Texas Register July 10, 1998 Vol. 23 No. 28 Pages 7145-7303 ****GOVERNOR**** Office of the Governor Appointments made June 10, 1998....7153 ****ATTORNEY GENERAL**** Opinions....7155 ****EMERGENCY RULES**** Interagency Council on Early Childhood Intervention Early Childhood Intervention 25 TAC sec.621.62....7157 Texas Youth Commission Youth Rights and Remedies 37 TAC sec.93.1....7157 ****PROPOSED RULES**** Office of the Secretary of State Elections 1 TAC sec.81.62....7159 Texas Department of Agriculture Boll Weevil Eradication Program 4 TAC sec.sec.3.400-3.405....7160 Texas Department of Housing and Community Affairs Introductory Provisions 10 TAC sec.sec.21.1-21.10, 21.20....7161 Board Meetings 10 TAC sec.sec.25.1-25.12....7162 Nonrulemaking Hearings 10 TAC sec.sec.29.1-29.9....7162 Texas Alcoholic Beverage Commission Marketing Practices 16 TAC sec.45.109....7163 16 TAC sec.45.111....7163 16 TAC sec.45.117....7164 Texas Education Agency Adaptations for Special Populations 19 TAC sec.89.1311....7164 Texas Board of Professional Engineers Practice and Procedure 22 TAC sec.131.54....7165 Texas Board of Physical Therapy Examiners Definitions 22 TAC sec.321.1....7166 Contested Case Procedures 22 TAC sec.343.3....7168 Administrative Fines and Penalties 22 TAC 344.1....7168 Texas Real Estate Commission Provisions of the Real Estate License Act 22 TAC sec.535.92....7169 Texas Department of Health Purchased Health Services 25 TAC sec.29.1118....7170 Pharmacy Services 25 TAC sec.35.701....7171 Texas Department of Mental Health and Mental Retardation Medicaid Programs 25 TAC sec.409.69....7171 Employees Retirement System of Texas Deferred Compensation 34 TAC sec.sec.87.1, 87.3, 87.5, 87.11, 87.15, 87.17, 87.21....7172 Texas Youth Commission Security and Control 37 TAC sec.97.9....7176 37 TAC sec.97.9....7177 Texas Department of Human Services Legal Services 40 TAC sec.sec.79.1901, 79.1906, 79.1914, 79.1917, 79.1919....7178 40 TAC sec.sec.79.2003, 79.2009, 79.2011....7179 Texas Department of Protective and Regulatory Services Child Protective Services 40 TAC sec.700.316....7180 40 TAC sec.sec.700.1803-700.1806....7181 General Licensing Procedures 40 TAC sec.725.1001....7185 40 TAC sec.725.1808, sec.725.1809....7186 40 TAC sec.725.1810....7186 40 TAC sec.sec.725.2006, 725.2036, 725.2046....7188 Contracted Services 40 TAC sec.sec.732.240, 732.242-732.252, 732.254-732.256....7189 40 TAC sec.732.241....7196 Texas Department of Transportation Environmental Policy 43 TAC sec.2.24....7196 Employee Practices 43 TAC sec.sec.4.61, 4.63, 4.64....7203 Finance 43 TAC sec.sec.5.21-5.29....7205 State Infrastructure Bank 43 TAC sec.6.32....7208 Transportation Planning and Programming 43 TAC sec.15.60....7210 ****WITHDRAWN RULES**** Texas Department of Protective and Regulatory Services General Licensing Procedures 40 TAC sec.725.2048....7213 ****ADOPTED RULES**** Office of the Attorney General Sexual Assault Prevention and Crisis Services 1 TAC sec.sec.62.25-62.32....7215 Office of the Secretary of State Texas Register 1 TAC sec.91.63....7220 1 TAC sec.sec.91.131, 91.133, 91.135, 91.137....7220 Texas Department of Agriculture Pesticides 4 TAC sec.7.22....7221 Texas Education Agency School Districts 19 TAC sec.sec.61.11-61.14....7221 19 TAC sec.61.1033....7222 Texas Board of Professional Engineers Practice and Procedure 22 TAC sec.131.18....7222 22 TAC sec.131.52....7222 22 TAC sec.131.101....7223 22 TAC sec.131.114, sec.131.116....7223 22 TAC sec.131.155....7223 Texas Department of Health Zoonosis Control 25 TAC sec.sec.169.21-169.24, 169.26-169.31, 169.33-169.34....7224 Texas Department of Human Services Income Assistance Services 40 TAC sec.3.704, sec.3.705....7228 40 TAC sec.3.902....7229 Texas Department of Protective and Regulatory Services Child Protective Services 40 TAC sec.sec.700.401-700.413....7231 Texas Workforce Commission General Administration 40 TAC sec.800.61....7234 40 TAC sec.800.62....7235 Food Stamp Employment and Training 40 TAC sec.813.1, sec.813.2....7237 Apprenticeship Training 40 TAC sec.837.1, sec.837.2....7237 40 TAC sec.837.21, sec.837.22....7239 40 TAC sec.sec.837.41-837.44....7239 40 TAC sec.sec.837.61-837.65....7239 40 TAC sec.sec.837.81-837.85....7240 40 TAC sec.837.100, sec.837.101....7240 40 TAC sec.sec.837.121-837.125....7241 Welfare to Work 40 TAC sec.sec.839.1-839.3....7241 Texas Department of Transportation Management 43 TAC sec.1.1, sec.1.2....7241 ****EXEMPT FILINGS**** Texas Department of Insurance ADOPTED ACTIONS....7243 ****RULE REVIEW**** Proposed Rule Review Texas Real Estate Commission....7245 Adopted Rule Review Texas Rehabilitation Commission....7245 ****TABLES AND GRAPHICS**** Tables and Graphics....7247 ****OPEN MEETINGS**** Texas State Board of Public Accountancy Wednesday, July 8, 1998, 2:00 p.m.....7253 State Office of Administrative Hearings Monday, July 6, 1998, 1:30 p.m.....7253 Thursday, July 9, 1998, 9:00 a.m....7253 Wenesday, August 19, 1998, 9:00 a.m.....7254 Texas Department of Agriculture Tuesday, July 14, 1998, 10:00 a.m.....7254 Tuesday, July 14, 1998, 11:00 a.m.....7254 Texas Commission on Alcohol and Drug Abuse Friday, July 10, 1998, 10:00 a.m.....7254 Texas Council on Alzheimer's Disease and Related Disorders Thursday, July 9, 1998, 9:30 a.m.....7254 Texas Association of Counties, County Government Risk Management Pool Thursday, July 2, 1998, 9:00 a.m.....7254 State Board of Barber Examiners Monday, July 6, 1998, 2:30 p.m.....7255 Texas Board of Chiropratic Examiners Thursday, July 9, 1998, 9:00 a.m.....7255 Thursday, July 9, 1998, 9:00 a.m.....7255 Thursday, July 9, 1998, 10:00 a.m.....7255 Thursday, July 9, 1998, 10:00 a.m.....7255 Thursday, July 9, 1998, 11:00 a.m.....7256 Thursday, July 9, 1998, 1:30 p.m.....7256 Council on Competitive Government Wednesday, July 8, 1998, 9:30 a.m.....7256 Credit Union Department Thursday, July 16, 1998, 2:00 p.m.....7256 Friday, July 17, 1998, 10:00 a.m.....7257 Texas Department of Criminal Justice Tuesday, July 7, 1998, 2:00 p.m.....7257 Thursday, July 9, 1998, 1:30 p.m.....7257 Thursday, July 9, 1998, 2:00 p.m.....7257 Thursday, July 9, 1998, 3:00 p.m.....7258 Friday, July 10, 1998, 9:00 a.m.....7258 Texas Education Agency Thursday, July 9, 1998, 10:00 a.m., or upon adjournment of the joint meeting of the Committees on Instruction and School finance/Permanent School Fund (PSF) which convenes at 10:00 a.m.....7258 Friday, July 10, 1998, 9:00 a.m.....7259 Wednesday, July 22, 1998, 8:30 a.m.....7259 Texas Ethics Commission Friday, July 10, 1998, 9:30 a.m.....7259 State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments Saturday, July 18, 1998, 9:00 a.m.....7259 Saturday, July 18, 1998, 10:00 a.m.....7260 Saturday, July 18, 1998, 11:00 a.m.....7260 General Land Office Tuesday, July 7, 1998, 3:00 p.m.....7260 Texas Geographic Information Council (TGIC) Wednesday, July 22, 1998, 2:00 p.m.....7260 Texas Health Care Information Council Tuesday, July 7, 1998, 1:00 p.m.....7260 Texas Department of Health Saturday, July 11, 1998, 8:15 a.m.....7261 Saturday, July 11, 1998, 9:00 a.m.....7261 Saturday, July 11, 1998, Noon....7261 Saturday, July 11, 1998, 12:30 p.m.....7261 Saturday, July 11, 1998, 1:15 p.m.....7262 Wednesday, July 15, 1998, 3:00 p.m.....7262 Wednesday, July 15, 1998, 6:00 p.m.....7262 Thursday, July 16, 1998, 8:00 a.m.....7262 Health Professions Council Monday, June 29, 1998, 1:00 p.m.....7263 Texas Higher Education Coordinating Board Wednesday, July 8, 1998, 1:00 p.m.....7263 Thursday, July 16, 1998, 8:30 a.m.....7263 Thursday, July 16, 1998, 9:45 a.m.....7263 Thursday, July 16, 1998, 10:15 a.m.....7263 Thursday, July 16, 1998, 11:00 a.m.....7263 Thursday, July 16, 1998, 11:45 a.m.....7263 Thursday, July 16, 1998, 12:00 p.m.....7264 Thursday, July 16, 1998, 1:00 p.m.....7264 Thursday, July 16, 1998, 1:45 p.m.....7264 Thursday, July 16, 1998, 2:15 p.m. ....7264 Thursday, July 16, 1998, 3:00 p.m.....7264 Thursday, July 16, 1998, 3:15 p.m.....7264 Thursday, July 16, 1998, 3:30 p.m.....7264 Thursday, July 16, 1998, 4:15 p.m.....7265 Friday, July 17, 1998, 8:30 a.m.....7265 Texas Department of Housing and Community Affairs Thursday, July 16, 1998, 10:00 a.m.....7265 Texas Commission on Human Rights Thursday July 9, 1998, 9:00 a.m.....7265 Texas Department of Insurance Tuesday, July 14, 1998, 9:00 a.m.....7265 Monday, August 3, 1998, 9:00 a.m.....7266 Wednesday, August 5, 1998, 9:00 a.m.....7266 Thursday, August 6, 1998, 9:00 a.m.....7266 Texas Department of Licensing and Regulation Wednesday, July 8, 1998, 1:30 p.m. (Rescheduled from May 13, 1998)....7266 Tuesday, August 4, 1998, 9:30 a.m.....7266 Texas Life, Accident, Health and Hospital Service Insurance Guaranty Association Monday, July 6, 1998, 9:30 a.m.....7266 Texas State Board of Examiners of Marriage and Family Therapists Sunday, July 19, 1998, 1:00 p.m.....7267 Sunday, July 19, 1998, 2:00 p.m.....7267 Sunday, July 19, 1998, 3:00 p.m.....7267 Monday, July 20, 1998, 8:30 a.m.....7267 Texas Natural Resource Conservation Commission Wednesday, July 1, 1998, 9:30 a.m.....7268 Friday, July 3, 1998, 8:30 a.m.....7268 Thursday, July 16, 1998, 10:00 a.m.....7268 Tuesday, July 28, 1998, 10:00 a.m.....7268 Thursday, July 30, 1998, 7:00 p.m.....7268 Wednesday, August 26, 1998, 9:30 a.m.....7269 Board of Nurse Examiners Thursday-Friday, July 16-17, 1998, 8:30 a.m.....7269 Texas Council on Offenders with Mental Impairments Wednesday, July 15, 1998, 8:30 a.m.....7269 Texas Optometry Board Thursday-Friday, July 8-9, 1998, 10:00 a.m. July 8, and 8:30 a.m. July 9, 1998....7269 Texas State Board of Examiners of Perfusionists Wednesday, July 8, 1998, 10:30 a.m.....7270 Texas State Board of Plumbing Examiners Wednesday, July 8, 1998, 9:00 a.m.....7270 Texas State Board of Examiners of Psychologists Thursday-Friday, July 30-31, 1998, 8:30 a.m.....7270 Texas Department of Public Safety Thursday, July 9, 1998, 3:00 p.m.....7270 Public Utility Commission of Texas Wednesday-Friday, July 8-10, 1998, 9:30 a.m. each day....7270 Thursday-Friday, July 9-10, 1998, 9:30 a.m. each day....7271 Monday, July 13, 1998, 9:00 a.m.....7271 State Office of Risk Management Wednesday, July 8, 1998, 1:00 p.m.....7271 School Land Board Tuesday, July 7, 1998, 10:00 a.m.....7272 Special Board of Review Monday, July 6, 1998, 5:30 p.m.....7272 Stephen F. Austin State University Thursday, July 2, 1998, 10:00 a.m.....7272 Telecommunications Infrastructure Fund Board Thursday, July 9, 1998, 2:00 p.m.....7272 Friday, July 10, 1998, 8:30 a.m.....7272 Friday, July 10, 1998, 9:30 a.m.....7273 Friday, July 10, 1998, 10:00 a.m.....7273 Texas Title Insurance Guaranty Association Tuesday, July 14, 1998, 10:00 a.m.....7273 Trinity Higher Education Facilities Corporation Wednesday, July 8, 1998, 12:30 p.m.....7274 Texas Department of Transportation Thursday, July 9, 1998, 9:30 a.m.....7274 The University of Texas System Monday, July 6, 1998, 1:00 p.m.....7274 Tuesday, July 7, 1998, 9:30 a.m.....7274 Tuesday, July 7, 1998, 1:00 p.m.....7274 Texas Workers' Compensation Commission Thursday, July 2, 1998, 9:30 a.m.....7275 Texas Workforce Commission Thursday, July 2, 1998, 9:00 a.m.....7275 Tuesday, July 7, 1998, 9:00 a.m.....7276 Tuesday, July 7, 1998, 9:00 a.m.....7276 Regional Meetings ****IN ADDITION**** Texas Commission on Alcohol and Drug Abuse Correction of Error....7281 Coastal Coordination Council Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence under the Texas Coastal Management Program....7281 Comptroller of Public Accounts Notice of Withdrawl of Request for Proposals....7282 Office of Consumer Credit Commissioner Notice of Rate Ceilings....7282 Texas Department of Criminal Justice Notices to Bidders....7282 Deep East Texas Council of Governments Request for Qualificaitons....7283 Texas Education Agency Correction of Errors....7284 Employees Retirement System of Texas Consultant Contract Award....7285 Request for Proposals-HealthSelect of Texas....7285 Request for Proposals-HealthSelect Plus....7285 Request for Proposals-Prescription Drug Program for HealthSelect of Texas....7286 General Services Commission Notice of Contract Award....7286 Notices of Request for Offers....7286 Notice of Request for Proposal for Consultant Services Contract....7287 Office of the Governor Request for Applications-Combating Underage Drinking....7287 Texas Department of Health Correction of Errors....7288 Notice of Amendment to License of Waste Control Specialists....7289 Notice of Extended Deadline for Notice of Request for Proposals for Projects to Provide Abstinence Education....7290 Notice of Intent to Revoke Certificates of Registration....7290 Notice of Intent to Revoke the Radioactive Material License of Houston Woodtech....7291 Notice of Revocation of Certificates of Registration....7291 Health and Human Services Commission Public Notices....7291 Houston-Galveston Area Council Request for Proposals....7292 Texas Department of Insurance Insurer Services....7292 Notice of Public Hearings....7292 Third Party Administrator Applications....7292 Texas Natural Resource Conservation Commission Correction of Errors....7293 Extension of Comment Period....7293 Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions....7293 Notices of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions....7294 Proposal to Modify Opacity Recertification Requirements....7296 Provisionally-Issued Temporary Permits to Appropriate State Water Listed below are permits issued during the period of June 30, 1998....7296 North Texas Tollway Authority Request for Qualifications-Architectural and Architectural Engineering Design Services....7298 Public Utility Commission of Texas Notice of Applications for Amendment to Service Provider Certificate of Operating Authority....7298 Notice of Application for Temporary Waiver of Requirements Under P.U.C. Substantive Rules sec.sec.23.11(c), (d), (k) and sec.23.12(b)....7299 Notices of Intent to File Pursuant to P.U.C. Substantive Rule sec.23.27....7299 Notices of Petitions for Rulemaking....7300 Public Notices of Interconnection Agreements....7300 Request for Proposals for Consulting Services to Provide Support in the Implementation of the Windows NT Local Area Network....7302 Texas Water Development Board Applications Received....7302 Texas Workers' Compensation Commission Correction of Errors....7303