Texas Register
Vol. 23 No. 30
July 24, 1998
Pages 7465-7661

****ATTORNEY GENERAL****
Request for Opinions.....7473
****TEXAS ETHICS COMMISSION****
Advisory Opinion Requests.....7475
****EMERGENCY RULES****
Texas Parks and Wildlife Department
Oysters and Shrimp
31 TAC sec.58.161.....7477
****PROPOSED RULES****
Texas Health and Human Services Commission
Medicaid Reimbursement Rates
1 TAC sec.355.775.....7479
Public Utility Commission of Texas
Substantive Rules
16 TAC sec.23.32.....7480
16 TAC sec.23.33.....7481
Substantive Rules Applicable to Telecommunications Service Providers
16 TAC sec.26.125.....7481
16 TAC sec.26.126.....7484
Texas Motor Vehicle Board
Practice and Procedure
16 TAC sec.101.67.....7485
Texas Board of Chiropractic Examiners
Applications and Applicants
22 TAC sec.sec.71.1-71.3, 71.5-71.7, 71.10, 71.11.....7487
22 TAC sec.71.8, sec.71.9.....7489
Texas Board of Orthotics and Prosthetics
Orthotics and Prosthetics
22 TAC sec.sec.821.1-821.7, 821.9, 821.11, 821.13, 821.15, 821.17, 821.19, 
821.21, 821.23, 821.25, 821.27, 821.29, 821.31, 821.33, 821.35, 821.37, 821.39, 
821.41, 821.43, 821.45, 821.47, 821.49, 821.51, 821.53, 821.55, and 
821.57.....7489
Texas Department of Insurance
State Fire Marshall
28 TAC sec.sec.34.801, 34.807-34.809, 34.811 - 34.815, 34.817 - 34.818, 34.822 - 
34.826, 34.828 and 34.830.....7514
Texas Parks and Wildlife Department
Fisheries
31 TAC sec.57.901.....7521
Texas Public Finance Authority
Distribution of Bond Proceeds
34 TAC sec.221.2, sec.221.6.....7522
Public Records
34 TAC sec.222.1.....7525
Master Equipment Lease Purchase Program
34 TAC sec.sec.223.1-223.7.....7526
Master Equipment Lease Purchase Program, Series B
34 TAC sec.sec.225.1, 225.3, 225.5.....7526
Texas Youth Commission
Admission and Placement
37 TAC sec.85.35.....7529
Youth Rights and Remedies
37 TAC sec.93.15.....7530
Security and Control
37 TAC sec.97.11.....7530
General Provisions
37 TAC sec.99.31.....7532
Texas Juvenile Probation Commission
Juvenile Justice Alternative Education Programs
37 TAC sec.348.101-348.112.....7533
37 TAC sec.sec.348.501-348.504.....7537
Texas Department of Human Services
Nursing Facility Administrators
40 TAC sec.sec.18.2-18.10, 18.15, 18.16.....7537
Texas Workforce Commission
Unemployment Insurance
40 TAC sec.815.8.....7545
****WITHDRAWN RULES****
Texas Natural Resource Conservation Commission
Municipal Solid Waste
30 TAC sec.sec.330.825-330.830.....7547
****ADOPTED RULES****
Office of the Secretary of State
Elections
1 TAC sec.81.60.....7549
1 TAC sec.81.61.....7549
Texas Department of Agriculture
Boll Weevil Eradication Program
4 TAC sec.3.114.....7550
Office of the Texas State Chemist/Texas Feed and Fertilizer Control Service
Commercial Fertilizer Rules
4 TAC sec.65.11.....7550
4 TAC sec.65.13.....7551
4 TAC sec.65.17.....7551
4 TAC sec.65.21.....7554
4 TAC sec.65.24.....7554
4 TAC sec.65.25.....7555
4 TAC sec.65.26.....7555
4 TAC sec.65.28.....7555
4 TAC sec.65.85.....7556
Texas Department of Licensing and Regulation
Regulation of Certain Transportation Services Providers
16 TAC sec.sec.69.1. 69.10, 69.20-69.22, 69.60, 69.70, 69.80, 69.90, 
69.91.....7556
Texas Board of Architectural Examiners
Architects
22 TAC sec.1.161.....7557
Interior Designers
22 TAC sec.5.171.....7557
Texas Board of Chiropractic Examiners
Licenses and Renewals
22 TAC sec.73.2.....7557
22 TAC sec.73.3, sec.73.5.....7558
22 TAC sec.73.4.....7559
Rules of Practice
22 TAC sec.75.1, sec.75.2.....7559
Chiropractic Radiologic Technologists
22 TAC sec.78.1, sec.78.2.....7560
Texas Optometry Board
Examinations
22 TAC sec.271.1.....7561
22 TAC sec.271.2.....7561
22 TAC sec.271.3.....7561
22 TAC sec.271.4.....7562
22 TAC sec.271.6.....7562
General Rules
22 TAC sec.273.1.....7562
22 TAC sec.273.4.....7562
22 TAC sec.273.5.....7563
22 TAC sec.273.6.....7563
22 TAC sec.273.7.....7563
22 TAC sec.273.8.....7563
Practice and Procedure
22 TAC sec.277.2.....7564
Interpretations
22 TAC sec.279.5.....7564
22 TAC sec.279.14.....7564
22 TAC sec.279.15.....7564
Therapeutic Optometry
22 TAC sec.280.1.....7565
22 TAC sec.280.2.....7565
Texas Department of Mental Health and Mental Retardation
Other Agencies and the Public
25 TAC sec.sec.403.291-403.308.....7565
Protection of Clients and Staff
25 TAC sec.sec.404.301-404.309.....7566
Internal Facilities Management
25 TAC sec.407.151-407.161.....7566
Protection of Individuals and Individual Rights
25 TAC sec.sec.414.1-414.17.....7566
25 TAC sec.sec.414.501-414.509.....7577
Texas Department of Insurance
Property and Casualty Insurance
28 TAC sec.5.4007, sec.5.4008.....7581
28 TAC sec.5.5002.....7582
28 TAC sec.sec.5.10001, 5.10003, 5.10004, 5.10007-5.10009, 5.10011.....7587
28 TAC sec.5.10016.....7588
Trade Practices
28 TAC sec.sec.21.2301-21.2306.....7589
Comptroller of Public Accounts
Property Tax Administration
34 TAC sec.9.3004.....7591
Texas Youth Commission
Interaction with the Public
37 TAC sec.81.53.....7591
Treatment
37 TAC sec.87.3.....7592
37 TAC sec.87.91.....7593
Program Services
37 TAC sec.91.21.....7593
37 TAC sec.91.61.....7594
37 TAC sec.91.65.....7594
37 TAC sec.91.89.....7594
Texas Rehabilitation Commission
Personal Attendant Services Program
40 TAC sec.sec.112.1-112.9.....7595
****RULE REVIEW****
Proposed Rule Reviews
Texas Commission on the Arts.....7599
Texas Commission for the Blind.....7599
Texas Motor Vehicle Board.....7599
Public Utility Commission of Texas.....7599
Texas Rehabilitation Commission.....7600
Adopted Rule Review
Texas Board of Chiropractic Examiners.....7600
****TABLES AND GRAPHICS****
Tables and Graphics.....7601
****OPEN MEETINGS****
Texas State Board of Public Accountancy
Tuesday, July 21, 1998, 9:00 a.m......7615
Wednesday, July 22, 1998, 9:00 a.m......7615
State Office of Administrative Hearings
Tuesday, July 21, 1998, 10:00 a.m......7616
Texas Commission on Alcohol and Drug Abuse
Wednesday, July 22, 1998, Noon.....7616
Texas Board of Architectural Examiners
Friday, July 24, 1998, 10:00 a.m......7616
Advisory Board of Athletic Trainers
Wednesday, July 22, 1998, 9:00 a.m......7616
State Bar of Texas
Thursday, July 16, 1998, 1:30 p.m......7616
Friday, July 17, 1998, 8:00 a.m......7616
Texas Cancer Council
Tuesday, July 21, 1998, 10:30 a.m......7617
Tuesday, August 4, 1998, 4:00 p.m......7617
Wednesday, August 5, 1998, 8:00 a.m......7617
Wednesday, August 5, 1998, 9:00 a.m......7617
Texas Citrus Producers Board
Tuesday, July 21, 1998, 1:00 p.m......7618
Office of Court Administration
Thursday, August 6, 1998, 10:00 a.m......7618
Texas Department of Criminal Justice
Thursday, July 16, 1998, 8:00 a.m......7618
Thursday, July 16, 1998, 9:00 a.m......7618
Thursday, July 16, 1998, 10:00 a.m......7619
Thursday, July 16, 1998, 11:00 a.m......7619
Thursday, July 16, 1998, 1:00 p.m......7619
Thursday, July 16, 1998, 2:30 p.m......7619
Thursday, July 16, 1998, 3:30 p.m......7620
Thursday, July 16, 1998, 4:30 p.m......7620
Friday, July 17, 1998, 8:30 a.m......7620
Friday, July 17, 1998, 9:30 a.m......7620
Texas Council on Purchasing from People with Disabilities
Tuesday, August 4, 1998, 10:00 a.m......7621
Interagency Council on Early Childhood Intervention
Monday, July 20, 1998, 9:30 a.m......7621
State Employee Charitable Campaign
Monday, July 20, 1998, 3:30 p.m......7621
General Services Commission
Wednesday, July 29, 1998, 10:00 a.m......7621
Office of the Governor
Wednesday-Thursday, July 22-23, 1998, 12:30 p.m. and 8:30 a.m. 
(respectively.).....7622
Texas Health Care Information Council
Thursday, July 30, 1998, 9:00 a.m......7622
Thursday, July 30, 1998, 9:00 a.m......7622
Texas Department of Health
Thursday, July 16, 1998, 10:00 a.m......7622
Thursday, July 16, 1998, 1:00 p.m......7623
Thursday, July 16, 1998, 2:00 p.m......7623
Thursday, July 16, 1998, 3:30 p.m......7623
Friday, July 17, 1998, 8:30 p.m......7623
Friday, July 17, 1998, 9:30 a.m......7624
Friday, July 17, 1998, 11:00 a.m......7624
Texas Historical Commission
Wednesday, July 22, 1998, 8:00 a.m......7624
Thursday, July 23, 1998, 1:30 p.m......7625
Thursday, July 23, 1998, 1:30 p.m......7625
Thursday, July 23, 1998, 3:00 p.m......7625
Thursday, July 23, 1998, 3:00 p.m......7625
Thursday, July 23, 1998, 3:30 p.m......7625
Friday, July 24, 1998, 8:00 a.m......7626
Friday, July 24, 1998, 9:30 a.m......7626
Saturday, July 25, 1998, 9:00 a.m......7626
Texas HMO Solvency Surveillance Committee
Friday July 24, 1998, 9:00 a.m......7626
Texas State Affordable Housing Corporation
Thursday, July 23, 1998, 2:00 p.m......7626
Texas Department of Housing and Community Affairs
Wednesday, July 22, 1998, 10:00 a.m......7627
Texas Department of Human Services 
Friday, July 17, 1998, 10:00 a.m......7627
Texas Department of Insurance
Thursday, July 16, 1998, 9:30 a.m......7627
Friday, July 31, 1998, 10:30 a.m......7627
Thursday, August 6, 1998, 9:00 a.m......7628
Commission on Jail Standards
Thursday, June 30, 1998, 8:30 a.m......7628
Thursday, June 30, 1998, 9:00 a.m......7628
Board of Law Examiners
Thursday, July 23, 1998, 1:00 p.m......7628
Boards for Lease of State-Owned Lands
Tuesday, July 21, 1998, 2:00 p.m......7628
Midwifery Board
Monday, July 20, 1998, 9:30 a.m......7629
Texas Natural Resource Conservation Commission
Thursday, July 16, 1998, 9:00 a.m......7629
Tuesday, July 21, 1998, 9:00 a.m......7629
Thursday, July 23, 1998, 9:00 a.m......7629
Wednesday, August 26, 1998, 10:00 a.m......7629
Texas Board of Private Investigators and Private Security Agencies
Wednesday, July 22, 1998, 9:00 a.m......7630
Public Utility Commission of Texas
Friday, July 17, 1998, 9:30 a.m......7630
Wednesday, July 22, 1998, 9:30 a.m......7630
Wednesday, July 22, 1998, 9:30 a.m......7631
Monday, August 17, 1998, 9:00 a.m......7631
Railroad Commission of Texas
Tuesday, July 14, 1998, 9:30 a.m......7631
Tuesday, July 21, 1998, 9:00 a.m......7631
Center for Rural Health Initiatives
Friday, July 17, 1998, 9:00 a.m......7631
School Land Board
Friday, July 17, 1998, 8:15 a.m......7632
Tuesday, July 21, 1998, 10:00 a.m......7632
State Securities Board
Wednesday, July 22, 1998, 9:30 a.m......7632
Monday, October 19 , 1998, 9:00 a.m......7632
State Seed and Plant Board
Tuesday, July 21, 1998, 1:00 p.m......7632
Council on Sex Offender Treatment
Wednesday, July 22, 1998, 5:00 p.m......7633
Wednesday, July 22, 1998, 7:00 p.m......7633
Spindletop 2001 Commission
Tuesday, July 21, 1998, 10:00 a.m......7633
Structure Pest Control Board
Tuesday, July 28, 1998, 9:30 a.m......7633
Texas State Technical College System
Friday, July 17, 1998, 1:30 p.m......7634
University of Houston
Monday, July 20, 1998, 1:00 p.m......7634
University Interscholastic League
Monday, July 13, 1998, 11:00 a.m......7634
University of Texas System
Wednesday, July 22, 1998, 3:00 p.m......7634
Texas Board of Veterinary Medical Examiners
Thursday, September 24, 1998, 9:00 a.m......7634
Texas Water Development Board
Thursday, July 16, 1998, 9:00 a.m......7634
Texas Water Resources Finance Authority
Thursday, July 16, 1998, 9:00 a.m......7635
Texas Workforce Commission
Thursday, July 16, 1998, 9:00 a.m......7635
Tuesday, July 21, 1998, 9:00 a.m......7635
Regional Meetings.....7636
****IN ADDITION****
Texas Animal Health Commission
Correction of Error.....7641
Austin Transportation Study
Development of Travel Demand Model Components for Long Range Plan 
Update.....7641
Texas Commission for the Blind
Request for Proposal of Legal Services.....7641
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program.....7642
Commissioners Court of Zapata County
Notice of Intent.....7643
Comptroller of Public Accounts
Notice of Amendment of Statewide Disparity Study of Higher Education 
Contract.....7644
Office of Consumer Credit Commissioner
Notice of Rate Ceilings.....7644
Texas Department of Criminal Justice
Notice of Contract Award.....7644
Texas Education Agency
Request for Proposals Concerning Production of Large Type Textbooks for Texas 
Public Schools.....7644
General Services Commission
Notice to Bidders for Project Number 91-002J-303.....7645
Texas Department of Health
Correction of Error.....7645
Notice of Amendment to Uranium By-Product Material License of Conoco, 
Incorporated.....7645
Notice of Emergency Cease and Desist and Impoundment Order on New Century 
Wireline.....7646
Notice of Intent to Revoke the Certificate of Registration on Health Tech 
International.....7646
Texas Department of Housing and Community Affairs
Notice of Public Hearing.....7646
Request for Proposal.....7647
Texas Department of Human Services
Correction of Error.....7647
Texas Department of Insurance
Building Code Advisory Committee Meeting Notice.....7647
Insurer Services.....7648
Notice of Public Hearing.....7648
Texas State Board of Medical Examiners
Solicitation of Proposal.....7648
Texas Natural Resource Conservation Commission
Correction of Error.....7648
Enforcement Orders, Week Ending July 15, 1988.....7648
Extension of Written Comments Deadline (Chapter 106).....7649
Notice of Application to Appropriate Public Waters of the State of 
Texas.....7650
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement 
Actions.....7650
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions.....7651
Notice of Opportunity to Comment on Proposal for Decision and Order.....7652
Provisionally-Issued Temporary Permits to Appropriate State Water During the 
Period of July 14, 1998.....7652
Public Notice.....7652
North Central Texas Council of Governments
Notice of Consultant Contract Award.....7653
North Texas Local Workforce Development Board
Request for Proposals — Workforce Centers Operator.....7653
Texas Parks and Wildlife Department
Executive Director Order Number 98-001.....7653
Public Utility Commission of Texas
Application to Introduce New or Modified Rates or Terms Pursuant to P.U.C. 
Substantive Rule sec.23.25.....7653
Correction of Error.....7654
Notices of Application for Service Provider Certificate of Operating 
Authority.....7654
Notice of Application for Suspension or Waiver of Requirements Under P.U.C. 
Substantive Rule sec.23.103.....7654
Notice of Application to Amend Certificate of Convenience and Necessity.....7655
Notice of Intent to File Pursuant to P.U.C. Substantive Rule sec.23.27.....7655
Notice of Workshop to Discuss Wholesale Pricing Policies for New/Advanced 
Technologies/Services.....7655
Public Notices of Interconnection Agreement.....7655
Texas Real Estate Commission
Correction of Error.....7658
Sunset Advisory Commission
Correction of Error.....7659
The University of Texas System
Request for Information (RFI).....7659
Texas Water Development Board
Correction of Error.....7659
Notice of Hearing.....7659
Texas Workforce Commission
Correction of Error.....7660
Requests for Proposals.....7660