Texas Register
Vol. 23 No. 39
September 25, 1998
Pages 9659-9864

****ATTORNEY GENERAL****
Letter Opinions.....9667
Opinion.....9667
Request for Opinions.....9667
****EMERGENCY RULES****
General Land Office
Coastal Area Planning
31 TAC sec.15.13.....9669
Texas Parks and Wildlife Department
Wildlife
31 TAC sec.65.72.....9670
****PROPOSED RULES****
Texas Department of Agriculture
Texas Agricultural Finance Authority: Young Farmer Loan Guarantee Program
4 TAC sec.sec.30.60-30.63.....9673
Texas Department of Economic Development
Memoranda of Understanding
10 TAC sec.sec.195.1-195.14.....9674
10 TAC sec.sec.195.1-195.10.....9675
Public Utility Commission of Texas
Substantive Rules Applicable to Electric Service Providers
16 TAC sec.25.84.....9680
Texas Optometry Board
Examinations
22 TAC sec.271.1.....9681
Interpretations
22 TAC sec.279.17.....9682
State Board of Examiners for Speech-Language Pathology and Audiology
Speech-Language Pathologists and Audiologists
22 TAC sec.741.2.....9682
22 TAC sec.741.87.....9685
22 TAC sec.741.142.....9685
22 TAC sec.sec.741.162-741.165.....9686
22 TAC sec.741.181.....9688
22 TAC sec.741.201.....9689
Texas Department of Health
Chronically Ill and Disabled Children's Services Program
25 TAC sec.38.18.....9689
Oral Health Improvement Services Program
25 TAC sec.49.16.....9691
Family Planning
25 TAC sec.56.104.....9693
Emergency Medical Care
25 TAC sec.157.40.....9695
Vital Statistics
25 TAC sec.181.31, sec.181.32.....9699
25 TAC sec.sec.181.41-181.49.....9700
Texas Natural Resource Conservation Commission
On-Site Sewage Facilities
30 TAC sec.285.2, sec.285.8.....9703
30 TAC sec.285.32.....9706
General Land Office
Coastal Area Planning
31 TAC sec.15.11.....9706
Texas Department of Public Safety
Vehicle Inspection
37 TAC sec.23.61.....9707
Texas Department of Criminal Justice
Reports and Information Gathering
37 TAC sec.155.23.....9708
Special Programs
37 TAC sec.159.1.....9709
Texas Department of Human Services
Personal Care Facilities
40 TAC sec.sec.92.10, 92.12, 92.18.....9710
40 TAC sec.92.41.....9711
40 TAC sec.92.125.....9713
40 TAC sec.92.125, sec.92.127.....9713
****WITHDRAWN RULES****
Texas Department of Insurance
Trade Practices
28 TAC sec.21.102.....9717
****ADOPTED RULES****
Office of the Governor
Criminal Justice Division
1 TAC sec.3.5.....9719
1 TAC sec.3.125.....9719
1 TAC sec.3.225.....9719
1 TAC sec.3.325.....9720
1 TAC sec.3.425.....9720
1 TAC sec.3.525.....9720
1 TAC sec.3.625, sec.3.660.....9720
1 TAC sec.3.725.....9720
1 TAC sec.3.925, sec.3.955.....9721
1 TAC sec.3.1025.....9721
1 TAC sec.sec.3.4030, 3.4045, 3.4065, 3.4090, 3.4130.....9721
1 TAC sec.3.7005.....9721
Criminal Justice Division
1 TAC sec.3.5.....9722
1 TAC sec.sec.3.110, 3.115, 3.150, 3.160, 3.165, 3.180, 3.185, 3.190.....9722
1 TAC sec.sec.3.210, 3.215, 3.240, 3.250, 3.260, 3.280, 3.285, 3.295.....9722
1 TAC sec.sec.3.310, 3.315, 3.350, 3.380, 3.385, 3.395.....9722
1 TAC sec.sec.3.405, 3.410, 3.420, 3.440, 3.450, 3.480, 3.485, 3.490, 
3.495.....9723
1 TAC sec.sec.3.500, 3.505, 3.510, 3.515, 3.535, 3.540, 3.545, 3.550, 3.555, 
3.560, 3.585, 3.590.....9723
1 TAC sec.sec.3.615, 3.635, 3.640, 3.645, 3.685, 3.696.....9723
1 TAC sec.sec.3.705, 3.710, 3.715, 3.740, 3.760, 3.770, 3.785, 3.790.....9723
1 TAC sec.sec.3.910, 3.915, 3.935, 3.940, 3.945, 3.950, 3.960, 3.970, 3.980, 
3.985, 3.990.....9723
1 TAC sec.sec.3.1015, 3.1030, 3.1050, 3.1060, 3.1080, 3.1085.....9724
1 TAC sec.sec.3.1100, 3.1105, 3.1110, 3.1115, 3.1120, 3.1130, 3.1135, 3.1140, 
3.1165, 3.1180, 3.1185.....9724
1 TAC sec.3.2000.....9724
1 TAC sec.sec.3.2005, 3.2010, 3.2020.....9724
1 TAC sec.sec.3.3045, 3.3050, 3.3055, 3.3060, 3.3065-3.3067, 3.3070, 
3.3075.....9724
1 TAC sec.sec.3.4000, 3.4015, 3.4025, 3.4055, 3.4070, 3.4075, 3.4080, 
3.4095.....9725
1 TAC sec.sec.3.4100, 3.4105, 3.4115, 3.4120, 3.4125, 3.4135, 3.4140, 3.4145, 
3.4150, 3.4155.....9725
1 TAC sec.sec.3.5000, 3.5004, 3.5005.....9725
1 TAC sec.sec.3.6000, 3.6010, 3.6015, 3.6020, 3.6025, 3.6030, 3.6040, 3.6045, 
3.6050, 3.6055, 3.6060, 3.6065, 3.6070, 3.6075, 3.6080, 3.6090, 3.6095.....9725
1 TAC sec.sec.3.6100, 3.6105, 3.6110, 3.6115, 3.6120.....9725
1 TAC sec.sec.3.7000, 3.7010, 3.7015, 3.7020.....9726
1 TAC sec.3.8000.....9726
Office of the Secretary of State
Uniform Commercial Code
1 TAC sec.sec.95.1-95.5.....9726
1 TAC sec.sec.95.31-95.36.....9726
1 TAC sec.95.41.....9727
1 TAC sec.95.51.....9727
1 TAC sec.95.61, sec.95.62.....9727
Uniform Commercial Code
1 TAC sec.sec.95.100-95.117.....9728
1 TAC sec.sec.95.200-95.207.....9732
1 TAC sec.sec.95.300-95.304.....9733
1 TAC sec.sec.95.400-95.414.....9733
1 TAC sec.sec.95.440-95.450.....9736
1 TAC sec.sec.95.500-95.520.....9737
1 TAC sec.sec.95.601-95.605.....9740
1 TAC sec.sec.95.700-95.706.....9741
1 TAC sec.sec.95.800-95.803.....9743
Texas Department of Agriculture
Fuel Quality
4 TAC sec.sec.5.1-5.5.....9743
Texas Education Agency
Interagency Coordination
19 TAC sec.92.1001.....9743
Board of Nurse Examiners
Advanced Practice Nurses
22 TAC sec.221.7.....9744
Texas Optometry Board
Practice and Procedure
22 TAC sec.277.1.....9744
Texas State Board of Pharmacy 
Licensing Requirements for Pharmacists
22 TAC sec.283.6.....9745
22 TAC sec.283.9.....9745
Pharmacists
22 TAC sec.295.15.....9745
Texas Department of Health
Communicable Diseases
25 TAC sec.97.12, sec.97.13.....9749
Texas Department of Mental Health and Mental Retardation
Local Authority Responsibilities
25 TAC sec.sec.412.353, 412.355-412.357, 412.359, 412.370, 412.371.....9749
Texas Department of Insurance
Trade Practices
28 TAC sec.21.114.....9752
28 TAC sec.sec.21.2201-21.2214.....9753
Comptroller of Public Accounts
Tax Administration
34 TAC sec.3.544.....9774
Texas Department of Public Safety
Driver Education
37 TAC sec.18.31.....9775
Texas Deparment of Criminal Justice
State Jail Felony Facilities
37 TAC sec.157.4.....9775
Community Justice Assistance Division Standards
37 TAC sec.163.39, sec.163.40.....9775
Texas Department of Human Services
Income Assistance Services
40 TAC sec.3.704.....9785
40 TAC sec.3.902.....9785
Food Distribution and Processing
40 TAC sec.11.105.....9785
40 TAC sec.11.6009.....9786
Special Nutrition Programs
40 TAC sec.12.24.....9786
40 TAC sec.12.121.....9786
40 TAC sec.12.209.....9786
40 TAC sec.12.309.....9787
40 TAC sec.12.409.....9787
Personal Care Facilities
40 TAC sec.92.51, sec.92.53.....9787
Texas Workforce Commission
Food Stamp Employment and Training
40 TAC sec.813.1 and sec.813.2.....9794
40 TAC sec.813.1, sec.813.2.....9794
40 TAC sec.sec.813.11-813.14.....9794
40 TAC sec.sec.813.21-813.23.....9794
40 TAC sec.sec.813.31-813.33.....9795
40 TAC sec.sec.813.41-813.43.....9795
****EXEMPT FILINGS****
Texas Department of Insurance
Proposed Action.....9797
****RULE REVIEW****
Proposed Rule Reviews
Texas Education Agency.....9799
Texas State Board of Pharmacy.....9801
Texas Real Estate Commission.....9801
Adopted Rule Review
Texas Veterinary Medical Diagnostic Laboratory.....9801
****TABLES AND GRAPHICS****
Tables and Graphics.....9803
****OPEN MEETINGS****
State Office of Administrative Hearings
Wednesday, September 23, 1998, 3:00 p.m......9811
Texas Department of Agriculture 
Monday, September 28, 1998, 9:00 a.m......9811
Tuesday, September 29, 1998, 9:00 a.m......9811
Tuesday, September 29, 1998, 9:00 a.m......9812
Wednesday, September 30, 1998, 9:00 a.m......9812
Texas Commission Alcohol and Drug Abuse
Friday, September 25, 1998, 11:00 a.m......9812
Friday, October 2, 1998, 10:00 a.m......9812
Friday, October 2, 1998, 10:00 a.m......9812
Texas Boll Weevil Eradication Foundation
Friday, September 18, 1998, 10:00 a.m......9812
Thursday, September 24, 1998, 7:00 a.m......9813
Thursday, September 24, 1998, 8:30 a.m......9813
Texas Bond Review Board
Thursday, September 17, 1998, 10:00 a.m......9813
Texas Cosmetology Commission
Monday, September 28, 1998, 10:00 a.m......9813
Credit Union Department
Tuesday, September 29, 1998, 1:00 p.m......9813
Texas Commission for the Deaf and Hard of Hearing
Friday, September 18, 1998, 1:00 p.m......9814
State Board of Dental Examiners
Wednesday, September 23, 1998, 1:00 p.m......9814
Texas Planning Council for Developmental Disabilities
Friday, September 25, 198, 9:30 a.m......9814
Texas Department of Economic Development
Sunday, September 20, 1998, 10:00 a.m......9814
Wednesday, September 23, 1998, 10:00 a.m......9814
State Board for Educator Certification
Tuesday, September 22, 1998, Noon.....9815
State Employee Charitable Campaign
Wednesday, September 16, 1998, 0:00 a.m......9815
Tuesday, September 22, 1998, 9:00 a.m......9815
Tuesday, September 22, 1998, Noon.....9815
Friday, October 2, 1998, 11:30 a.m......9815
Texas Funeral Service Commission
Monday, September 21, 1998, 10:00 a.m......9816
Monday, September 21, 1998, 2:00 p.m......9816
Wednesday, September 23, 1998, 8:30 a.m......9816
Thursday, September 24, 1998, 9:00 a.m......9816
Texas Guaranteed Student Loan Corporation
Thursday, September 24, 1998, 2:00 p.m......9816
Thursday, September 24, 1998, 3:00 p.m......9817
Friday, September 25, 1998, 9:00 a.m......9817
Texas Department of Health
Thursday, September 24, 1998, 10:40 a.m......9817
Friday, October 2, 1998, 9:00 a.m......9818
Texas Health Care Information Council
Friday, September 25, 1998, 9:00 a.m......9818
Texas Healthy Kids Corporation
Tuesday, September 22, 1998, 9:30 a.m......9818
Texas Higher Education Coordinating Board
Tuesday, September 22, 1998, 2:00 p.m......9818
Wednesday, October 7, 1998, 1:30 p.m......9818
State Independent Living Council
Thursday, September 17, 1998, 9:00 a.m......9819
Friday, September 18, 1998, 9:00 a.m......9819
Monday, October 12, 1998, 9:00 a.m......9819
Tuesday, October 13, 1998, 9:00 a.m......9819
Texas Department of Insurance
Tuesday, October 13, 1998, 9:00 a.m......9820
Tuesday, October 13, 1998, 9:00 a.m......9820
Texas Juvenile Probation Commission
Friday, September 25, 1998, 9:30 a.m......9820
Friday, September 25, 1998, 10:00 a.m......9820
Friday, September 25, 1998, 10:45 a.m......9820
Texas Department of Licensing and Regulation
Tuesday, September 22, 1998, 9:30 a.m......9820
Wednesday, September 23, 1998, 9:30 a.m......9821
Texas Life, Accident, Health and Hospital Service Insurance Guaranty Association
Tuesday, September 22, 1998, 10:00 a.m......9821
Texas State Board of Medical Examiners
Wednesday, September 16, 1998, 2:00 p.m......9821
Friday, September 25, 1998, 10:00 a.m......9821
Texas Natural Resource Conservation Commission
Wednesday, September 23, 1998, 8:30 a.m......9821
Wednesday, September 23, 1998, 9:30 a.m......9821
Wednesday, September 23, 1998, 9:30 a.m......9822
Wednesday, September 23, 1998, 1:00 p.m......9822
Wednesday, September 30, 1998, 10:00 a.m......9822
Friday, October 2, 1998, 2:00 p.m......9822
Tuesday, October 6, 1998, 10:00 a.m......9822
Board of Nurse Examiners
Wednesday, September 23, 1998, 9:30 a.m......9822
Texas On-Site Wastewater Treatment Research Council
Thursday, September 24, 1998, 10:00 a.m......9823
Texas Board of Orthotics and Prosthetics
Thursday, September 24, 1998, 8:00 a.m......9823
Executive Council on Physical Therapy and Occupational Therapy Examiners
Monday, September 21, 1998, 10:00 a.m......9823
Public Utility Commission of Texas
Wednesday, September 23, 1998, 9:30 a.m......9824
Friday, September 25, 1998, 9:30 a.m......9824
Monday, October 5, 1998, 8:30 a.m......9824
Texas Racing Commission
Wednesday, September 23, 1998, 10:30 a.m......9824
Railroad Commission of Texas
Tuesday, September 22, 1998, 9:00 a.m......9824
Tuesday, September 22, 1998, 9:30 a.m......9824
School Land Board
Tuesday, September 15, 1998, 10:00 a.m......9825
Council on Sex Offender Treatment
Sunday, October 4, 1998, 8:30 a.m......9825
Sunday, October 4, 1998, 10:00 a.m......9825
Special Board of Review
Monday, September 28, 1998, 5:30 p.m......9825
Stephen F. Austin State University
Friday, September 18, 1998, 11:00 a.m......9825
Friday, September 18, 1998, 12:30 p.m......9826
Board of Tax Professional Examiners
Monday, October 5, 1998, 9:30 a.m......9826
Monday, October 5, 1998, 1:00 p.m......9826
Teacher Retirement System of Texas
Wednesday, September 23, 1998, 8:00 a.m......9826
Wednesday, September 23, 1998, 3:00 p.m......9826
Texas State University System
Wednesday, September 23, 1998, 10:00 a.m......9827
Texas Department of Transportation
Thursday, September 24, 1998, 9:00 a.m......9827
University of Houston System
Monday, September 21, 1998, 8:00 a.m......9827
University of Texas System
Tuesday, September 15, 1998, 9:00 a.m......9827
Tuesday, September 22, 1998, 4:30 p.m......9828
Veterans Land Board
Wednesday, September 23,1998, 3:00 p.m......9828
Texas Board of Veterinary Medical Examiners
Wednesday, September 20, 1998, 1:00 p.m......9828
Friday, October 2, 1998, 8:30 a.m......9828
Texas Water Resources Finance Authority
Thursday, September 17, 1998, 9:00 a.m......9828
Texas Workers' Compensation Commission
Wednesday, September 16, 1998, 10:00 a.m......9829
Tuesday, September 22, 1998, 9:00 a.m......9829
Regional Meetings.....9829
****IN ADDITION****
Texas Department of Agriculture
Fuel Quality Penalty Matrix.....9835
Notice of Intent and Request for Comments.....9836
Request for Proposals.....9837
Office of the Attorney General
Texas Clean Air Act Enforcement Settlement Notice.....9837
Coastal Coordination Council
Notice and Opportunity to Comment on Requests for Consistency 
Agreement/Concurrence under the Texas Coastal Management Program.....9838
Comptroller of Public Accounts
Local Sales Tax Rate Changes Effective October 1, 1998.....9838
Office of Consumer Credit Commissioner
Notice of Rate Ceilings.....9844
Texas Credit Union Department
Application for a Merger or Consolidation.....9845
Applications to Amend Articles of Incorporation.....9845
Applications to Expand Field Membership.....9845
Notice of Final Action Taken.....9846
Texas Education Agency
Correction of Error.....9846
General Services Commission
Notice of Contract Award.....9846
Texas Department of Housing and Community Affairs
Correction of Error.....9846
Texas Department of Human Services
Request for Consulting Services.....9847
Texas Department of Insurance
Insurer Services.....9847
Notice.....9847
Notices of Public Hearing.....9848
Legislative Budget Board
Schedule for Joint Budget Hearings (for the period of September 28-October 6, 
1998) on Appropriations Requests for the 2000-2001 Biennium.....9848
Lower Colorado River Authority
Notice.....9850
Texas Natural Resource Conservation Commission
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement 
Actions.....9851
Notices of Opportunity to Comment on Settlement Agreements of Administrative 
Enforcement Actions.....9851
Notices of Public Hearing.....9853
Texas Parks and Wildlife Department
Gulf States Marine Fisheries Meeting.....9854
Request for Proposals.....9854
Texas State Board of Pharmacy
Election of Officers.....9855
Public Utility Commission
Notice of Application for Sale, Transfer, or Merger.....9855
Notices of Applications for Service Provider Certificate of Operating 
Authority.....9855
Notice of Application to Change Determination of Demand From Non-Coincident Peak 
to Coincident Peak.....9856
Notice of Application to Introduce New or Modified Rates or Terms Pursuant to 
P.U.C. Substantive Rule sec.23.25.....9856
Notice of Complaint.....9857
Notice of Entry into a Major Consulting Contract Pursuant to Texas Government 
Code sec.2254.030.....9857
Notice of Intent to File Pursuant to P.U.C. Substantive Rule sec.23.27.....9857
Notice of Petition for Rulemaking.....9858
Public Notices of Interconnection Agreements.....9858
Texas Racing Commission
Notice of Public Hearing.....9859
Texas Department of Transportation
Public Notices.....9860
Request for Qualification Statements.....9860
Texas Turnpike Authority Division of the Texas Department of Transportation
Notice of Intent.....9862
Texas Water Development Board
Request for Proposals for Water Research.....9863