Texas Register
Vol. 23. No. 37
September 11, 1998
Pages 9165-9507

****ATTORNEY GENERAL****
Letter Opinions.....9175
Opinion.....9175
Request for Opinions.....9175
****TEXAS ETHICS COMMISSION****
Advisory Opinion Request.....9177
Opinions.....9177
****EMERGENCY RULES****
Texas Department of Public Safety
Drivers License Rules
37 TAC sec.15.42.....9179
****PROPOSED RULES****
State Office of Administrative Hearings
Rules of Procedure for Administrative License Suspension Hearings
1 TAC sec.sec.159.4, 159.5, 159.7, 159.9, 159.11, 159.13, 159.15, 159.17, 
159.19, 159.21, 159.23, 159.25, 159.27, 159.29, 159.33, 159.35, 159.37, 159.39, 
159.41.....9181
Texas Health and Human Services Commission
Medicaid Reimbursement Rates
1 TAC sec.355.108.....9186
1 TAC sec.355.6907.....9187
Medicaid Fair Hearings
1 TAC sec.sec.357.1, 357.3, 357.5, 357.7, 357.9, 357.11, 357.13, 357.15, 357.17, 
357.19, 357.21, 357.23, 357.25, 357.27, 357.29.....9188
State Securities Board
Dealers and Salesmen
7 TAC sec.115.1.....9192
7 TAC sec.115.3.....9193
Railroad Commission of Texas
Gas Utilities Division
16 TAC sec.7.4.....9194
16 TAC sec.7.60.....9198
Coal Mining Regulations
16 TAC sec.12.2, sec.12.3.....9202
16 TAC sec.12.188.....9213
16 TAC sec.12.201.....9214
16 TAC sec.12.207, sec.12.218.....9214
16 TAC sec.sec.12.226, 12.228, 12.233.....9215
16 TAC sec.12.237, sec.12.243.....9216
16 TAC sec.12.309.....9217
16 TAC sec.12.312, sec.12.313.....9217
16 TAC sec.sec.12.338, 12.371, 12.375, 12.387, 12.388, 12.389, 12.399.....9218
16 TAC sec.12.508, sec.12.568.....9221
Public Utility Commission of Texas
Practice and Procedure
16 TAC sec.sec.22.102, 22.103, sec.22.105.....9221
Substantive Rules Applicable to Telecommunications Service Providers
16 TAC sec.26.84.....9222
16 TAC sec.26.88.....9223
16 TAC sec.26.89.....9224
16 TAC sec.26.107.....9225
Texas Alcoholic Beverage Commission
Marketing Practices
16 TAC sec.45.110.....9226
16 TAC sec.45.113.....9227
Texas Department of Licensing and Regulation
Texas Commission of Licensing and Regulation
16 TAC sec.60.1.....9228
16 TAC sec.60.1, sec.60.10.....9228
16 TAC sec.sec.60.21-60.26.....9229
16 TAC sec.sec.60.60-60.65.....9229
16 TAC sec.sec.60.80-60.82.....9231
16 TAC sec.sec.60.80-60.82.....9231
16 TAC sec.sec.60.100-60.109, 60.120-60.124, 60.150-60.159, 60.170-60.177, 
60.190-60.195.....9232
16 TAC sec.sec.60.100-60.108, 60.120-60.124, 60.150-60.160, 60.170-60.174, 
60.190-60.192.....9232
Texas Board of Architectural Examiners
Architects
22 TAC sec.1.10.....9239
Landscape Architects
22 TAC sec.3.10.....9239
22 TAC sec.3.28.....9239
22 TAC sec.3.86.....9240
Interior Designers
22 TAC sec.5.10.....9241
Board of Vocational Nurse Examiners
Education
22 TAC sec.233.1.....9241
22 TAC sec.233.1.....9241
22 TAC sec.sec.233.12, 233.14, 233.16, 233.18, 233.19, 233.21, 233.23, 233.24, 
233.26, 233.28.....9243
22 TAC sec.233.41.....9244
22 TAC sec.sec.233.72-233.74.....9245
22 TAC sec.233.84, sec.233.85.....9245
Texas Board of Professional Land Surveying
General Rules of Procedures and Practices
22 TAC sec.661.42, sec.661.45.....9246
22 TAC sec.sec.661.73, 661.83, 661.86.....9246
22 TAC sec.661.74.....9247
Interagency Council on Early Childhood Intervention
Early Childhood Intervention
25 TAC sec.sec.621.1-621.3, 621.5.....9248
25 TAC sec.621.61, sec.621.63.....9248
Texas Department of Insurance
Property and Casualty Insurance
28 TAC sec.5.1401, sec.5.1402.....9250
28 TAC sec.5.1521.....9250
28 TAC sec.5.3301.....9250
28 TAC sec.5.5003.....9251
28 TAC sec.5.6401.....9251
Texas Natural Resource Conservation Commission
Exemptions from Permitting
30 TAC sec.sec.106.1, 106.2, 106.4-106.6.....9251
30 TAC sec.sec.106.1-106.8.....9256
Control of Air Pollution by Permits for New Construction or Modification
30 TAC sec.116.620.....9258
Operation of the Rio Grande
30 TAC sec.303.32, sec.303.35.....9259
Watermaster Operations
30 TAC sec.304.33, sec.304.34.....9261
Texas Water Development Board
Regional Water Planning Guidelines
31 TAC sec.357.7.....9263
Agricultural Water Conservation Program
31 TAC sec.367.24, sec.367.29.....9264
Texas Department of Public Safety
School Bus Transportation
37 TAC sec.sec.14.61-14.68.....9265
Texas Department of Human Services
Cost Determination Process
40 TAC sec.20.108.....9266
Day Activity and Health Services
40 TAC sec.50.6907.....9267
Texas Department of Transportation
Employment Practices
43 TAC sec.sec.4.30-4.37, 4.39, 4.40.....9268
43 TAC sec.sec.4.51, 4.54-4.56.....9289
Vehicles Titles and Registration 
43 TAC sec.17.10.....9293
Right of Way
43 TAC sec.21.56.....9294
****WITHDRAWN RULES****
Public Utility Commission of Texas
Substantive Rules Applicable to Electric Service Providers
16 TAC sec.25.41.....9297
Texas Board of Professional Land Surveying
General Rules of Procedures and Practices
22 TAC sec.661.121.....9297
22 TAC sec.661.123.....9297
****ADOPTED RULES****
Office of the Attorney General
Child Support Enforcement
1 TAC sec.55.140.....9299
1 TAC sec.55.140.....9299
1 TAC sec.sec.55.301-55.308.....9299
Department of Information Resources
Planning and Management of Information Resources Technologies
1 TAC sec.201.13.....9300
Railroad Commission of Texas
Oil and Gas Division
16 TAC sec.3.14.....9300
Public Utility Commission of Texas
Substantive Rules
16 TAC sec.23.3.....9306
16 TAC sec.23.32.....9307
16 TAC sec.23.33.....9307
16 TAC sec.23.134.....9307
Substantive Rules Applicable to Electric Service Providers
16 TAC sec.25.5.....9310
16 TAC sec.25.87.....9316
16 TAC sec.25.221.....9321
Substantive Rules Applicable to Telecommunications Service Providers
16 TAC sec.26.5.....9322
16 TAC sec.26.125.....9335
16 TAC sec.26.126.....9338
Texas Alcoholic Beverage Commission
Marketing Practices
16 TAC sec.45.109.....9339
16 TAC sec.45.111.....9340
16 TAC sec.45.117.....9340
Texas Education Agency
Adaptations for Special Populations
19 TAC sec.89.1311.....9341
Texas Board of Professional Land Surveying
General Rules of Procedures and Practices
22 TAC sec.sec.661.3, 661.4, 661.9, 661.11.....9342
22 TAC sec.661.63, sec.661.75.....9342
Standards of Responsibility and Rules of Conduct
22 TAC sec.sec.663.5, 663.7, 663.10.....9343
22 TAC sec.sec.663.16, 663.17, 663.19.....9343
Texas State Board of Examiners of Marriage and Family Therapists
Licensure and Regulation of Marriage and Family Therapists
22 TAC sec.801.2.....9343
22 TAC sec.801.19 and sec.801.20.....9345
22 TAC sec.801.143 and sec.801.44.....9346
22 TAC sec.801.203 and sec.801.204.....9346
22 TAC sec.sec.801.263-801.266, 801.268.....9346
Texas Natural Resource Conservation Commission
Regulatory Flexibility
30 TAC sec.90.1, sec.90.2.....9347
30 TAC sec.sec.90.10, 90.12, 90.14, 90.16, 90.18, 90.20.....9353
Control of Certain Activities By Rule
30 TAC sec.sec.321.31-321.46.....9354
Coastal Coordination Council
Coastal Procedures for Federal Consistency with Coastal Management Program Goals 
and Priorities
31 TAC sec.506.12.....9407
Texas Department of Human Services
Income Assistance Services
40 TAC sec.3.2901.....9408
40 TAC sec.3.4011.....9409
Nursing Facility Administrators
40 TAC sec.sec.18.2-18.10, 18.15, 18.16.....9409
40 TAC sec.sec.18.2-18.10, 18.15, 18.16.....9410
Community Care for Aged and Disabled
40 TAC sec.48.2615 and sec.48.2616.....9410
Legal Services
40 TAC sec.sec.79.1901, 79.1906, 79.1914, 79.1917 and 79.1919.....9410
40 TAC sec.sec.79.2003, 79.2009, and 79.2011.....9411
Texas Department of Protective and Regulatory Services
Child Protective Services
40 TAC sec.700.316.....9411
40 TAC sec.sec.700.1803-700.1806.....9411
Protection of Clients and Staff
40 TAC sec.sec.710.41-710.50.....9412
40 TAC sec.sec.710.41-710.55.....9416
General Licensing Procedures
40 TAC sec.725.1001.....9421
40 TAC sec.725.1808, sec.725.1809.....9421
40 TAC sec.sec.725.2006, 725.2036, 725.2046.....9421
Contracted Services
40 TAC sec.sec.732.240, 732.242-732.252, 732.254-732.256.....9421
40 TAC sec.732.241.....9425
Texas Department of Transportation
Vehicle Titles and Registration
43 TAC sec.17.22.....9426
43 TAC sec.17.52.....9427
Traffic Operations
43 TAC sec.25.406, sec.25.409.....9429
43 TAC sec.sec.25.501-25.506.....9432
43 TAC sec.sec.25.801-25.806.....9432
Maintenance
43 TAC sec.sec.29.21-29.26.....9434
****EXEMPT FILINGS****
Texas Department of Insurance
Adopted Action.....9437
****RULE REVIEW****
Proposed Reviews
State Office of Administrative Hearings.....9439
Texas Alcoholic Beverage Commission.....9439
Automobile Theft Prevention Authority.....9440
Texas Board of Chiropractic Examiners.....9440
Interagency Council on Early Childhood Intervention.....9440
Texas Board of Professional Land Surveying.....9440
Texas State Board of Examiners of Psychologists.....9440
Public Utility Commission of Texas.....9440
Texas Department of Transportation.....9441
Adopted Rule Reviews
Texas Board of Professional Land Surveying.....9441
Texas State Board of Examiners of Psychologists.....9441
****TABLES AND GRAPHICS****
Tables and Graphics
Tables and Graphics.....9443
****OPEN MEETINGS****
Texas State Board of Public Accountancy
Wednesday, September 16, 1998, 9:00 a.m......9449
Wednesday, September 16, 1998, 1:00 p.m......9449
Wednesday, September 16, 1998, 1:00 p.m......9450
Wednesday, September 16, 1998, 3:30 p.m......9450
Wednesday, September 16, 1998, 4:00 p.m......9450
State Office of Administrative Hearings
Monday, September 14, 1998, 1:30 p.m......9450
Tuesday, September 15, 1998, 9:00 a.m......9450
Tuesday, September 15, 1998, 9:00 a.m......9450
Wednesday, September 16, 1998, 10:00 a.m......9450
State Bar of Texas
Thursday, September 9, 1998, 1:30 p.m......9451
Texas Boll Weevil Eradication Foundation
Thursday, September 10, 1998, 1:00 p.m......9451
Texas Bond Review Board
Tuesday, September 8, 1998, 10:00 a.m......9451
State Cemetery Committee
Thursday, September 17, 1998, 10:00 a.m......9451
Texas Board of Chiropractic Examiners
Thursday, September 10, 1998, 9:00 a.m......9451
Thursday, September 10, 1998, 9:00 a.m......9452
Thursday, September 10, 1998, 9:00 a.m......9452
Thursday, September 10, 1998, 10:00 a.m......9452
Thursday, September 10, 1998, 10:00 a.m......9452
Thursday, September 10, 1998, 11:00 a.m......9452
Thursday, September 10, 1998, 1:30 p.m......9452
Thursday, September 10, 1998, 1:30 p.m......9453
Comptroller of Public Accounts
Tuesday, September 29, 1998, 10:00 a.m......9453
Wednesday, September 30, 1998, 11:30 a.m......9453
Texas Department of Criminal Justice
Wednesday, September 9, 1998, 10:00 a.m......9453
Wednesday, September 9, 1998, 10:00 a.m......9454
Wednesday, September 9, 1998, 10:00 a.m......9454
Wednesday, September 9, 1998, 1:30 p.m......9454
Wednesday, September 9, 1998, 3:00 p.m......9455
Wednesday, September 9, 1998, 3:00 p.m......9455
Thursday, September 10, 1998, 8:30 a.m......9455
Thursday, September 10, 1998, 9:00 a.m......9455
Thursday, September 10, 1998, 10:00 a.m......9456
Thursday, September 10, 1998, 10:30 a.m......9456
Thursday, September 10, 1998, 11:00 a.m......9456
Thursday, September 10, 1998, 1:30 p.m......9456
Friday, September 11, 1998, 9:00 a.m......9457
Texas Education Agency
Thursday, September 10, 1998, 11:00 a.m......9457
Friday, September 11, 1998, 9:00 a.m......9457
Sunday-Monday, September 13-14, 1998, 1:00 p.m. and 8:30 a.m. 
(respectively.).....9458
Texas Board of Professional Engineers
Thursday, September 10, 1998, 1:00 p.m......9458
Thursday, September 10, 1998, 3:30 p.m......9458
Friday, September 11, 1998, 8:30 a.m......9458
Friday, September 11, 1998, 9:00 a.m......9458
General Services Commission
Friday, September 11, 1998, 9:00 a.m......9459
Office of the Governor
Friday, September 11, 1998, 9:30 a.m......9459
Texas Health Care Information Council
Thursday, September 10, 1998, 9:00 a.m......9459
Texas Department of Health
Thursday, September 10, 1998, 3:30 p.m......9459
Friday, September 11, 1998, 10:00 a.m......9459
Texas Department of Human Services
Friday, September 11, 1998, 10:00 a.m......9460
Texas Department of Insurance
Thursday, September 3, 1998, 10:00 a.m......9460
Monday, September 28, 1998, 9:00 a.m......9460
Tuesday, September 29, 1998, 9:00 a.m......9460
Thursday, October 1, 1998, 9:00 a.m......9460
Friday, October 2, 1998, 9:00 a.m......9460
Texas Judicial Council
Wednesday, September 23, 1998, 10:00 a.m......9461
Tuesday, September 29, 1998, 8:30 a.m......9461
Tuesday, September 29, 1998, 10:00 a.m......9461
Texas Board of Professional Land Surveying
Friday, September 11, 1998, 9:00 a.m......9461
Board of Law Examiners
Thursday, September 10, 1998, 8:30 a.m......9462
Friday, September 11, 1998, 8:30 a.m......9462
Texas State Library and Archives Commission
Monday, September 14, 1998, 1:00 p.m......9462
Monday, September 14, 1998, 1:30 p.m......9462
Texas Department of Licensing and Regulation
Thursday, September 10, 1998, 9:30 a.m......9463
Thursday, September 10, 1998, 9:30 a.m......9463
Friday, September 18, 1998, 1:30 p.m......9463
Friday, September 25, 1998, 1:30 p.m......9464
Texas State Board of Medical Examiners
Thursday, September 3, 1998, 2:00 p.m......9464
Midwifery Board
Monday, September 14, 1998, 9:30 a.m......9464
Texas Natural Resource Conservation Commission
Thursday, September 10, 1998, 8:30 a.m......9464
Thursday, September 10, 1998, 9:30 a.m......9465
Thursday, September 10, 1998, 9:30 a.m......9465
Thursday, September 10, 1998, 1:00 p.m......9465
Wednesday, September 23, 1998, 9:30 a.m......9465
Board of Nurse Examiners
Thursday-Friday, September 117-18, 1998, 8:30 a.m......9465
Thursday-Friday, September 17-18, 1998, 8:30 a.m......9466
Texas Optometry Board
Thursday-Friday, September 10-11, 1998, 2:30 p.m. and 9:00 a.m. 
(respectively.).....9466
Texas Pecan Producers Board
Wednesday, September 9, 1998, 10:00 a.m......9466
Texas State Board of Pharmacy
Wednesday, September 16, 1998, 1:00 p.m......9466
Texas Board of Physical Therapy Examiners
Thursday, September 10, 1998, 8:30 a.m......9466
Texas Polygraph Examiners
Monday-Wednesday, September 14-16, 1998, 8:00 a.m......9467
Produce Recovery Fund Board
Monday-Tuesday, September 21-22, 1998, 2:00 p.m. and 9:00 a.m. 
(respectively.).....9467
Texas State Board of Examiners of Psychologists
Wednesday, September 9, 1998, 9:00 a.m......9467
Thursday-Friday, September 10-11, 1998, 8:30 a.m......9468
Public Utility Commission of Texas
Wednesday, September 9, 1998, 9:30 a.m......9468
Wednesday, September 9, 1998, 9:30 a.m......9468
Recycling Market Development Board
Thursday, September 17, 1998, 10:00 a.m......9468
Texas Rehabilitation Commission
Thursday-Friday, September 24-25, 1998, 9:30 a.m......9468
Secretary of State
Wednesday, September 9, 1998, 10:00 a.m......9469
Telecommunication Infrastructure Fund Board
Thursday, September 10, 1998, 2:30 p.m......9469
Friday, September 11, 1998, 9:00 a.m......9469
Friday, September 11, 1998, 9:00 a.m......9469
Friday, September 11, 1998, 10:00 a.m......9470
Texas Association of Counties
Thursday, September 3, 1998, 1:30 8......9470
Texas Tech University and Texas Tech University Health Sciences Center
9/1/98, 9/3/98, 9/4/98, 9/8/98-9/12/98, 9/14/98-9/18/98, 9/21/98-9/25/98, 
9/28/98-10/2/98, 10/5/98-10/9/98, 10/12/98-10/16/98, 10/19/98-10/21/98, 
10/23/98, 10/26/98-10/30/98, 11/2/98-11/6/98; 11/9/98-11/12/98, 11/16/98-
11/20/98, 11/23/98-11/25/98, 11/30/98, 11:00 a.m......9470
University Interscholastic League
Monday, August 31, 1998, 8:30 a.m......9471
Monday, August 31, 1998, 9:00 a.m......9471
Texas Windstorm Insurance Association
Monday, August 31, 1998, 2:30 p.m......9471
Texas Workforce Commission
Tuesday, September 8, 1998, 9:00 a.m......9471
Regional Meetings.....9472
****IN ADDITION****
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program.....9477
Comptroller of Public Accounts
Notice of Consultant Contract Award.....9478
Office of Consumer Credit Commissioner
Notice of Rate Ceilings.....9479
East Texas Council of Governments
Notice of Invitation for Offers of Consulting Services.....9479
Texas Education Agency
Request for Proposals Concerning Outside Counsel to Provide Advice Related to 
the Texas Education Agency's Administration and Management of the Permanent 
School Fund.....9479
Fire Fighters' Pension Commission
Request for Proposal for Actuarial Services for the Texas Statewide Emergency 
Services Personnel Retirement Fund Administered by the Office of the Fire 
Fighters' Pension Commission......9480
Texas Department of Health
Designation of El Paso County Jail Annex Clinic as a Site Serving Medically 
Underserved Populations.....9481
Designation of El Paso County Main Jail Clinic as a Site Serving Medically 
Underserved Populations.....9481
Notice of Request for Proposals for Medical Transportation Services for 
Medicaid-Eligible Individuals to and from Allowable Medicaid Services.....9481
Texas Department of Housing and Community Affairs
Notice of Administrative Hearing (MHD1998000353UI).....9482
Notice of Public Hearing.....9482
Request for Proposals International Regional Economic Impact Study.....9483
Texas Department of Human Services
Public Notice-Intended Use Report.....9483
Texas Department of Insurance
Notice of Hearing.....9484
Third Party Administrator Applications.....9484
Legislative Budget Board
Schedule for Joint Budget Hearings (for the period of September 10-25, 1998) on 
Appropriations Requests for the 2000-2001 Biennium.....9484
Texas State Board of Medical Examiners
Consultant Contract Award.....9495
Texas Department of Mental Health and Mental Retardation
Medicaid Public Hearing Notice.....9496
Texas Natural Resource Conservation Commission
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement 
Actions.....9496
Notice of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions.....9497
Notice of Public Hearing (Chapter 106, Major Source Thresholds).....9499
Public Notice.....9499
North Texas Local Workforce Development Board
Request for Proposal.....9500
Texas Department of Protective and Regulatory Services
Public Notice-Adult Protective Services Policy and Procedures Regarding Clients 
with Limited Proficiency and Impaired Sensory or Speaking Skills.....9500
Public Utility Commission of Texas
Applications to Introduce New or Modified Rates or Terms Pursuant to P.U.C. 
Substantive Rule sec.23.25.....9501
Notice of Application for Amendment to Service Provider Certificate of Operating 
Authority.....9502
Notices of Application for Service Provider Certificate of Operating 
Authority.....9502
Notices of Application to Amend Certificate of Convenience and 
Necessity.....9503
Notice of Intent to File Pursuant to P.U.C. Substantive Rule sec.23.27.....9503
Public Notice of Amendment to Interconnection Agreement.....9504
Public Notice of Interconnection Agreement.....9504
Southwest Texas State University
Request for Proposals.....9505
Texas Turnpike Authority Division of the Texas Department of Transportation
Notice of Intent.....9505
Texas Commission on Volunteerism and Community Services
Notice of Request for Proposals.....9506
Texas Water Development Board
Applications Received.....9507