Comments on Proposed Rules of the Board for Lease of University Lands......3628 Veterans Land Board Request for Qualifications.....3629 Texas Water Development Board Eligible County List.....3629 Request for Proposals.....3629 Texas Workforce Commission Request for Proposals.....3630