Texas Register Vol. 23 No. 20 May 15, 1998 Pages 4707-5268 ****ATTORNEY GENERAL**** Request for Opinion.....4715 ****TEXAS ETHICS COMMISSION**** Advisory Opinion Request.....4717 ****EMERGENCY RULES**** Texas Workforce Commission Food Stamp Employment and Training 40 TAC sec.sec.813.1, 813.2.....4719 40 TAC sec.sec.813.1, 813.2.....4719 ****PROPOSED RULES**** General Services Commission Central Purchasing Division 1 TAC sec.113.1.....4721 Public Utility Commission of Texas Substantive Rules 16 TAC sec.23.3.....4721 16 TAC sec.sec.23.11, 23.12, 23.13, 23.14.....4722 Substantive Rules Applicable to Electric Service Providers 16 TAC sec.25.5.....4723 16 TAC sec.sec.25.71-25.83, 25.89, 25.100.....4727 Substantive Rules Applicable to Telecommunications Service Providers 16 TAC sec.26.5.....4734 16 TAC sec.sec.26.71-26.82, 26.897, 26.98, 26.100.....4746 Texas Department of Licensing and Regulation Regulation of Certain Traportation Services Provider 16 TAC sec.sec.69.1. 69.10, 69.20, 69.21, 69.22, 69.60, 69.70, 69.80, 69.90, 69.91.....4755 State Board for Educator Certification Professional Educator Preparation and Certification 19 TAC sec.230.601.....4756 General Requirements Appiclabe to All Certificates Issued 19 TAC sec.sec.232.500, 232.510, 232.520.....4757 19 TAC sec.sec.232.800, 232.810, 232.820, 232.830, 232.840, 232.850, 232.860, 232.870, 232.880, 232.890, 232.900.....4758 Texas Optometry Board Examinations 22 TAC sec.271.1.....4762 22 TAC sec.271.2.....4762 22 TAC sec.271.3.....4763 22 TAC sec.271.4.....4764 22 TAC sec.271.6.....4764 General Rules 22 TAC sec.273.1.....4765 22 TAC sec.273.4.....4765 22 TAC sec.273.5.....4766 22 TAC sec.273.6.....4766 22 TAC sec.273.7.....4767 22 TAC sec.273.8.....4767 Practice and Procedure 22 TAC sec.277.2.....4768 Interpretations 22 TAC sec.279.5.....4769 22 TAC sec.279.14.....4770 22 TAC sec.279.15.....4770 Therapeutic Optometry 22 TAC sec.280.1.....4771 22 TAC sec.280.2.....4772 Texas State Board of Podiatric Medical Examiners Continuing Education 22 TAC sec.378.8.....4772 Radiologic Technologists 22 TAC sec.382.4.....4773 22 TAC sec.382.7.....4773 Texas Real Estate Commission Professional Agreements and Standard Contracts 22 TAC sec.sec.537.11, 537.22, 537.42, 537.45, 537.46.....4774 Texas Department of Mental Health and Mental Retardation Internal Facilities Management 25 TAC sec.sec.407.151-407.161.....4775 Medicaid Programs 25 TAC sec.sec.409.101, 409.102.....4776 25 TAC sec.sec.409.151-409.163, 409.165-409.173.....4778 Texas Natural Resource Conservation Commission Financial Assurance 30 TAC sec.sec.37.1301, 37.1311, 37.1321.....4779 Spill Prevention and Control 30 TAC sec.327.5.....4782 Underground Injection Control 30 TAC sec.331.5.....4784 Composting 30 TAC sec.332.4.....4787 30 TAC sec.332.23.....4788 30 TAC sec.332.37.....4788 30 TAC sec.332.45.....4789 Brownfields Initiatives 30 TAC sec.sec.333.2, 333.7-333.10.....4791 30 TAC sec.333.11.....4793 Petroleum Storage Tank Program 30 TAC sec.334.71.....4795 30 TAC sec.334.201.....4795 30 TAC sec.334.503.....4796 Industrial Solid Waste and Municipal Hazardous Waste 30 TAC sec.335.8.....4799 30 TAC sec.335.551.....4800 Texas Risk Reduction Program 30 TAC sec.sec.350.1-350.5.....4830 30 TAC sec.sec.350.31-350.35.....4840 30 TAC sec.sec.350.51-351.62.....4848 30 TAC sec.sec.350.91-350.96.....4866 30 TAC sec.sec.350.111-350.117.....4879 30 TAC sec.sec.350.131, sec.350.132.....4883 General Land Office Executive Administration 31 TAC sec.sec.1.1, 1.2.....4884 Comptroller of Public Accounts Tax Administration 34 TAC sec.3.297.....4885 Texas Rehabilitation Commission Developmental Disabilities Council [Program] 40 TAC sec.sec.109.1-109.6.....4888 Texas Workforce Commission General Administration 40 TAC sec.800.61.....4890 40 TAC sec.800.62.....4891 Food Stamp Employment and Training 40 TAC sec.sec.813.1, 813.2.....4893 40 TAC sec.sec.813.1, 813.2.....4893 Welfare to Work 40 TAC sec.sec.839.1-839.3.....4893 Vehicle Titles and Registration 43 TAC sec.17.22.....4894 ****WITHDRAWN RULES**** State Board of Educator Certification General Requirements Applicable to All Certification Issued 19 TAC sec.sec.232.500, 232.510, 232.520.....4899 19 TAC sec.sec.232.800, 232.810, 232.820, 232.830, 232.840, 232.850, 232.860, 232.870, 232.880, 232.890.....4899 Texas Real Estate Commission Professional Agreements and Standard Contracts 22 TAC sec.sec.537.11, 537.42.....4899 ****ADOPTED RULES**** Texas Department of Agriculture Boll Weevil Eradication Program 4 TAC sec.sec.3.50, 3.51, 3.53, 3.54.....4901 4 TAC sec.sec.3.54-3.57.....4901 4 TAC sec.3.70, sec.3.71.....4902 4 TAC sec.sec.3.70-3.78, 3.80, 3.81.....4902 Texas Animal Health Commission Brucellosis 4 TAC sec.35.2.....4902 4 TAC sec.35.3.....4903 Equine 4 TAC sec.49.1.....4903 Office of Consumer Credit Commissioner Rules of Operations for Pawnshops 7 TAC sec.85.2.....4904 Texas Lottery Commission Bingo Regulation and Tax 16 TAC sec.402.554.....4905 16 TAC sec.402.555.....4907 Texas Cosmetology Commission General Rules and Regulations 22 TAC sec.89.1.....4909 Board of Nurse Examiners Licensure and Practice 22 TAC sec.217.5.....4910 22 TAC sec.217.7.....4910 Texas Board of Professional Land Surveying General Rules of Procedures and Practices 22 TAC sec.661.41.....4910 22 TAC sec.661.95.....4911 State Board of Examiners for Speech-Language Pathology and Audiology Speech-Language Pathologists and Audiologists 22 TAC sec.741.2.....4912 22 TAC sec.741.12.....4912 22 TAC sec.741.32.....4912 22 TAC sec.741.41.....4912 22 TAC sec.sec.741.62, 741.64, 741.65.....4912 22 TAC sec.sec.741.82, 741.84, 741.85.....4913 22 TAC sec.741.91.....4914 22 TAC sec.741.103.....4914 22 TAC sec.741.193.....4915 Texas Department of Insurance General Administration 28 TAC sec.1.415.....4915 Texas Natural Resource Conservation Commission Regional Assessments of Water Quality 30 TAC sec.sec.220.1-220.7.....4918 30 TAC sec.220.21, sec.220.22.....4918 Regional Assessments of Water Quality 30 TAC sec.sec.320.1-320.9.....4919 30 TAC sec.320.21, sec.320.22.....4919 Texas Parks and Wildlife Department Finance 31 TAC sec.53.60.....4920 Texas Department of Human Services Legal Services 40 TAC sec.sec.79.1601-79.1614.....4921 40 TAC sec.sec.79.1601-79.1613.....4921 Texas Department of Transportation Vehicle Title and Registration 43 TAC sec.17.24.....4921 43 TAC sec.17.50.....4924 ****EXEMPT FILINGS**** Texas Department of Insurance PROPOSED ACTION.....4925 PROPOSED ACTION.....4925 PROPOSED ACTION.....4926 PROPOSED ACTION.....4926 ADOPTION.....4927 ****RULE REVIEW**** Agency Rule Review Plans Texas Board of Chiropractic Examiners.....4935 Texas Water Development Board.....4935 Texas Optometry Board.....4935 Texas Natural Resource Conservation Commission.....4935 General Land Office.....4935 State Office of Administrative Hearings.....4935 State Board for Educator Certification.....4935 Texas Real Estate Commission.....4935 Proposed Rule Review Public Utility Commission of Texas.....4935 Texas Rehabilitation Commission.....4936 Adopted Rule Review Texas Board of Professional Land Surveying.....4936 Texas Board of Professional Land Surveying.....4936 ****TABLES AND GRAPHICS**** Tables and Graphics.....4939 ****OPEN MEETINGS**** Texas State Board of Public Accountancy Tuesday, May 12, 1998, 1:30 p.m......5215 Wednesday, May 13, 1998, 2:00 p.m......5215 Wednesday, May 13, 1998, 4:00 p.m......5216 Thursday, May 14, 1998, 9:00 a.m......5216 State Office of Administrative Hearings Monday, May 11, 1998, 10:00 a.m......5216 Tuesday, May 19, 1998, 9:00 a.m......5216 Monday, July 27, 1998, 10:00 a.m......5216 Texas Commission on the Arts Tuesday, May 27, 1998, 8:30 a.m......5216 Tuesday, May 27, 1998, 10:15 a.m......5217 Wednesday, May 28, 1998, 8:30 a.m......5217 Texas Commission for the Blind Thursday, May 14, 1998, 8:30 a.m......5218 Thursday, May 14, 1998, 9:15 a.m......5218 Thursday, May 14, 1998, 10:00 a.m......5218 Thursday, May 14, 1998, Noon.....5218 Thursday, May 14, 1998, 1:30 p.m......5218 Friday, May 15, 1998, 9:00 a.m......5219 Texas Bond Review Board Tuesday, May 12, 1998, 10:00 a.m......5219 Coastal Coordination Council Wednesdy, May 13, 1998, 1:30 p.m......5219 Comptroller of Public Accounts Monday, May 18, 1998, 10:30 a.m......5219 Texas Department of Criminal Justice Thursday, May 7, 1998, 1:30 p.m......5220 Friday, May 8, 1998, 9:00 a.m......5220 Monday, May 11, 1998, 10:00 a.m......5220 Monday, May 11, 1998, 1:00 p.m......5221 The Daughters of the Republic of Texas, Inc. Wednesday-Thursday, May 20-21, 1998 -- Board of Management; May 22-23,1998 -- Convention.....5221 State Board of Dental Examiners Friday, May 22, 1998, 10:00 a.m......5221 Interagency Council on Early Childhood Intervention Wednesday, May 20, 1998, 9:30 a.m......5221 State Employee Charitable Campaign Monday, May 11, 1998, 3:30 p.m......5222 Tuesday, May 12, 1998, 3:00 p.m......5222 Wednesday, May 13, 1998, 1:30 p.m......5222 Wednesday, May 13, 1998, 1:30 p.m......5222 Friday, May 22, 1998, 3:30 p.m......5222 Wednesday, June 3, 1998, 1:30 p.m......5223 Office of the Governor Wednesday-Thursday, May 13-14, 1998, 5:00 p.m., 12:00 p.m. respectively.....5223 Texas Growth Fund Monday, May 11, 1998, 10:45 a.m......5223 Texas Department of Health Thursday, May 14, 1998, 9:00 a.m......5223 Monday, May 18, 1998, 9:30 a.m......5223 Monday, May 18, 1998, 11:00 a.m......5224 Texas Health Insurance Risk Pool ("Health Pool") Thursday, May 7, 1998, 11:45 a.m......5224 Texas Higher Education Coordinating Board Tuesday, May 5, 1998, 9:30 a.m......5224 Wednesday, May 13, 1998, 10:00 a.m......5224 Texas HMO Solvency Surveillance Committee Friday, May 15, 1998, 9:00 a.m......5224 Texas Department of Human Services Thursday, May 14, 1998, 9:00 a.m......5224 Thursday, May 14, 1998, 2:30 p.m......5225 Friday, May 15, 1998, 10:00 a.m......5225 Texas Department of Insurance Tuesday, May 12, 1998, 9:30 a.m......5225 Monday, May 18, 1998, 9:00 a.m......5225 Friday, May 22, 1998, 9:00 a.m......5225 Monday, May 26, 1998, 9:00 a.m......5225 Wednesday, May 27, 1998, 9:00 a.m......5226 Friday, May 29, 1998, 9:00 a.m......5226 Commission on Jail Standards Wednesday, May 20, 1998, 9:00 a.m......5226 Texas Department of Licensing and Regulation Monday, May 18, 1998, 9:30 a.m......5226 Texas Medical Liability Insurance Underwriting Association (JUA) Tuesday, May 26, 1998, 9:00 a.m......5226 Texas Mental Health and Mental Retardation Board Tuesday, May 12, 1998, 9:00 a.m......5227 Tuesday, May 12, 1998, 10:00 a.m......5227 Tuesday, May 12, 1998, 1:00 p.m......5227 Tuesday, May 12, 1998, 2:00 p.m......5227 Tuesday, May 12, 1998, 3:00 p.m......5228 Wednesday, May 13, 1998, 9:30 a.m......5228 Midwestern State University Thursday, May 7, 1998, 2:00 p.m......5228 Thursday, May 7, 1998, 2:30 p.m......5228 Thursday, May 7, 1998, 3:30 p.m......5229 Thursday, May 7, 1998, 4:00 p.m......5229 Thursday, May 7, 1998, 4:30 p.m......5229 Thursday, May 7, 1998, 4:45 p.m......5229 Friday, May 9, 1998, 9:00 a.m......5229 Texas Military Facilities Commission Friday-Saturday, May 15-16, 1998, 11:00 a.m. and 8:00 a.m. respectively.....5229 Texas Natural Resource Conservation Commission Monday, May 11, 1998, 2:00 p.m......5230 Tuesday, May 12, 1998, 8:00 a.m......5230 Thursday, May 21, 1998, 10:00 a.m......5230 Thursday, May 21, 1998, 10:00 a.m......5230 Thursday, May 28, 1998, 10:00 a.m......5230 Friday, June 5, 1998, 10:00 a.m......5231 Board of Nurse Examiners Thursday, May 21, 1998, 8:30 a.m......5231 Texas Parks and Wildlife Department Thursday, May 21, 1998, 11:00 a.m......5231 Private Sector Prison Industries Oversight Authority Monday, May 18, 1998, 9:00 a.m......5231 Texas Department of Protective and Regulatory Services Tuesday, May 12, 1998, 1:30 p.m......5232 Texas State Board of Examiners of Psychologists Thursday, May 21, 1998, 8:30 a.m......5232 Texas Department of Public Safety Thursday, May 21, 1998, 3:00 p.m......5232 Public Utility Commission of Texas Friday, May 8, 1998, 1:00 p.m......5232 Railroad Commission of Texas Tuesday, May 12, 1998, 8:30 a.m., (rescheduled from 9:30 a.m.).....5232 Tuesday, May 12, 1998, 9:30 a.m......5233 Texas Real Estate Commission Friday, May 15, 1998, 9:30 a.m......5233 State Office of Risk Management Tuesday, May 12, 1998, 10:00 a.m......5233 Rural Community Health System Wednesday, May 13, 1998, 7:00 p.m......5233 Texas Senate Tuesday, May 12, 1998, 1:30 p.m......5234 Texas Skill Standards Board Monday, May 18, 1998, 10:00 a.m......5234 Texas State Board of Social Worker Examiners Friday, May 15, 1998, 9:00 a.m......5234 Telecommunications Infrastructure Fund Board Friday, May 8, 1998, 8:30 a.m......5234 Friday, May 8, 1998, 9:30 a.m......5235 Friday, May 8, 1998, 10:00 a.m......5235 Texas Department of Transportation Tuesday, May 12, 1998, 11:30 a.m......5235 University of Houston System Monday, May 11, 1998, 8:00 a.m......5236 University Interscholastic League Monday, May 4, 1998, 10:00 a.m......5236 The University of Texas System Wednesday-Thursday, May 13-14, 1998, 1:30 p.m. and 8:45 a.m., respectively.....5236 Texas Veterans Commission Wednesday, May 20, 1998, 10:00 a.m......5236 Texas Workers' Compensation Commission Friday, May 8, 1998, 4:30 p.m......5236 Texas Workforce Commission Wednesday, May 13, 1998, 10:00 a.m......5237 Regional Meetings ****IN ADDITION**** Office of the Attorney General Correction of Error.....5241 Texas Cancer Council Request for Application.....5241 Office of Consumer Credit Commissioner Notice of Rate Ceilings.....5242 Texas Department of Criminal Justice Notice to Bidders.....5242 Request for Proposal - Job Order Contracting.....5242 Texas Commission for the Deaf and Hard of Hearing Request for Proposal.....5243 State Board for Educator Certification Request for Application Concerning Centers for the Professional Development of Teachers - Phase 21.....5244 General Services Commission Notice to Bidders of Revised Bid Date and Prebid Conference Date and Time.....5244 Texas Department of Health Correction of Error to the Notice of Request for Proposals for Diabetes Awareness and Education in the Community Project.....5245 Designation of Presbyterian Occupational Health Network as Site Serving Medically Underserved Populations.....5245 Licensing Action for Radioactive Materials.....5245 Notice of Revocation of Certificates of Registration.....5248 Heart of Texas Council of Governments Request for Proposals -- Public Notice.....5249 Texas Department of Housing and Community Affairs Request for Proposal.....5249 Texas Department of Insurance Insurer Services.....5249 Notices of Public Hearing.....5250 Third Party Administrator Applications .....5251 Texas State Library and Archives Commission Quarterly Report of Consultant Contract Reports.....5251 Texas Department of Mental Health and Mental Retardation Notice of Public Hearing on Medicaid Rates.....5252 Texas Natural Resource Conservation Commission Correction of Error, 30 TAC sec.sec.336.512, 336.519, 336.607.....5252 Enforcement Orders.....5252 Notice of an Application for an Amended Plan of Reclamation and Notice of an Application for an Extension of Time.....5254 Notices of Applications for Waste Disposal/Discharge Permits Issued During the Period of April 25, 1998 through May 1, 1998......5255 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions.....5255 Notice of Public Hearing.....5256 Provisionally-Issued Temporary Permits to Appropriate State Water.....5257 Public Utility Commission of Texas Notices of Application for Amendment to Service Provider Certificate of Operating Authority.....5257 Notices of Application for Service Provider certificate of Operating Authority.....5259 Notice of Application for Sale, Transfer, or Merger.....5260 Notice of Application to Amend Certificate of Convenience and Necessity.....5260 Public Notices of Interconnection Agreement.....5260 Telecommunications Infrastructure Fund Board Telecommunications Infrastructure Fund Board Library Internet TIFTech Training Request for Proposals-Extended Proposal Deadline Date.....5264 Texas Health and Human Services Commission Cancellation of Public Hearing.....5264 Notice of Public Hearing -- Guardianship Advisory Board.....5264 Texas Department of Transportation Notice of Invitation - Lufkin District Laboratory.....5264 Texas Water Development Board Applications Received.....5265 Texas Workforce Commission Notice of Contract Extension.....5267 Request for Proposals.....5267