Texas Register
Vol. 23 No. 19
May 8, 1998
Pages 4421-4705
****ATTORNEY GENERAL****
Open Records Request.....4429
****EMERGENCY RULES****
Texas Youth Commission
Youth Rights and Remedies
37 TAC sec.93.1.....4431
****PROPOSED RULES****
Advisory Commission on State Emergency Communications
Regional Plans-Standards
1 TAC sec.251.9.....4433
Finance Commission of Texas
Consumer Credit Consumer
7 TAC sec.1.102.....4435
Currency Exchange
7 TAC sec.4.3.....4437
Rules of Procedure for Contested Case Hearings, Appeals, and Rulemakings
7 TAC sec.9.34.....4438
Texas Department of Banking
Trust Company Regulation
7 TAC sec.17.3.....4439
Trust Company Corporate Activities
7 TAC sec.sec.21.1-21.3.....4441
7 TAC sec.21.31, sec.21.32.....4442
7 TAC sec.21.41, sec.21.42.....4444
Credit Union Department
Chartering, Operations, Mergers, Liquidations
7 TAC sec.91.209.....4447
Texas Department of Housing and Community Affairs
Manufactured Housing
10 TAC sec.80.1.....4449
10 TAC sec.sec.80.21-80.29, 80.36-80.41.....4449
10 TAC sec.sec.80.51-80.65, 80.67.....4449
10 TAC sec.sec.80.118, 80.121, 80.123-80.126, 80.129-80.132, 80.135.....4450
10 TAC sec.sec.80.181-80.186.....4450
10 TAC sec.sec.80.201-80.208.....4451
Texas Department of Housing and Community Affairs
10 TAC sec.80.11.....4455
10 TAC sec.80.20.....4457
10 TAC 80.50-80.56, 80.62-80.64, 80.66.....4458
10 TAC sec.sec.80.119-80.123, 80.125-80.128, 80.130-80.132, 80.135.....4467
10 TAC sec.80.180.....4479
10 TAC sec.sec.80.202-80.208.....4479
Texas State Library and Archives Commission
General Policies Procedures
13 TAC sec.sec.2.1, 2.111-2.1555.....4483
13 TAC sec.2.11.....4484
13 TAC sec.sec.2.111-2.119.....4485
13 TAC sec.sec.2.120-2.125.....4486
13 TAC sec.sec.2.130-2.135.....4487
13 TAC sec.sec.2.150-2.155.....4489
Public Utility Commission of Texas
Substantive Rules
16 TAC sec.23.24.....4491
Substantive Rules Applicable to Electric Service Providers
16 TAC sec.25.84.....4495
16 TAC sec.sec.25.271-25.274.....4496
16 TAC sec.25.223.....4500
Texas State Board of Examiners of Perfusionists
Perfusionists
22 TAC sec.761.2.....4506
Council on Sex Offender Treatment
Council on Sex Offender Treatment
22 TAC sec.sec.810.1-810.9.....4507
22 TAC sec.sec.810.31-810.34.....4511
22 TAC sec.sec.810.61-810.64.....4511
22 TAC sec.sec.810.91-810.92.....4516
Texas Natural Resource Conservation Commission
Regulatory Flexibility
30 TAC sec.90.1, sec.90.2.....4522
30 TAC sec.sec.91.10, 90.12, 90.14, 90.16, 90.18, 90.20.....4522
Control of Air Pollution From Toxic Materials
30 TAC sec.sec.113.2060, 113.2061, 113.2067, 113.2069.....4523
Texas Youth Commission
Admission and Placement
37 TAC sec.sec.85.21, 85.23, 85.25.....4526
Youth Discipline
37 TAC sec.95.9.....4531
Texas Department of Human Services
Special Nutrition Programs
40 TAC sec.12.14.....4532
Emergency Response Services
40 TAC sec.52.301.....4532
40 TAC sec.52.401, sec.52.402.....4533
40 TAC sec.52.503.....4534
Contracted Services
40 TAC sec.69.202, sec.69.208.....4535
Texas Rehabilitation Commission
General Rules
40 TAC sec.sec.101.1, 101.2, 101.8, 101.9, 101.10, 101.13.....4535
40 TAC sec.101.6, sec.101.7.....4537
Vocational Rehabilitation Services Program
40 TAC sec.sec.103.1, 103.4, 103.9, 103.11-103.13, 103.15-103.17,
103.19.....4537
40 TAC sec.103.21.....4540
40 TAC sec.103.31, sec.103.32.....4540
40 TAC sec.sec.103.41, 103.42, 103.44.....4541
40 TAC sec.sec.103.51-103.55.....4542
Extended Rehabilitation Services Program
40 TAC sec.sec.105.1, 105.3-105.5.....4543
40 TAC sec.105.6.....4544
Independent Living Services Program
40 TAC sec.sec.107.1, 107.2, 107.5.....4544
Medicaid Waiver Program for People Who Are [with]
Deaf-Blind [Deaf-Blindness] with
[and] Multiple Disabilities
40 TAC sec.sec.111.1-111.4.....4545
Comprehensive Rehabilitation Services
40 TAC sec.sec.113.1, 113.2, 113.4, 113.5.....4546
Memoranda of Understanding with Other State Agencies
40 TAC sec.115.6.....4547
40 TAC sec.115.8.....4547
Advisory Committees/Councils
40 TAC sec.116.5.....4548
40 TAC sec.116.6, sec.116.7.....4548
Council on Sex Offender
Sex Offender Treatment Provider Registry
40 TAC sec.sec.510.1-510.9.....4549
Criminal Background Check Security
40 TAC sec.sec.511.1-511.4.....4549
Standards of Practice
40 TAC sec.sec.512.1-512.3.....4550
Code of Professional Ethics
40 TAC sec.sec.513.1-513.2.....4551
Texas Department of Protective and Regulatory Services
Protection of Clients and Staff
40 TAC sec.sec.710.41-710.50.....4551
40 TAC sec.sec.710.41-710.55.....4552
40 TAC sec.725.2048.....4558
****ADOPTED RULES****
Office of the Secretary of State
Elections
1 TAC sec.81.73.....4561
General Services Commission
Central Purchasing Division
1 TAC sec.sec.113.2, 113.7, 113.11.....4561
1 TAC sec.113.7.....4561
Texas Department of Agriculture
Boll Weevil Eradication Program
4 TAC sec.3.113.....4562
Finance Commission of Texas
Consumer Credit Commissioner
7 TAC sec.sec.1.30-1.34, 1.36-1.40.....4563
7 TAC sec.sec.1.31-1.34, 1.36-1.40.....4563
Currency Exchange
7 TAC sec.4.6.....4564
Texas Department of Banking
Trust Company Regulation
7 TAC sec.17.23.....4564
Trust Company Corporate Activities
7 TAC sec.sec.21.4-21.8.....4566
7 TAC sec.21.23.....4566
Texas Savings and Loan Department
Miscellaneous
7 TAC sec.79.109, sec.79.110.....4566
Credit Union Department
Chartering, Operations, Mergers, Liquidations
7 TAC sec.91.103.....4567
7 TAC sec.91.104.....4567
7 TAC sec.91.701.....4567
7 TAC sec.91.1003.....4568
7 TAC sec.91.3001, sec.91.3002.....4568
Commission Policies and Administrative Rules
7 TAC sec.97.113.....4569
Public Utility Commission of Texas
Substantive Rules Applicable to Telecommunications Service Providers
16 TAC sec.26.283.....4569
Employees Retirement System
Flexible Benefits
34 TAC sec.sec.85.1, 85.3, 85.7, 85.9.....4571
Texas Department of Human Services
Nursing Facility Requirements for Licensure and Medicaid Certification
40 TAC sec.19.901.....4572
Texas Department of Protective and Regulatory Services
Day Care Licensing
40 TAC sec.715.231.....4572
40 TAC sec.715.330.....4572
40 TAC sec.715.433.....4572
40 TAC sec.sec.715.501-715.507.....4573
General Licensing Procedures
40 TAC sec.725.1001.....4573
40 TAC sec.725.1403.....4573
40 TAC sec.725.1804.....4573
40 TAC sec.sec.725.2002, 725.2018, 725.2020, 725.2023, 725.2024, 725.2028,
725.2030, 725.2033, 725.2046.....4574
40 TAC sec.725.2025, sec.725.2031.....4574
40 TAC sec.725.4052.....4574
40 TAC sec.725.7001.....4574
****RULE REVIEW****
Proposed Rule Reviews
Texas Board of Chiropractic Examiners.....4575
Texas Rehabilitation Commission.....4575
****TABLES AND GRAPHICS****
Tables and Graphics.....4579
****OPEN MEETINGS****
Texas State Board of Public Accountancy
Wednesday, May 13, 1998, 9:00 a.m......4617
Wednesday, May 13, 1998, 1:00 p.m......4617
Texas Department on Aging
Thursday, May 14, 1998, 8:30 a.m......4617
Texas Commission on Alcohol and Drug Abuse
Tuesday, May 5, 1998, Noon.....4618
Friday, May 8, 1998, 1:30 p.m......4618
Texas State Board of Barber Examiners
Tuesday, May 5, 1998, 9:00 a.m......4618
Texas School for the Blind and Visually Impaired
Friday, May 1, 1998, Noon.....4618
Texas Cancer Council
Tuesday, April 28, 1998, 3:15 p.m......4618
Texas Board of Chiropractic Examiners
Thursday, May 7, 1998, 9:00 a.m......4619
Thursday, May 7, 1998, 9:00 a.m......4619
Thursday, May 7, 1998, 10:00 a.m......4619
Thursday, May 7, 1998, 10:00 a.m......4619
Thursday, May 7, 1998, 11:00 a.m......4620
Thursday, May 7, 1998, 1:30 p.m......4620
Comptroller of Public Accounts
Thursday, May 7, 1998, 11:00 a.m.......4620
Texas Cosmetology Commission
Monday, April 27, 1998, 10:00 a.m......4620
Office of Court Administration
Thursday, May 14, 1998, 10:00 a.m., rescheduled from 10:00 p.m......4621
Tuesday, May 19, 1998, 1:00 p.m......4621
State Board of Dental Examiners
Friday, May 15, 1998, 10:00 a.m......4621
Saturday, May 23, 1998, 10:00 a.m......4621
Texas Planning Council for Developmental Disabilities
Friday, May 15, 1998, 9:30 a.m......4621
Texas Education Agency (TEA)
Thursday, May 7, 1998, 11:00 a.m......4622
Friday, May 8, 1998, 9:00 a.m......4622
Wednesday, May 13, 1998, 10:00 a.m......4622
State Employee Charitable Campaign
Thursday, May 7, 1998, 10:00 a.m......4623
Texas Energy Coordination Council (TECC)
Thursday, May 7, 1998, 10:00 a.m......4623
Texas Ethics Commission
Friday, May 8, 1998, 9:30 a.m......4623
Texas Funeral Service Commission
Monday, May 4, 1998, 10:00 a.m......4623
Monday, May 4, 1998, 11:00 a.m......4623
Monday, May 4, 1998, 1:30 p.m......4624
Monday, May 4, 1998, 4:00 p.m......4624
Monday, May 4, 1998, 4:00 p.m......4624
Tuesday, May 5, 1998, 9:00 a.m......4624
Wednesday, May 6, 1998, 8:30 a.m......4625
Wednesday, May 6, 1998, 3:00 p.m......4625
Thursday, May 7, 1998, 9:00 a.m......4625
General Land Office
Tuesday, May 5, 1998, 10:00 a.m......4626
Office of the Governor-Criminal Justice Division
Monday, May 4, 1998, 5:30 p.m......4626
Texas Department of Health
Saturday, May 9, 1998, 9:30 a.m......4626
Saturday, May 9, 1998, 10:30 a.m......4626
Saturday, May 9, 1998, 11:00 a.m......4627
Saturday, May 9, 1998, 11:30 a.m......4627
Saturday, May 9, 1998, 1:00 p.m......4627
Friday, May 15, 1998, 9:00 a.m......4627
Friday, May 22, 1998, 1:30 p.m......4628
Health and Human Services Commission
Thursday, May 14, 1998, 9:15 a.m......4628
Health Professions Council
Monday, May 11, 1998, 9:00 a.m......4628
Texas Healthy Kids Corp. ("THKC")
Wednesday, May 6, 1998, 9:30 a.m......4628
Texas Department of Insurance ("TDI")
Wednesday, May 6, 1998, 9:30 a.m......4629
Monday, May 11, 1998, 9:00 a.m......4629
Tuesday, May 12, 1998, 1:00 p.m......4629
Monday, May 18, 1998, 9:30 a.m......4629
Tuesday, May 19, 1998, 9:00 a.m......4629
Tuesday, May 19, 1998, 9:00 a.m......4630
Wednesday, May 27, 1998, 9:00 a.m......4630
Board of Law Examiners
Saturday, May 2, 1998, 8:30 a.m......4630
Sunday, May 3, 1998, 2:00 p.m. and continuing Monday, May 4, 1998, 8:00
a.m......4630
Sunday, May 3, 1998, 4:00 p.m......4630
Sunday, May 3, 1998, 4:00 p.m......4630
Monday, May 4, 1998, Noon......4630
Texas State Library and Archives Commission
Monday, May 11, 1998, 1:00 PM......4631
Monday, May 11, 1998, 1:30 p.m......4631
Texas Department of Licensing and Regulation
Thursday May 7, 1998, 9:00 a.m......4631
Texas Natural Resource Conservation Commission
Wednesday, May 6, 1998, 2:00 p.m......4631
Thursday, May 7, 1998, 8:30 a.m......4632
Thursday, May 7, 1998, 10:00 a.m......4632
Tuesday, May 12, 1998, 10:00 a.m......4632
Tuesday, May 12, 1998, 10:00 a.m......4632
Tuesday, May 12, 1998, 10:00 a.m......4633
Board of Nurse Examiners
Wednesday, May 20, 1998, 9:30 a.m......4633
Texas Board of Occupational Therapy Examiners
Tuesday, May 5, 1998, 8:30 a.m......4633
Texas State Occupational Coordinating Committee
Wednesday, May 6, 1998, 2:00 p.m......4633
Texas State Board of Physician Assistant Exam
Friday, May 8, 1998, 8:30 a.m......4633
Friday, May 8, 1998, 8:30 a.m......4634
Friday, May 8, 1998, 11:00 a.m......4634
Friday, May 8, 1998, 1:30 p.m......4634
Texas State Board of Plumbing Examiners
Monday, May 11, 1998, 8:30 a.m......4634
Texas Board for Licensure for Professional Medical Physicists
Wednesday, May 13, 1998, Noon.....4635
Texas Medical Liability Insurance Underwriting Association (JUA)
Wednesday, May 20, 1998, 9:00 a.m......4635
Texas Department of Public Safety
Tuesday, May 12, 1998, 1:30 p.m......4635
Public Utility Commission of Texas
Saturday, May 2, 1998, 8:30 a.m......4635
Wednesday, May 6, 1998, 9:30 a.m......4636
Wednesday, May 6, 1998, 9:30 a.m......4636
Texas Low-Level Radioactive Waste Disposal Authority
Friday, May 8, 1998, 9:00 a.m......4636
Railroad Commission of Texas
Tuesday, April 28, 1998, 9:30 a.m......4636
Tuesday, May 5, 1998, 9:30 a.m......4636
Tuesday, May 5, 1998, 9:30 a.m......4637
Employees Retirement System
Tuesday, May 12, 1998, 1:30 p.m......4637
Texas Municipal Retirement System
Sunday, May 22, 1998, 9:30 a.m......4637
State Securities Board
Thursday, June 4, 1998, 9:00 a.m......4637
Spindletop Centennial Celebration Commission
Friday, May 15, 1998, Noon.....4637
Teacher Retirement System of Texas
Tuesday, May 12, 1998, Noon.....4637
The Board of Regents, Texas A&M University System
Friday, May 1, 1998, 10:00 a.m......4638
Texas State Technical College System
Friday, May 1, 1998, 11:30 a.m......4638
Friday, May 1, 1998, 1:30 p.m......4638
Saturday, May 2, 1998, 8:00 a.m......4638
Texas Woman's University
Saturday, May 2, 1998, 9:00 a.m......4638
The Texas State University System
Thursday-Friday, April 30-May 1, 1998, 8:15 a.m. and 9:00 a.m.
respectively.....4639
Texas Department of Transportation
Thursday, April 30, 1998, 9:00 a.m......4639
Utilization Review Advisory Committee
Tuesday, May 5, 1998, 1:00 p.m......4639
Texas Board of Veterinary Medical Examiners
Thursday, May 14, 1998, 8:30 a.m......4639
Texas Commission on Volunteerism and Community Service
Thursday, May 7, 1998, 2:30 p.m......4639
Texas Water Conservation Association Risk Management Fund
Thursday, May 7, 1998, 10:00 a.m......4640
Texas Workers' Compensation Commission
Thursday, April 30, 1998, 1:30 p.m......4640
Friday, May 1, 1998, 8:30 a.m......4640
Texas Workforce Commission
Wednesday, May 6, 1998, 10:00 a.m......4640
Wednesday, May 6, 1998, 1:30 p.m......4641
Regional Meetings
****IN ADDITION****
Texas Department of Agriculture
Notice of Public Hearing.....4645
Office of the Attorney General
Texas Clean Air Act Enforcement Settlement Notice.....4645
Central Texas Workforce Commission
Request for Proposals.....4645
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency
Agreement/Concurrence under the Texas Coastal Management Program.....4646
Office of Consumer Credit Commissioner
Notice of Rate Ceilings.....4647
Texas Department of Criminal Justice
Notice to Bidders.....4647
Texas Department of Economic Development
Notice of Deadline for Submission of Defense Economic Adjustment Assistance
Grant Applications.....4648
Texas Education Agency
Request for Application Concerning Public Law 103-382, Elementary and Secondary
Education Act (ESEA) Title I, Part A-Capital Expenses, 1998-1999.....4648
Edwards Aquifer Authority
Consolidated Notice of Receipt of Applications, Determination of Administrative
Completeness, Proposed Initial Regular Permit, and Technical Summary.....4648
General Services Commission
Notice of Contract Airline Fares Request for Proposal.....4669
Notices of Request for Offers for the Purchase of Raw Land in Brownsville,
Texas.....4670
Notice of Request for Offers for the Purchase of Raw Land in McKinney,
Texas.....4670
Notice of Request for Offers for the Purchase of Raw Land in Terrell,
Texas.....4670
Texas Department of Health
Notice of Emergency Cease and Desist Order - Coulter Radiology.....4670
Notice of Intent to Revoke Certificates of Registration.....4671
Notice of Intent to Revoke Radioactive Material Licenses.....4671
Notice of Request for Application for the Medicaid Managed Care Program for the
Dallas and El Paso Service Areas.....4671
Notice of Request for Proposals for Diabetes Education in the Elementary School
Project.....4672
Health and Human Services Commission
Notices of Public Hearing.....4673
Texas Department of Housing and Community Affairs
Notice of Administrative Hearing (MHD1997001104D).....4673
Notice of Administrative Hearing (MHD1997003035D, MHD1997003233D).....4674
Notice of Administrative Hearing (MHD1996001064C, MHD1997000962T,
MHD1997001895C, MHD1998000031W, MHD1998000268W).....4674
Notice of Administrative Hearing (MHD1997002206D).....4674
Notice of Administrative Hearing (MHD1997001660M, MHD1997002217D).....4674
Notice of the State Of Texas Action Plan For Disaster Recovery Initiative
Funds.....4675
Request for Proposals.....4676
Texas Department of Insurance
Insurer Services.....4677
Texas Natural Resource Conservation Commission
Enforcement Orders.....4677
Notice of Application to Appropriate Public Waters of the State of
Texas.....4680
Notice of Applications for Waste Disposal/Discharge Permits.....4681
Notice of Opportunity to Comment on Settlement Agreements of Administrative
Enforcement Actions.....4682
Notice of Proposed Delisting - Bestplate, Inc. State Superfund Site.....4683
Notice of Public Hearing.....4684
Notice of Public Hearing.....4685
Proposal for Decision.....4685
North Central Texas Council of Governments
Request for Proposals.....4685
North Texas Local Workforce Development Board
Request for Proposals.....4686
Texas State Board of Pharmacy
Notification of Meeting of Task Force on Pharmacists' Working Conditions and
Their Impact on the Public Health.....4686
Texas Planning Council for Developmental Disabilities
Intent to Award Grant.....4686
Texas Department of Protective and Regulatory Services
Request for Proposal-Texas Families: "Together and Safe".....4687
Public Utility Commission of Texas
Application in Compliance with Substantive Rule sec.23.67.....4687
Application in Compliance with Substantive Rule sec.23.67 and sec.23.70.....4688
Notice of Application for Amendment to Service Provider Certificate of Operating
Authority.....4688
Notice of Application for Approval of IntraLATA Equal Access Implementation Plan
Pursuant to P.U.C. Substantive Rule sec.23.103.....4688
Notices of Application to Amend Certificate of Convenience and
Necessity.....4688
Notice of Petition for a Good Cause Exemption to P.U.C. Substantive Rules
sec.23.11(q)(3) and sec.23.12(b)(2).....4689
Notice of Workshop on 1999 Telecommunications Scope of Competition
Report.....4689
Public Notice of Amendment to Interconnection Agreement.....4689
Public Notices of Interconnection Agreement.....4690
Council on Sex Offender Treatment
Rule Conversion Chart for Council on Sex Offender Treatment.....4694
Teacher Retirement System of Texas
Consultant Contract Award.....4695
Texas Department of Transportation
Correction of Error.....4696
Notice of Invitation--Contract Number 02-845P5002.....4696
Notice of Invitation--Contract Number 02-745P5003.....4697
Notice of Invitation--Contract Number 02-745P5009.....4699
Notice of Invitation--Contract Number 02-745P5011.....4700
Notice of Invitation--Contract Number 02-845P5003.....4702
Public Notice- Dallas and Forth Worth Districts.....4703
Texas Workforce Commission
Request for Proposals - Microenterprise Development Pilot Program.....4703