Texas Register
December 30, 2011
Volume 36 Number 52
Pages 9103-9436
IN THIS ISSUE
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ATTORNEY GENERAL
Requests for Opinions
Opinions
TEXAS ETHICS COMMISION
Ethics Advisory Opinions
PROPOSED RULES
OFFICE OF THE SECRETARY OF STATE
ELECTIONS
1 TAC §81.35
1 TAC §81.60
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES
1 TAC §351.507
FINANCE COMMISSION OF TEXAS
STATE BANK REGULATION
7 TAC §3.93
TEXAS DEPARTMENT OF BANKING
CORPORATE ACTIVITIES
7 TAC §15.2
PREPAID FUNERAL CONTRACTS
7 TAC §25.11
7 TAC §25.11
TEXAS DEPARTMENT OF SAVINGS AND MORTGAGE LENDING
CHARTER APPLICATIONS
7 TAC §§51.1, 51.2, 51.4
ADDITIONAL OFFICES
7 TAC §§53.3, 53.10, 53.18
7 TAC §§53.11 - 53.16
CHANGE OF OFFICE LOCATION OR NAME
7 TAC §57.4
HEARINGS
7 TAC §61.1
FEES AND CHARGES
7 TAC §63.8
BOOKS, RECORDS, ACCOUNTING PRACTICES, FINANCIAL STATEMENTS, RESERVES, NET WORTH, EXAMINATIONS, CONSUMER COMPLAINTS
7 TAC §64.10
LOANS AND INVESTMENTS
7 TAC §65.21
SAVINGS AND DEPOSIT ACCOUNTS
7 TAC §§67.6, 67.8 - 67.11, 67.14, 67.17
7 TAC §67.16
REORGANIZATION, MERGER, CONSOLIDATION, ACQUISITION, AND CONVERSION
7 TAC §69.5, §69.9
CHANGE OF CONTROL
7 TAC §§71.1 - 71.3, 71.6
SUBSIDIARY CORPORATIONS
7 TAC §73.2
APPLICATIONS
7 TAC §75.9
7 TAC §75.26
LOANS, INVESTMENTS, SAVINGS, AND DEPOSITS
7 TAC §77.113
7 TAC §77.115
OFFICE OF CONSUMER CREDIT COMMISSIONER
TAX REFUND ANTICIPATION LOANS
7 TAC §87.102
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
ADMINISTRATION
10 TAC §1.9
10 TAC §1.23
10 TAC §1.25
RAILROAD COMMISSION OF TEXAS
OIL AND GAS DIVISION
16 TAC §3.30
PUBLIC UTILITY COMMISSION OF TEXAS
SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
16 TAC §25.507
16 TAC §25.507
TEXAS BOARD OF ARCHITECTURAL EXAMINERS
ARCHITECTS
22 TAC §1.69
22 TAC §1.124
22 TAC §1.232
LANDSCAPE ARCHITECTS
22 TAC §3.69
22 TAC §3.124
22 TAC §3.232
REGISTERED INTERIOR DESIGNERS
22 TAC §5.79
22 TAC §5.134
22 TAC §5.201
22 TAC §5.242
ADMINISTRATION
22 TAC §7.10
TEXAS REAL ESTATE COMMISSION
GENERAL PROVISIONS
22 TAC §535.16
22 TAC §535.56
22 TAC §§535.71, 535.72, 535.75
22 TAC §535.82
22 TAC §535.221
22 TAC §535.240
22 TAC §§535.400, 535.403 - 535.405
PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS
22 TAC §537.43
TEXAS DEPARTMENT OF INSURANCE
CORPORATE AND FINANCIAL REGULATION
28 TAC §7.402
TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION
GENERAL MEDICAL PROVISIONS
28 TAC §133.2
28 TAC §§133.240, 133.250, 133.270
28 TAC §133.305
BENEFITS--GUIDELINES FOR MEDICAL SERVICES, CHARGES, AND PAYMENTS
28 TAC §134.600
TEXAS WATER DEVELOPMENT BOARD
GROUNDWATER MANAGEMENT
31 TAC §356.23
COMPTROLLER OF PUBLIC ACCOUNTS
TAX ADMINISTRATION
34 TAC §3.732
TEXAS DEPARTMENT OF PUBLIC SAFETY
PRIVATE SECURITY
37 TAC §35.47
37 TAC §35.63, §35.70
37 TAC §35.93
37 TAC §35.221
37 TAC §35.256
DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
ADMINISTRATIVE RULES AND PROCEDURES
40 TAC §§101.101, 101.103, 101.105, 101.107, 101.109, 101.111, 101.113, 101.115, 101.117, 101.119, 101.121, 101.123, 101.131
40 TAC §§101.201, 101.203, 101.209, 101.211, 101.213
40 TAC §§101.551, 101.553, 101.555, 101.557
40 TAC §§101.601, 101.603, 101.605
40 TAC §§101.1001, 101.1003, 101.1005, 101.1007, 101.1009, 101.1011
RELATIONSHIP WITH PRIVATE DONORS
40 TAC §§101.5751, 101.5753, 101.5755, 101.5757, 101.5759
GENERAL RULES
40 TAC §§101.7001, 101.7003, 101.7005, 101.7007, 101.7009, 101.7011, 101.7013, 101.7015, 101.7017, 101.7019, 101.7021, 101.7023, 101.7025, 101.7027, 101.7029, 101.7031, 101.7033, 101.7035, 101.7037, 101.7039, 101.7041, 101.7043, 101.7045, 101.7047, 101.7049
DIVISION FOR BLIND SERVICES AND DIVISION FOR REHABILITATION SERVICES
40 TAC §§101.7051, 101.7053, 101.7055, 101.7057, 101.7059, 101.7061, 101.7063, 101.7065, 101.7067, 101.7069, 101.7071, 101.7073
DIVISION FOR EARLY CHILDHOOD INTERVENTION SERVICES
40 TAC §§101.8011, 101.8013, 101.8015
OFFICE FOR DEAF AND HARD OF HEARING SERVICES
40 TAC §§101.8051, 101.8053, 101.8055, 101.8057, 101.8059, 101.8061, 101.8063, 101.8065, 101.8067, 101.8069, 101.8071, 101.8073, 101.8075, 101.8077, 101.8079
40 TAC §§101.101, 101.103, 101.105, 101.107, 101.109, 101.111, 101.113, 101.115, 101.117, 101.119, 101.121
40 TAC §§101.201, 101.203, 101.205, 101.207
REHABILITATION COUNCIL OF TEXAS
40 TAC §§101.301, 101.303, 101.305, 101.307, 101.309, 101.311, 101.313
STATE INDEPENDENT LIVING COUNCIL
40 TAC §§101.401, 101.403, 101.405, 101.407, 101.409, 101.411
EARLY CHILDHOOD INTERVENTION ADVISORY COMMITTEE
40 TAC §§101.501, 101.503, 101.505, 101.507, 101.509, 101.511, 101.513, 101.515, 101.517
BOARD FOR EVALUATION OF INTERPRETERS ADVISORY BOARD
40 TAC §§101.601, 101.603, 101.605, 101.607
BET ELECTED COMMITTEE OF MANAGERS (ECM)
40 TAC §§101.701, 101.703, 101.705, 101.707
40 TAC §§101.805, 101.807, 101.809, 101.811, 101.813
GENERAL RULES
40 TAC §§101.901, 101.903, 101.905, 101.907, 101.909, 101.911, 101.913, 101.915, 101.917, 101.919, 101.921, 101.923, 101.925, 101.927, 101.929, 101.931, 101.933, 101.935, 101.937, 101.939, 101.941, 101.943, 101.945, 101.947, 101.949
DIVISION FOR BLIND SERVICES AND DIVISION FOR REHABILITATION SERVICES
40 TAC §§101.1001, 101.1003, 101.1005, 101.1007, 101.1009, 101.1011, 101.1013, 101.1015, 101.1017, 101.1019, 101.1021, 101.1023
DIVISION FOR EARLY CHILDHOOD INTERVENTION SERVICES
40 TAC §§101.1101, 101.1107, 101.1109, 101.1111
OFFICE FOR DEAF AND HARD OF HEARING SERVICES
40 TAC §§101.1201, 101.1203, 101.1205, 101.1207, 101.1209, 101.1211, 101.1213, 101.1215, 101.1217, 101.1219, 101.1221, 101.1223, 101.1225, 101.1227, 101.1229, 101.1231
PURCHASE OF GOODS AND SERVICES BY THE DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
40 TAC §§102.201, 102.203, 102.205, 102.207, 102.209, 102.211, 102.213, 102.215, 102.217, 102.219, 102.221
40 TAC §102.307
GENERAL CONTRACTING RULES
40 TAC §§103.101, 103.103, 103.105
40 TAC §§103.207, 103.209, 103.211, 103.213, 103.215
40 TAC §103.307
40 TAC §§103.407, 103.409, 103.411, 103.413
40 TAC §§103.507, 103.509, 103.511, 103.513, 103.515, 103.517, 103.519, 103.521
40 TAC §§103.603, 103.605, 103.607, 103.609, 103.611, 103.613, 103.615, 103.617, 103.619, 103.621, 103.623, 103.625, 103.627, 103.629
40 TAC §103.707
PURCHASE OF GOODS AND SERVICES BY THE DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
40 TAC §§104.251, 104.253, 104.255, 104.257, 104.259, 104.261, 104.263
40 TAC §104.301
GENERAL CONTRACTING RULES
40 TAC §105.1001, §105.1003
40 TAC §§105.1011, 105.1013, 105.1015, 105.1017, 105.1019
40 TAC §105.1101
40 TAC §§105.1201, 105.1203, 105.1205, 105.1207
40 TAC §§105.1301, 105.1305, 105.1307, 105.1309, 105.1311, 105.1313, 105.1315, 105.1317
40 TAC §§105.1401, 105.1403, 105.1405, 105.1407, 105.1409, 105.1411, 105.1413, 105.1415, 105.1417, 105.1419, 105.1421, 105.1423, 105.1425
40 TAC §105.1501
DIVISION FOR BLIND SERVICES
GENERAL RULES
40 TAC §106.305
TEXAS DEPARTMENT OF TRANSPORTATION
FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS
43 TAC §§15.51, 15.52, 15.55
43 TAC §§15.86, 15.90, 15.95
RIGHT OF WAY
SIGNS
43 TAC §§21.144, 21.146, 21.149, 21.152, 21.155, 21.158 - 21.160, 21.169, 21.172 - 21.174, 21.179, 21.180, 21.183, 21.187, 21.193, 21.198, 21.204
43 TAC §§21.405, 21.409, 21.411, 21.416, 21.419 - 21.423, 21.429, 21.447 - 21.457
43 TAC §21.419
PUBLIC TRANSPORTATION
43 TAC §31.11
WITHDRAWN RULES
TEXAS WATER DEVELOPMENT BOARD
DRINKING WATER STATE REVOLVING FUND
31 TAC §371.21
31 TAC §§371.40 - 371.42, 371.51
ADOPTED RULES
TEXAS ETHICS COMMISSION
GENERAL RULES CONCERNING REPORTS
1 TAC §18.9
REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES
1 TAC §20.63
FINANCIAL DISCLOSURE FOR PUBLIC OFFICERS
1 TAC §40.3
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
MEDICAID HEALTH SERVICES
MEDICAID HOME HEALTH SERVICES
1 TAC §354.1041
GENERAL ADMINISTRATION
1 TAC §354.1143, §354.1149
TEXAS DEPARTMENT OF BANKING
PREPAID FUNERAL CONTRACTS
7 TAC §25.3, §25.9
MONEY SERVICES BUSINESSES
7 TAC §33.53
TEXAS DEPARTMENT OF SAVINGS AND MORTGAGE LENDING
MISCELLANEOUS
7 TAC §§76.1 - 76.7, 76.12
7 TAC §§76.21 - 76.26
7 TAC §§76.41 - 76.47
7 TAC §76.61
7 TAC §§76.71 - 76.73
7 TAC §§76.91 - 76.103, 76.105 - 76.110
7 TAC §76.121
7 TAC §76.122
MISCELLANEOUS
7 TAC §§79.1 - 79.7, 79.12
7 TAC §§79.21 - 79.26
7 TAC §§79.41 - 79.47
7 TAC §79.61
7 TAC §§79.71 - 79.73
7 TAC §§79.91 - 79.103, 79.105 - 79.110
7 TAC §79.121
7 TAC §79.122
RESIDENTIAL MORTGAGE LOAN SERVICERS
7 TAC §§79.1 - 79.5
7 TAC §79.20
7 TAC §79.30
7 TAC §79.40
7 TAC §79.50
OFFICE OF CONSUMER CREDIT COMMISSIONER
REGULATED LENDERS AND CREDIT ACCESS BUSINESSES
APPLICATION PROCEDURES
7 TAC §83.3012
CONSUMER DISCLOSURES AND NOTICES
7 TAC §§83.6001 - 83.6008
CONSUMER DEBT MANAGEMENT SERVICES
7 TAC §88.304
JOINT FINANCIAL REGULATORY AGENCIES
PAYOFF STATEMENTS
7 TAC §§155.1 - 155.3
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
COMMUNITY AFFAIRS PROGRAMS
10 TAC §§5.402, 5.405 - 5.408, 5.422 - 5.424, 5.431
10 TAC §5.426
RAILROAD COMMISSION OF TEXAS
OIL AND GAS DIVISION
16 TAC §3.29
ENVIRONMENTAL PROTECTION
16 TAC §4.635
TEXAS LOTTERY COMMISSION
CHARITABLE BINGO ADMINISTRATIVE RULES
16 TAC §§402.703, 402.704, 402.715
GENERAL ADMINISTRATION
16 TAC §403.401
TEXAS EDUCATION AGENCY
SCHOOL DISTRICTS
19 TAC §61.1034
COMMISSIONER'S RULES CONCERNING THE EQUALIZED WEALTH LEVEL
19 TAC §62.1071
TEXAS REAL ESTATE COMMISSION
GENERAL PROVISIONS
22 TAC §535.4
22 TAC §535.211
PROFESSIONAL AGREEMENTS AND STANDARD CONTRACTS
22 TAC §§537.20 - 537.23, 537.26 - 537.28, 537.30 - 537.33, 537.35, 537.37, 537.39 - 537.41, 537.44 - 537.48, 537.51, 537.52
DEPARTMENT OF STATE HEALTH SERVICES
RADIATION CONTROL
25 TAC §289.102
TEXAS DEPARTMENT OF INSURANCE
PROPERTY AND CASUALTY INSURANCE
ELIGIBILITY AND FORMS
28 TAC §5.4903, §5.4905
TEXAS PARKS AND WILDLIFE DEPARTMENT
FINANCE
TRAINING AND CERTIFICATION FEES
31 TAC §53.50
TEXAS WATER DEVELOPMENT BOARD
DRINKING WATER STATE REVOLVING FUND
31 TAC §371.14
31 TAC §371.21
31 TAC §§371.40 - 371.42, 371.50, 371.51
CLEAN WATER STATE REVOLVING FUND
31 TAC §375.2
31 TAC §375.15
STATE PROJECTS
31 TAC §375.52
FEDERAL PROJECTS
31 TAC §375.62, §375.70
31 TAC §375.204
TEACHER RETIREMENT SYSTEM OF TEXAS
ADMINISTRATIVE PROCEDURES
34 TAC §23.5
MEMBERSHIP CREDIT
34 TAC §25.26
34 TAC §25.133
34 TAC §25.182
34 TAC §25.302
DEPARTMENT OF AGING AND DISABILITY SERVICES
STATE MENTAL RETARDATION AUTHORITY RESPONSIBILITIES
40 TAC §§1.401 - 1.405, 1.407, 1.409, 1.411
MENTAL RETARDATION AUTHORITY RESPONSIBILITIES
40 TAC §2.315
LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
40 TAC §92.2
TEXAS DEPARTMENT OF TRANSPORTATION
CONTRACT AND GRANT MANAGEMENT
43 TAC §9.33
43 TAC §9.83
43 TAC §9.133
RIGHT OF WAY
43 TAC §21.406
TRAFFIC OPERATIONS
43 TAC §25.101, §25.103
REGIONAL MOBILITY AUTHORITIES
43 TAC §§26.61 - 26.63, 26.65
TOLL PROJECTS
43 TAC §27.40, §27.42
43 TAC §27.73
OVERSIZE AND OVERWEIGHT VEHICLES AND LOADS
43 TAC §§28.90 - 28.92
REVIEW OF AGENCY RULES
Proposed Rule Reviews
Texas Board of Occupational Therapy Examiners
Public Utility Commission of Texas
Texas State Soil and Water Conservation Board
Adopted Rule Reviews
Texas Department of Savings and Mortgage Lending
Texas State Soil and Water Conservation Board
IN ADDITION
Texas State Affordable Housing Corporation
Draft 2012 Annual Action Plan Available for Public Comment
Texas Department of Agriculture
Notice Regarding Percentage Volume of Texas Grapes
Office of the Attorney General
Child Support Guidelines - 2012 Tax Charts
Texas Water Code Settlement Notice
Comptroller of Public Accounts
Certification of the Average Taxable Price of Gas and Oil - November 2011
Notice of No Contract Award
Office of Consumer Credit Commissioner
Notice of Rate Ceilings
Summary of Interpretation Number 2011-01
Credit Union Department
Application to Amend Articles of Incorporation
Application to Expand Field of Membership
Notice of Final Action Taken
Texas Education Agency
Correction of Error
Notice of Correction: Request for Applications Concerning Open-Enrollment Charter Guidelines and Application
Federal Emergency Management Agency
Public Notice - FEMA-1999-DR-TX
Public Notice - FEMA-4029-DR-TX
Employees Retirement System of Texas
Request for Qualification for the 401(k) and 457 Plans of the Texa$aver Program Real Assets Fund
Request for Qualification for the 401(k) and 457 Plans of the Texa$aver Program Short-Term Government/Treasury Bond Fund
Texas Commission on Environmental Quality
Agreed Orders
Correction of Error
Enforcement Orders
Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Shutdown/Default Orders of Administrative Enforcement Actions
Notice of Water Quality Applications
Texas Facilities Commission
Request for Proposals #303-3-20320
Department of State Health Services
Licensing Actions for Radioactive Materials
Texas Department of Housing and Community Affairs
Announcement of the Public Hearing for Public Comment on Proposed New §1.25 Concerning Right of First Refusal at Fair Market Value
Texas Department of Insurance
Notice of Hearing
Proposed FY 2012 Research Agenda - Workers' Compensation Research and Evaluation Group
Texas Lottery Commission
Instant Game Number 1433 "$200 Million Cash Spectacular"
Instant Game Number 1434 "Break the Bank"
Texas Department of Motor Vehicles
Notice of Opportunity to Participate in Discussion
North Central Texas Council of Governments
Notice of Consultant Contract Award
Public Utility Commission of Texas
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
Notice of Application for Waiver from Requirements in P.U.C. Substantive Rule §26.125(c)(1) for Renewal of Automatic Dial Announcing Devices (ADAD) Application Form
Notice of Application for Waiver of Denial of Numbering Resources
State Securities Board
Correction of Error
Texas Department of Transportation
Aviation Division - Request for Proposal for Professional Engineering Services
Stephen F. Austin State University
Notice of Consultant Contract Availability
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