Texas Register
Vol. 23 No. 18
May 1, 1998
Pages 4143-4419
****ATTORNEY GENERAL****
Letter Opinions.....4151
Opinions.....4151
****SECRETARY OF STATE****
Election Law Opinion.....4153
****PROPOSED RULES****
Office of the Attorney General
Sexual Assault Prevention and Crisis Services
1 TAC sec.sec.62.25-62.32.....4155
Texas Animal Health Commission
Exotic Livestock and Fowl
4 TAC sec.36.1, sec.36.2.....4160
Texas Department of Economic Development
Rural Industrial Development Finance Plan Closing Procedures
10 TAC sec.161.92.....4160
Railroad Commission of Texas
Rail [Transportation] Division
16 TAC sec.5.10.....4161
Public Utility Commission of Texas
Practice and Procedure
16 TAC sec.sec.22.142, 22.143.....4163
Board of Nurse Examiners
Practice and Procedure
22 TAC sec.sec.213.1-213.33.....4164
22 TAC sec.sec.213.1-213.33.....4165
Texas State Board of Plumbing Examiners
Definitions
22 TAC sec.361.1.....4176
Texas Department of Health
Texas Board of Health
25 TAC sec.sec.1.251-1.255.....4178
25 TAC sec.1.251.....4178
Injury Prevention and Control
25 TAC sec.sec.103.1-103.4, 103.7, 103.8.....4179
Zoonosis Control
25 TAC sec.sec.169.61-169.65.....4181
Vital Statistics
25 TAC sec.181.8, sec.181.9.....4183
25 TAC sec.181.30.....4183
Radiation Control
25 TAC sec.289.230.....4184
Texas Department of Insurance
Property and Casualty Insurance
28 TAC sec.sec.5.10001, 5.10003-5.10004, 5.10007-5.10009, 5.10011.....4196
28 TAC sec.5.10016.....4202
State Fire Marshall
28 TAC sec.34.831.....4204
Texas Workers' Compensation Commission
Accident Prevention Services
28 TAC sec.166.4.....4205
Texas Natural Resource Conservation Commission
Brownfields Initatives
30 TAC sec.sec.333.31- 333.43.....4207
Texas Parks and Wildlife Department
Finance
31 TAC sec.53.1.....4213
31 TAC sec.53.80.....4214
Wildlife
31 TAC sec.65.26.....4215
31 TAC sec.65.26.....4215
31 TAC sec.sec.65.131-65.138.....4216
31 TAC sec.sec.65.309, 65.312-65.320.....4217
31 TAC sec.sec.65.325-65.332.....4222
Texas Water Development Board
Regional Water Planning Guidelines
31 TAC sec.sec.357.5, 357.12.....4223
Financial Assistance Programs
31 TAC sec.sec.363.202, 363.206-363.208.....4225
31 TAC sec.363.206.....4228
31 TAC sec.363.226.....4229
Edwards Aquifer Authority
Definitions
31 TAC sec.703.1.....4229
Comptroller of Public Accounts
Tax Administration
34 TAC sec.3.21.....4234
34 TAC sec.3.741.....4236
Texas Department of Human Services
Medically Needy Program
40 TAC sec.sec.2.1004, 2.1006.....4238
Medicaid Programs-Children and Pregnant Women
40 TAC sec.sec.4.1004, 4.1010.....4239
Medicaid Programs for Aliens
40 TAC sec.5.2004.....4240
Texas Rehabilitation Commission
General Rules
40 TAC sec.101.4.....4241
Contract Administration
40 TAC sec.106.36.....4241
Memoranda of Understanding with Other State Agencies
40 TAC sec.115.2.....4242
Texas Turnpike Authority Division
Project Development
43 TAC sec.sec.52.1-52.8.....4242
****WITHDRAWN RULES***
Texas Department of Licensing and Regulation
Architectural Barriers
16 TAC sec.68.62.....4251
Texas Optometry Board
Interpretations
22 TAC sec.279.5.....4251
Texas Parks and Wildlife Department
Wildlife
31 TAC sec.65.26.....4251
****ADOPTED RULES****
Public Utility Commission of Texas
Practice and Procedure
16 TAC sec.sec.22.281, 22.282, 22.284.....4253
Substantive Rules
16 TAC sec.sec.23.1, 23.2, 23.4.....4254
16 TAC sec.23.25.....4255
16 TAC sec.23.93.....4259
Substantive Rules Applicable to Electric Service Providers
16 TAC sec.sec.25.1-25.4.....4259
Substantive Rules Applicable to Telecommunications Service Providers
16 TAC sec.sec.26.1-26.4.....4260
16 TAC sec.26.141.....4260
Texas Department of Licensing and Regulation
Architectural Barriers
16 TAC sec.sec.68.20, 68.30, 68.31, 68.70, 68.80, 68.90.....4263
Texas State Board of Medical Examiners
Licensure
22 TAC sec.163.1.....4265
22 TAC sec.sec.163.3, 163.5-163.7, 163.12, 163.14, 163.15.....4265
Schedule of Fees and Penalties
22 TAC sec.175.2.....4265
Acupuncture
22 TAC sec.sec.183.2, 183.4, 183.8, 183.18, 183.20, 183.22.....4266
22 TAC sec.183.17, sec.183.23.....4266
Texas Optometry Board
Practice and Procedure
22 TAC sec.277.1.....4266
Interpretations
22 TAC sec.279.1.....4267
22 TAC sec.279.3.....4267
22 TAC sec.279.7.....4268
22 TAC sec.279.16.....4268
Therapeutic Optometry
22 TAC sec.280.4.....4269
Texas Department of Health
Health Planning and Resource Development
25 TAC sec.sec.13.11, 13.13, 13.15, 13.17, 13.18 and 13.19.....4269
Primary Health Care Services Program
25 TAC sec.sec.39.61-39.75.....4272
Zoonosis Control
25 TAC sec.169.101.....4273
Shellfish Sanitation
25 TAC sec.sec.241.50-241.100.....4273
25 TAC sec.sec.241.50-241.67.....4274
Occupational Health
25 TAC sec.sec.295.201-295.216, 295.218-295.220.....4280
Indoor Air Quality
25 TAC sec.sec.297.1-297.6.....4301
Texas Department of Mental Health and Mental Retardation
ICF/MR Programs
25 TAC sec.406.215.....4308
Medicaid Programs
25 TAC sec.409.100.....4309
Texas Department of Insurance
Property and Casualty Insurance
28 TAC sec.5.4016.....4310
Comptroller of Public Accounts
Tax Administration
34 TAC sec.3.329.....4311
34 TAC sec.3.364.....4314
34 TAC sec.3.556.....4316
34 TAC sec.3.562.....4317
Property Tax Administration
34 TAC sec.9.415.....4319
Texas Department of Public Safety
Drivers License Rules
37 TAC sec.sec.15.111, 15.119, 15.120.....4320
Texas Workforce Commission
General Hearings
40 TAC sec.sec.823.1-823.3.....4321
40 TAC sec.sec.823.11-823.15.....4322
40 TAC sec.sec.823.31-823.34.....4323
40 TAC sec.sec.823.41-823.44.....4324
****EXEMPT FILINGS****
Texas Department of Insurance
ADOPTED.....4325
****RULE REVIEW****
Agency Rule Review Plans
Texas Commission on Jail Standards.....4327
General Services Commission.....4327
Texas Military Facilities Commission.....4327
Proposed Rule Reviews
Texas Department of Economic Development.....4327
Texas Board of Nurse Examiners.....4327
Public Utility Commission of Texas.....4327
Texas Rehabilitation Commission.....4328
Adopted Rule Review
Public Utility Commission of Texas.....4328
TABLES AND GRAPHICS
Tables and Graphics
Tables and Graphics.....4329
****OPEN MEETINGS****
State Office of Administrative Hearings
Thursday, May 7, 1998, 9:00 a.m......4347
Tuesday, May 26, 1998, 9:00 a.m......4347
Wednesday, June 24, 1998, 9:00 a.m......4347
Texas Aerospace Commission
Thursday, April 28, 1998, 9:00 a.m......4347
Texas Department on Aging
Tuesday, May 12, 1998, 1:00 p.m......4348
Wednesday, May 13, 1998, 9:30 a.m......4348
Wednesday, May 13, 1998, 10:00 a.m......4348
Wednesday, May 13, 1998, 2:00 p.m......4348
Wednesday, May 13, 1998, 2:00 p.m......4348
Thursday, May 14, 1998, 8:30 a.m......4349
Thursday, May 14, 1998, 2:30 p.m......4349
Texas Department of Agriculture
Tuesday, April 28, 1998, 7:00 p.m......4349
Wednesday, April 29, 1998, 10:30 a.m......4349
Tuesday-Wednesday, May 5-6, 1998, 1:00 p.m. and 8:00 a.m. respectively.....4349
Tuesday, May 5, 1998, 10:30 a.m......4350
Tuesday, May 5, 1998, 1:00 p.m......4350
Wednesday, May 20, 10:30 a.m......4350
Wednesday, May 20, 1:00 p.m......4350
Texas Commission on Alcohol and Drug Abuse
Tuesday, April 28, 1998, 1:00 p.m......4350
Texas Alcoholic Beverage Commission
Monday, April 27, 1998, 1:30 p.m......4350
Texas Boll Weevil Eradication Foundation
Wednesday, April 29, 1998, 9:00 a.m......4351
Texas Bond Review Board
Thursday, April 23, 1998, 10:00 a.m......4351
Council on Competitive Government
Tuesday, April 28, 1998, 1:30 p.m......4351
Texas Association of Counties
Thursday, April 23, 1998, 9:00 a.m......4352
Thursday, April 23, 1998, 9:00 a.m......4352
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.....4352
Tuesday-Wednesday, April 21-22, 1998, 6:00 p.m. and 9:00 a.m.
respectively.....4352
Office of Court Administration
Thursday, May 14, 1998, 10:00 a.m......4353
Monday, May 18, 1998, 10:00 a.m......4353
Texas Department of Criminal Justice
Thursday, April 30, 1998, 10:00 a.m......4353
Texas Planning Council for Developmental Disabilities
Thursday, May 7, 1998, 9:30 a.m......4353
Thursday-Friday, May 7-8, 1998, 1:15 p.m. and 8:30 a.m. respectively.....4354
Friday, May 8, 1998, 12:30 p.m......4354
Texas Education Agency (TEA)
Monday, May 4, 1998, 8:30 a.m......4354
Tuesday, May 5, 1998, 8:30 a.m......4354
Wednesday, May 6, 1998, 8:30 a.m......4355
Thursday, May 7, 1998, 8:30 a.m......4355
Thursday, May 7, 1998, 9:00 a.m......4355
Thursday, May 7, 1998, 11:00 a.m......4355
Thursday, May 7, 1998, 11:00 a.m......4356
Thursday, May 7, 1998, 11:00 a.m......4356
Friday, May 8, 1998, 8:30 a.m......4356
Friday, May 8, 1998, 9:00 a.m......4356
State Board for Educator Certification
Friday, May 1, 1998, 9:00 a.m......4357
State Employee Charitable Campaign
Thursday, April 23, 1998, 9:00 a.m......4357
Monday, April 27, 1998, 3:00 p.m......4357
Tuesday, April 28, 1998, 10:00 a.m......4357
Tuesday, April 28, 1998, 11:00 a.m......4358
Tuesday, April 28, 1998, 3:30 p.m......4358
Wednesday, April 29, 1998, 9:00 a.m......4358
Wednesday, April 29, 1998, 1:00 p.m......4358
Wednesday, April 29, 1998, 3:00 p.m......4358
Employees Retirement System of Texas
Friday, April 24, 1998, 8:30 a.m......4358
Saturday, April 25, 1998, 8:30 a.m......4359
Finance Commission of Texas
Friday, April 24, 1998, 10:00 a.m......4359
General Land Office
Wednesday, April 29, 1998, 3:00 p.m......4359
General Services Commission
Tuesday, April 28, 1998, 9:30 a.m......4360
Texas Department of Health
Wednesday, April 29, 1998, 12:00 p.m......4360
Friday, May 1, 1998, 1:30 p.m......4360
Saturday, May 2, 1998, 9:00 a.m......4360
Monday, May 4, 1998, 10:00 a.m......4361
Wednesday, May 6, 1998, 9:30 a.m......4361
Texas Health Care Information Council
Thursday, April 23, 1998, 1:00 p.m......4361
Thursday, April 23, 1998, 3:00 p.m......4361
Thursday, April 23, 1998, 4:00 p.m......4362
Thursday, April 30, 1998, 4:00 p.m......4362
Friday, May 1, 1998, 8:00 a.m......4362
Friday, May 1, 1998, 8:00 a.m......4362
Friday, May 1, 1998, 9:00 a.m......4362
Friday, May 1, 1998, 10:00 a.m......4363
Texas Healthy Kids Corporation ("THKC")
Tuesday, April 28, 1998, 2:30 p.m......4363
Texas Department of Human Services
Friday, April 24, 1998, 10:00 a.m......4363
Friday, May 1, 1998, 10:00 a.m......4363
Texas Department of Insurance
Wednesday, May 6, 1998, 9:00 a.m......4364
Wednesday, May 6, 1998, 9:00 a.m......4364
Tuesday, May 12, 1998, 9:30 a.m......4364
Board of Law Examiners
Friday, April 17, 1998, 8:30 a.m......4364
Texas Department of Licensing and Regulation
Thursday, April 30, 1998, 9:00 a.m......4364
Thursday, April 30, 1998, 9:00 a.m......4364
Thursday, April 30, 1998, 9:00 a.m......4365
Thursday, April 30, 1998, 9:00 a.m......4365
Texas Lottery Commission
Saturday, April 25, 1998, 8:30 a.m......4365
Tuesday, May 12, 1998, 10:00 a.m......4365
Texas Low-Level Radioactive Waste Disposal Authority
Friday, May 8, 1998, 10:00 a.m......4366
Texas Natural Resource Conservation Commission
Thursday, April 23, 1998, 9:00 a.m......4366
Tuesday, April 30, 1998, 3:00 p.m......4366
Thursday, May 21, 1998, 1:00 p.m......4366
Texas State Board of Pharmacy
Tuesday-Wednesday, May 5-6, 1998, 9:00 a.m......4366
Texas Board of Physical Therapy Examiners
Monday, April 27, 1998, 6:00 p.m......4367
Tuesday, April 28, 1998, 8:30 a.m......4367
Tuesday, April 28, 1998, 10:00 a.m......4367
Texas State Board of Plumbing Examiners
Thursday, April 23, 1998, 10:00 a.m......4368
Texas Department of Protective and Regulatory Services
Friday, April 24, 1998, 9:00 a.m......4368
Texas State Board of Examiners of Psychologists
Friday, May 15, 1998, 8:00 a.m......4368
Public Utility Commission of Texas
Friday, May 1, 1998, 10:00 a.m......4368
Tuesday, May 5, 1998, 10:00 a.m......4369
Tuesday, May 5, 1998, 2:00 p.m......4369
Railroad Commission of Texas
Tuesday, April 28, 1998, 9:30 a.m......4369
Tuesday, April 28, 1998, 9:30 a.m......4369
Tuesday, April 28, 1998, 9:30 a.m......4369
Texas Real Estate Commission
Monday, May 4, 1998, 9:30 a.m......4369
Texas Rural Community Health System
Wednesday, April 29, 1998, 10:00 a.m., Committees; Noon, Full Board.....4370
Texas Savings and Loan Department
Friday, May 15, 1998, 9:00 a.m......4370
State Seed and Plant Board
Wednesday, April 29, 1998, 1:30 p.m......4370
Thursday, April 30, 1998, 8:00 a.m......4371
Structural Pest Control Board
Thursday, April 30, 1998, 9:30 a.m......4371
Teacher Retirement System of Texas
Thursday, April 23, 1998, 4:30 p.m......4371
Friday, April 24, 1998, 8:30 a.m......4371
Saturday, April 25, 1998, 8:30 a.m......4371
Texas State Technical College System
Friday, May 1, 1998, 8:00 a.m......4372
Friday, May 1, 1998, 1:30 p.m......4372
Friday, May 1, 1998, 1:45 p.m......4372
Texas Department of Transportation
Monday, May 11, 1998, 9:30 a.m......4372
The University of Texas System
Monday, April 20, 1998, 4:00 p.m......4372
Monday, April 20, 1998, 4:00 p.m......4373
Tuesday, April 21, 1998, 9:00 a.m......4373
Friday, April 24, 1998, 9:00 a.m......4373
Texas Workers' Compensation Insurance Fund
Tuesday, April 28, 1998, at 8:00 p.m......4373
Wednesday, April 29, 1998, at 1:00 p.m......4373
Texas Council on Workforce and Economic Competitiveness
Monday-Tuesday, April 27-28, 1998, 1:00 p.m. and 8:30 a.m. respectively.....4374
Monday-Tuesday, April 27-28, 1998, 1:00 p.m. and 8:30 a.m. respectively.....4374
Monday-Tuesday, April 27-28, 1998, 1:00 p.m. and 8:30 a.m. respectively.....4374
Monday, April 27, 1998, 10:30 a.m......4374
Monday, April 27, 1998, 10:30 a.m......4375
Tuesday, April 28, 1998, 11:00 a.m......4375
Texas Workforce Commission
Friday, April 24, 1998, 9:00 a.m......4375
Tuesday, April 28, 1998, 9:00 a.m......4375
Regional Meetings
****IN ADDITION****
Texas Commission on Alcohol and Drug Abuse
Correction of Error.....4381
Consultant Services Contract Award.....4381
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency
Agreement/Concurrence under the Texas Coastal Management Program.....4381
Texas Board of Chiropractic Examiners
Correction of Error.....4381
Comptroller of Public Accounts
Notice of Request for Proposals.....4382
Office of Consumer Credit Commissioner
Notice of Rate Ceilings.....4382
Texas Credit Union Department
Application(s) for a Merger or Consolidation.....4382
Application(s) to Amend Articles of Incorporation.....4382
Application(s) to Expand Field of Membership.....4383
Texas Department of Criminal Justice
Correction of Error.....4383
Notice of Cancellation.....4383
Request for Offer -- Independent Verification and Validation.....4383
Request for Offer - Information Technology Architecture Design.....4383
Texas Department of Economic Development
Correction of Error.....4384
Texas Education Agency
Standard Application System Concerning Public Charter Schools, 1997-
1998.....4389
Texas Department of Health
Licensing Action for Radioactive Materials.....4390
Notice of Request for Application for the Medicaid Managed Care Program for the
Dallas and El Paso Service Areas.....4393
Notice of Request for Proposals for Title V Maternal and Child Health Genetic
Services.....4394
Notice of Revised Schedule IV of Controlled Substances.....4394
Texas Department of Housing and Community Affairs
Notice of Administration Hearing MHD1997002042D, MHD1997002176D, MHD1997002177D,
MHD1997002178D.....4398
Notice of Administrative Hearing MHD1997000775C.....4398
Office of Colonia Initiatives --Notice of Determination of Certain
Counties.....4398
Texas Department of Insurance
Insurer Services.....4399
Notice.....4399
Notice.....4399
Notice of Public Hearing.....4399
Third Party Administrator Applications.....4399
Texas Commission on Law Enforcement Officer Standards and Education
Texas Peace Officers' Memorial -- Officers to be Enrolled and Inducted.....4400
Texas Department of Mental Health and Mental Retardation
Notice of Request for Comment Regarding Draft RFA.....4407
Notice to Bidders.....4407
Texas Natural Resource Conservation Commission
Notice of Amendment of a Consulting Services Contract.....4407
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement
Actions.....4408
Notice of Opportunity to Comment on Settlement Agreements of Administrative
Enforcement Actions.....4408
Notice of Public Hearing Correction.....4409
Notice of Public Hearing.....4409
Texas Department of Protective and Regulatory Services
RFP-Provide Services for Two Preparation for Adult Living (PAL) Program.....4410
RFP-Residential Substance Abuse Treatment Services for Adolescent.....4410
Public Utility Commission of Texas
Notice of Application to Implement an Agreed Rate Change.....4411
Notices of Intent to File Customer-Specific Contract Pursuant to P.U.C.
Substantive Rule sec.23.27(c).....4411
Texas State Soil and Water Conservation Board
Request for FY99 Proposal Submittal.....4412
Telecommunications Infrastructure Fund Board
Telecommunications Infrastructure Fund Board Library Internet TIFTech Training
Request for Proposals.....4412
Texas Department of Transportation
Notice of Invitation-Laredo District.....4412
Notice of Invitiation-Odessa District.....4415
The Texas A & M University System
Request for Proposal.....4417
Texas Workers' Compensation Commission
Correction of Error.....4418
Texas Workforce Commission
Notice of Availability of Funds.....4418
Notice of Intent to Review Catalogue.....4419
Texas Veterans Commission
Request for Proposals.....4419