Texas Register Vol. 23 No. 21 May 22, 1998 Pages 5269-5532 ****ATTORNEY GENERAL**** Request for Opinions.....5279 ****PROPOSED RULES**** Office of the Secretary of State Texas Register 1 TAC sec.91.63.....5281 1 TAC sec.sec.91.131, 91.133, 91.135, 91.137.....5282 Department of Information Resources Planning and Management of Information Resources Technologies 1 TAC sec.201.13.....5283 Texas Agriculture Resources Protection Authority General Rules 4 TAC sec.101.2, sec.101.20.....5291 Texas State Library and Archives Commission General Policies and Procedures 13 TAC sec.2.52.....5291 Public Utility Commission of Texas Substantive Rules 16 TAC 23.104.....5293 Substantive Rules Applicable to Electric Service Providers 16 TAC sec.25.84.....5296 16 TAC sec.25.271.....5297 16 TAC sec.25.272.....5301 16 TAC sec.25.273.....5302 16 TAC sec.25.274.....5303 Substantive Rules Applicable to Telecommunications Service Providers 16 TAC sec.26.213.....5305 Texas Motor Vehicle Commission Warranty Performance Obligations 16 TAC sec.107.8.....5308 Texas Real Estate Commission Provisions of the Real Estate License Act 22 TAC sec.535.400, sec.535.403.....5309 Texas Department of Health Early and Periodic Screening, Diagnosis, and Treatment 25 TAC sec.33.263.....5311 25 TAC sec.sec.33.301-33.309, 33.314-33.318, 33.320, 33.322-33.327.....5311 25 TAC sec.sec.33.301-33.309, 33.312-33.318.....5311 25 TAC sec.sec.33.331-33.338.....5315 25 TAC sec.sec.33.331-33.334, 33.351-33.358.....5315 Texas Department of Insurance Agent's Licensing 28 TAC sec.sec.19.2001-19.2021.....5317 Trade Practices 28 TAC sec.sec.21.2301-21.2306.....5328 Texas Department of Public Safety Traffic Law Enforcement 37 TAC sec.sec.3.22-3.24.....5330 37 TAC sec.3.91.....5331 Texas Commission on Fire Protection Standards for Certification 37 TAC sec.sec.421.1, 421.3, 421.5, 421.7, 421.9.....5331 Fire Suppression 37 TAC sec.sec.423.1, 423.3, 423.5, 423.7, 423.9, 423.11.....5334 37 TAC sec.sec.423.1, 423.3, 423.5, 423.7, 423.9, 423.11, 423.13.....5335 37 TAC sec.sec.423.201, 423.203, 423.205, 423.207, 423.209.....5337 37 TAC sec.sec.423.201, 423.203, 423.205, 423.207, 423.209.....5338 37 TAC sec.sec.423.301, 423.303, 423.305, 423.307, 423.309.....5340 Fire Protection Instructor 37 TAC sec.sec.425.1, 425.3, 425.5, 425.7, 425.9.....5342 Fire Instructors 37 TAC sec.sec.425.1, 425.3, 425.5, 425.7, 425.9.....5343 Fire Protection Personnel Instructors 37 TAC sec.425.201.....5344 Fire Instructors 37 TAC sec.sec.425.201, 425.203, 425.205, 425.207, 425.209.....5345 Fire Protection Instructor 37 TAC sec.sec.425.301, 425.303, 425.305, 425.307, 425.309.....5347 Fire Instructors 37 TAC sec.425.301.....5347 Fire Protection Instructor 37 TAC sec.425.401.....5348 Fire Instructor 37 TAC sec.425.401.....5348 Certified Training Facilities 37 TAC sec.sec.427.1, 427.3, 427.5, 427.7, 427.9, 427.11, 427.13, 427.15, 427.17, 427.19.....5349 Minimum Standards for Fire Inspectors 37 TAC sec.sec.429.1, 429.3, 429.5, 429.7, 429.9.....5353 Minimum Standards for Fire and Arson Investigator 37 TAC sec.sec.431.1, 431.3, 431.5, 431.7, 431.9, 431.11.....5355 Fire Investigation 37 TAC sec.sec.431.1, 431.3, 431.5, 431.7, 431.9, 431.11.....5356 37 TAC sec.431.201 sec.431.203.....5358 Firefighter Safety 37 TAC sec.sec.435.1, 435.3, 435.5, 435.7.....5359 Fees 37 TAC sec.sec.437.1, 437.3, 437.5, 437.7, 437.9, 437.11, 437.13, 437.15, 437.17.....5361 37 TAC sec.sec.437.1, 437.3, 437.5, 437.7, 437.9, 437.11, 437.13, 437.15.....5361 Examinations for Certification 37 TAC sec.sec.439.1, 439.3, 439.5, 439.7, 439.9, 439.11, 439.13, 439.15, 439.17.....5363 37 TAC sec.sec.439.1, 439.3, 439.5, 439.7, 439.9, 439.11, 439.13, and 439.15.....5364 Continuing Education 37 TAC sec.sec.441.1, 441.3, 441.5, 441.7, 441.9, 441.11, 441.13, 441.15.....5368 37 TAC sec.sec.441.1, 441.3, 441.5, 441.7, 441.9, 441.11, 441.13, 441.15, 441.17.....5369 Certification Curriculum Manual 37 TAC sec.sec.443.1, 443.3, 443.5, 443.7, 443.9.....5371 Administrative Inspections and Penalties 37 TAC sec.sec.445.1, 445.3, 445.5, 445.7, 445.9, 445.11, 445.13, 445.15, 445.17, 445.19, 445.21.....5372 37 TAC sec.sec.445.1, 445.3, 445.5, 445.7, 445.9, 445.11, 445.13, 445.15, 445.17, 445.19.....5373 37 TAC sec.sec.445.201, 445.203, 445.205, 445.207.....5375 Part-Time Fire Protection Employee 37 TAC sec.sec.447.1, 447.3, 447.5.....5375 Head of a Fire Department 37 TAC sec.449.1.....5377 Fire Cause and Origin Investigator 37 TAC sec.451.1, sec.451.3.....5378 Standards for Volunteer Certification 37 TAC sec.sec.471.1, 471.3, 471.5, 471.7.....5379 Volunteer Certification Curriculum Manual 37 TAC sec.sec.472.1, 472.3, 472.5, 472.7, 472.9.....5379 Volunteer Fire Fighter 37 TAC sec.sec.473.1, 473.3, 473.5, 473.7, 473.9.....5380 Volunteer Fire Fighter Instructor and Instructor Training 37 TAC sec.sec.475.1, 475.3, 475.5, 475.7, 475.9, 475.11.....5380 Volunteer Fire Investigator 37 TAC sec.sec.476.1, 476.3, 476.5, 476.7, 476.9.....5381 Volunteer Fire Fighter Training Facilities 37 TAC sec.sec.477.1, 477.3, 477.5, 477.7, 477.9, 477.11, 477.13.....5381 Volunteer Fire Inspector 37 TAC sec.sec.478.1, 478.3, 478.5, 478.7, 478.9.....5382 Examinations for Volunteer Fire Fighter Certification 37 TAC sec.sec.479.1, 479.3, 479.5, 479.7, 479.9, 479.11, 479.13.....5382 Volunteer Fire Fighter Certification Fees 37 TAC sec.sec.481.1, 481.3, 481.5, 481.7, 481.9, 481.11.....5383 Volunteer Fire Fighter Safety 37 TAC sec.sec.483.1, 483.3, 483.5.....5383 Volunteer Fire Fighter Continuing Education 37 TAC sec.sec.485.1, 485.3, 485.5, 485.7, 485.9, 485.11.....5384 Eligibility for Volunteer Fire Fighter Certification as Fire Protection Personnel 37 TAC sec.487.1, sec.487.3.....5384 Volunteer Fire Department Inspections 37 TAC sec.sec.489.1, 489.3, 489.5, 489.7, 489.9.....5385 Texas Department of Human Services Income Assistance Services 40 TAC sec.sec.3.704, 3.705.....5385 40 TAC sec.3.902.....5387 Medicaid Eligibility 40 TAC sec.15.503.....5389 Texas Rehabilitation Commission Contract Administration 40 TAC sec.106.3.....5390 Texas Workforce Commission General Administration 40 TAC sec.800.51.....5391 Proprietary Schools 40 TAC sec.sec.807.1-807.6.....5393 40 TAC sec.807.3.....5395 40 TAC sec.sec.807.11-807.17.....5396 40 TAC sec.sec.807.31-807.37.....5397 40 TAC sec.sec.807.51-807.53.....5399 40 TAC sec.sec.807.61-807.65.....5400 40 TAC sec.sec.807.81-807.84.....5401 40 TAC sec.sec.807.91-807.104.....5402 40 TAC sec.807.101.....5405 40 TAC sec.sec.807.111-807.113.....5406 40 TAC sec.sec.807.121-807.131.....5407 40 TAC sec.sec.807.121-807.126.....5407 40 TAC sec.sec.807.141-807.147.....5408 40 TAC sec.sec.807.161-807.164.....5410 40 TAC sec.sec.807.171-807.175.....5411 40 TAC sec.sec.807.191-807.194.....5412 40 TAC sec.sec.807.211-807.214.....5414 40 TAC sec.807.221, sec.807.222.....5414 40 TAC sec.sec.807.231-807.235.....5415 40 TAC sec.807.251, sec.807.252.....5416 Texas Department of Transportation Bridge Division 43 TAC sec.7.41.....5418 43 TAC sec.7.61.....5418 43 TAC sec.7.71.....5418 Traffic Operations 43 TAC sec.sec.25.70-25.72, 25.74-25.76.....5418 ****WITHDRAWN RULES**** Texas Department of Human Services Nursing Facility Requirements for Licensure and Medicaid Certification 40 TAC sec.19.2009.....5423 Nurse Aides 40 TAC sec.94.11.....5423 ****ADOPTED RULES**** Advisory Commission on State Emergency Communications Regional Plans - Standards 1 TAC sec.251.7.....5425 Railroad Commission of Texas Oil and Gas Division 16 TAC sec.3.30.....5427 Texas Alcoholic Beverage Commission Administration 16 TAC sec.31.5.....5434 Texas Real Estate Commission Provisions of the Real Estate License Act 22 TAC sec.535.71.....5435 22 TAC sec.535.81.....5435 22 TAC sec.sec.535.92, 535.93, 535.95.....5435 22 TAC sec.535.101.....5436 22 TAC sec.sec.535.111-535.113.....5436 22 TAC sec.sec.535.121-535.123.....5437 22 TAC sec.535.131, sec.535.133.....5437 22 TAC sec.sec.535.141, 535.143, 535.144, 535.146, 535.150, 535.154- 535.160.....5437 22 TAC sec.535.300.....5438 Texas Natural Resource Conservation Commission Memoranda of Understanding 30 TAC sec.7.117.....5438 Industrial Solid Waste and Municipal Hazardous Waste 30 TAC sec.335.28.....5439 Texas Parks and Wildlife Department Law Enforcement 31 TAC sec.sec.55.801-55.807.....5440 Texas Department of Human Services Medicaid Eligibility 40 TAC sec.15.435.....5440 40 TAC sec.sec.15.460, 15.475.....5441 Nursing Facility Administrators 40 TAC sec.sec.18.1, 18.11-18.14.....5444 40 TAC sec.sec.18.1, 18.11-18.14.....5445 Nursing Facility Requirements for Licensure and Medicaid Certification 40 TAC sec.sec.19.2322, 19.2324.....5450 40 TAC sec.sec.19.2322, 19.2324.....5451 Texas Rehabilitation Commission Informal and Formal Appeals by Applicants/Clients of Decisions by a Rehabilitation Counselor or Agency Official 40 TAC sec.104.5.....5451 Texas Department of Protective and Regulatory Services Child Protective Services 40 TAC sec.700.316.....5452 40 TAC sec.700.2501.....5452 General Licensing Procedures 40 TAC sec.sec.725.1501-725.1508, 725.1515-725.1520.....5453 40 TAC sec.sec.725.1527-725.1533.....5458 ****EXEMPT FILINGS**** Texas Department of Insurance PROPOSED ACTION.....5461 ****RULE REVIEW**** Proposed Rule Reviews Public Utility Commission of Texas.....5463 Texas Real Estate Commission.....5463 Texas Rehabilitation Commission.....5463 Texas Workforce Commission.....5464 Adopted Rule Reviews Office of the Texas State Chemist/Texas Feed and Fertilizer Control Service.....5464 ****TABLES AND GRAPHICS**** Tables and Graphics.....5465 ****OPEN MEETINGS**** Texas State Board of Public Accountancy Thursday, May 14, 1998, 9:00 a.m......5475 State Office of Administrative Hearings Thursday, May 28, 1998, 9:00 a.m......5475 Texas Department on Aging Tuesday, June 2, 1998, 10:00 a.m......5475 Texas Department of Agriculture Wednesday, May 27, 1998, 9:00 a.m......5476 Texas Agricultural Experiment Station Wednesday, May 20, 1998, 9:00 a.m......5476 Texas Commission on Alcohol and Drug Abuse Thursday, May 21, 1998, 11:00 a.m......5476 May 22, 1998, 11:00 a.m......5476 Anatomical Board of the State of Texas Friday, June 5, 1998, 10:00 a.m......5476 The State Bar of Texas Friday, May 15, 1998, 8:30 a.m......5477 Texas Commission for the Blind Friday, May 15, 1998, 9:00 a.m......5477 Texas School for the Blind and Visually Impaired Thursday, May 21, 1998, 8:15 a.m......5477 Thursday, May 21, 1998, 9:00 a.m......5478 Thursday, May 21, 1998, 9:00 a.m......5478 Thursday, May 21, 1998, 10:00 a.m......5478 State Cemetery Committee Tuesday, May 19, 1998, 10:00 a.m......5478 Coastal Coordination Council Wednesday, May 13, 1998, 1:30 p.m......5478 Council on Competitive Government Tuesday, May 19, 1998, 9:30 a.m......5479 Corpus Christi Bay National Estuary Program Thursday, May 21, 1998, 3:00 p.m......5479 Office of Court Administration Thursday, May 14, 1998, 10:00 a.m......5479 Tuesday, June 2, 1998, 10:00 a.m......5479 Texas Court Reporters Certification Board Friday, May 15, 1998, 5:00 p.m......5480 State Board of Dental Examiners Thursday, June 4, 1998, 1:30 p.m......5480 Thursday, June 4, 1998, 2:30 p.m. until conclusion.....5480 Friday, June 5, 1998, 8:00 a.m., (until conclusion).....5480 Texas Department of Economic Development Friday, May 15, 1998, 11:40 a.m......5481 Friday, May 15, 1998, 1:45 p.m......5481 State Employee Charitable Campaign Thursday, May 14, 1998, 10:00 a.m......5481 General Land Office Tuesday, May 19, 1998, 11:30 a.m......5482 Office of the Governor-Criminal Justice Division Friday, May 22, 1998, 9:00 a.m......5482 Texas Department of Health Thursday, May 14, 1998, 10:30 a.m......5482 Thursday, May 14, 1998, 1:00 p.m......5482 Thursday, May 14, 1998, 2:00 p.m......5482 Thursday, May 14, 1998, 3:00 p.m......5483 Thursday, May 14, 1998, 4:00 p.m......5483 Friday, May 15, 1998, 8:30 a.m......5483 Friday, May 15, 1998, 10:00 a.m......5483 Texas Health Reinsurance System Wednesday, May 20, 1998, 10:00 a.m......5484 Texas Healthy Kids Corporation Monday, May 18, 1998, 9:30 a.m......5484 Texas Higher Education Coordinating Board Wednesday, May 14, 1998, 9:00 a.m......5484 Texas Historical Commission Wednesday, May 20, 1998, 1:30 p.m......5485 Texas Department of Housing and Community Affairs Monday, May 18, 1998, 8:30 a.m......5485 Monday, May 18, 1998, 9:00 a.m......5485 Monday, May 18, 1998, 9:45 a.m......5485 Monday, May 18, 1998, 10:00 a.m......5485 Monday, May 18, 1998, 12:00 p.m......5486 State Independent Living Council Thursday, May 21, 1998, 9:00 a.m......5486 Thursday, May 21, 1998, 11:00 a.m......5486 Thursday-Friday, May 21-22, 1998, 1:00 p.m. and 8:00 a.m. (respectively).....5486 Texas Department of Insurance Tuesday, May 19, 1998, 9:30 a.m......5487 Wednesday, May 20, 1998, 10:00 a.m......5487 Tuesday, June 9, 1998, 9:00 a.m......5487 Wednesday, June 10, 1998, 9:00 a.m......5487 Thursday, June 11, 1998, 1:00 p.m......5488 Interagency Council on Early Childhood Intervention Wednesday, May 20, 1998, 9:30 a.m......5488 Board of Law Examiners Thursday, June 11, 1998, 11:00 a.m......5488 Board for Lease of University Lands Tuesday, May 19, 1998, 10:00 a.m......5488 Texas Department of Licensing and Regulation Thursday, May 14, 1998, 9:30 a.m......5488 Monday, May 18, 1998, 9:30 a.m......5489 Texas State Board of Medical Examiners Thursday, May 14, 1998, 9:00 a.m. and Saturday, May 16, 1998, 8:30 a.m. (respectively.).....5489 Thursday, May 14, 1998, 10:30 a.m......5489 Thursday, May 14, 1998, 10:30 a.m......5489 Thursday-Friday, May 14-15, 1998, 11:00 a.m. and 3:30 p.m. (respectively).....5490 Thursday, May 14, 1998, 1:00 p.m......5490 Thursday, May 14, 1998, 1:00 p.m......5490 Friday, May 15, 1998, 8:30 a.m......5490 Friday, May 15, 1998, 9:30 a.m......5491 Friday, May 15, 1998, 10:00 a.m......5491 Friday, May 15, 1998, 10:30 a.m......5491 Friday, May 15, 1998, 11:00 a.m......5491 Friday, May 15, 1998, 1:00 p.m......5492 Friday, May 15, 1998, 2:00 p.m......5492 Friday, May 15, 1998, 3:00 p.m......5492 Texas Natural Resource Conservation Commission Monday, May 18, 1998, 8:30 a.m......5493 Wednesday, May 20, 1998, 8:30, 9:30 a.m. and 1:00 p.m......5493 Wednesday, May 20, 1998, 9:30 a.m......5493 Friday, May 29, 1998, 9:00 a.m......5493 Wednesday, July 15, 1998, 9:30 a.m......5493 Wednesday, July 15, 1998, 9:30 a.m......5493 Board of Nurse Examiners Wednesday, May 20, 1998, 10:00 a.m......5494 Texas Council on Offenders with Mental Impairments Friday, May 29, 1998, 9:00 a.m......5494 Texas On-Site Waste Treatment Research Council Wednesday, May 20, 1998, 1:00 p.m......5494 Wednesday, May 20, 1998, 1:00 p.m......5495 Texas Board of Pardons and Paroles Wednesday, May 20, 1998, 1:00 p.m......5495 Thursday, May 21, 1998, 8:00 a.m......5495 Texas Peanut Producers Board Tuesday, May 19, 1998, 10:00 a.m......5496 Texas Board of Physical Therapy Examiners Monday, May 18, 1998, 9:00 a.m......5496 Texas State Board of Plumbing Examiners Thursday, May 21, 1998, 8:00 a.m......5496 Texas Department of Protective and Regulatory Services Friday, May 29, 1998, 10:00 a.m......5496 Texas Public Finance Authority Wednesday, May 20, 1998, 10:30 a.m......5497 Public Utility Commission of Texas Friday, May 15, 1998, 1:00 p.m......5497 Texas Racing Commission Friday, May 15, 1998, 10:00 a.m......5497 Railroad Commission of Texas Friday, May 22, 1998, 9:00 a.m......5497 Rural Community Health System Tuesday, May 26, 1998, 6:30 p.m......5498 Texas State Soil and Water Conservation Board Wednesday, May 20, 1998, 1:00 p.m......5498 Texas Department of Transportation Thursday, June 4, 1998, 11:40 a.m......5498 University of Houston Monday, May 18, 1998, 1:00 p.m......5498 The University of Texas System Tuesday, May 12, 1998, 1:00 p.m. (Executive Session).....5498 Tuesday, May 12, 1998, 2:00 p.m......5499 Wednesday--Thursday, May 13-14, 1998, 1:30 p.m. and 8:45 a.m. (respectively).....5499 Texas Water Development Board Wednesday, May 20, 1998, 3:30 p.m......5499 Thursday, May 21, 1998, 9:00 a.m......5499 Texas Water Resources Finance Authority Thursday, May 21, 1998, 9:00 a.m......5500 Texas Workforce Commission Tuesday, May 19, 1998, 9:00 a.m......5500 Texas Council on Workforce and Economic Competitiveness Tuesday, May 19, 1998, 9:30 a.m......5500 Tuesday, May 19, 1998, 10:00 a.m......5501 Tuesday, May 19, 1998, 10:30 a.m......5501 Texas Youth Commission Wednesday, May 20, 1998, 4:30 p.m......5501 Wednesday, May 20, 1998, 5:00 p.m......5501 Wednesday, May 20, 1998, 5:30 p.m......5501 Thursday, May 21, 1998, 8:00 a.m......5502 Thursday, May 21, 1998, 9:00 a.m......5502 Regional Meetings.....5502 ****IN ADDITION**** Office of the Attorney General Notice of Request for Proposals.....5509 Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program.....5509 Office of Consumer Credit Commissioner Notice Of Rate Ceilings.....5510 Request for Interpretation of Subtitle 2, Title 79.....5510 Texas Court Reporters Certification Board Certification of Court Reporters.....5511 Texas Department of Criminal Justice Notice of Solicitation - Cancellation.....5511 Interagency Council on Early Childhood Intervention Notice of Public Hearings.....5511 Texas Education Agency Open-Enrollment Charter Guidelines and Application.....5512 Request for Applications Concerning Even Start Family Literacy Program, 1998- 1999.....5513 Request for Applications Concerning 1998-2000 Staff Development and Parent Training for Campus Deregulation and Restructuring to Improve Student Achievement Grant Program.....5513 Fire Fighters' Pension Commission Request for Proposal for Master Trust Custodial Services.....5514 General Land Office Notice of Contract Award.....5515 Texas Health and Human Services Commission Provider Contract Provisions - Senate Bill 30 .....5515 Texas Department of Housing and Community Affairs Housing Trust Fund-Notice of Funding Availability.....5516 Housing Trust Fund/State Energy Conservation Office, Housing Partnership Program, Notice of Funding Availability.....5517 Notice of Public Hearing.....5517 Texas Department of Insurance Insurer Services.....5517 Third Party Administrator Application.....5518 Texas Department of Mental Health and Mental Retardation Awarding of Contract.....5518 Texas Natural Resource Conservation Commission Notice of Application for Amendment to Certificate of Adjudication Pursuant to Texas Water Code sec.11.122 Requiring Notice to Interjacent Appropriators.....5518 Notice of Availability/Invitation to Comment.....5519 Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions.....5521 Extension of Deadline for Written Comments.....5522 Proposal for Decision.....5522 Provisionally-Issued Temporary Permits to Appropriate State Water.....5522 Public Notice.....5523 Texas Parks and Wildlife Department Request for Proposals: National Recreation Trails Fund.....5524 Public Utility Commission of Texas Notice of Application for Amendment to Service Provider Certificate of Operating Authority.....5524 Notice of Application for Approval of Preliminary Integrated Resource Plan.....5525 Notices of Application for Service Provider Certificate of Operating Authority.....5525 Notice of Intent to File Pursuant to P.U.C. Substantive Rule sec.23.27.....5525 Public Notice of NPA Relief Recommendations for the Metropolitan Houston (713/281) NPAs, the Metropolitan Dallas (214/972) NPAs, and the Austin/Corpus Christi Area (512) NPA......5525 Public Notice of Proposal for Implementing Number Conservation Measures in the Fort Worth and San Antonio Exchanges.....5526 Riceland Regional Mental Health Authority Request for Proposal.....5527 Teacher Retirement System of Texas Consultant Contract Award.....5527 Texas Department of Transportation Notice of Invitation-BRINSAP Section.....5527 Notice of Invitation - Design Division.....5528 Notice of Invitation - Pharr District.....5529 Texas Water Development Board Request for Statement of Qualifications from Consultants Water Research Study on Financing Methods for Water and Wastewater Infrastructure.....5531