Texas Register
March 24, 2017
Volume 42 Number 12
Pages 1289-1688

IN THIS ISSUE


THE GOVERNOR

Appointments
Proclamation 41-3492

ATTORNEY GENERAL

Requests for Opinions
Opinions
Opinions

TEXAS ETHICS COMMISSION

Advisory Opinion Request

PROPOSED RULES

TEXAS HEALTH AND HUMAN SERVICES COMMISSION

REIMBURSEMENT RATES
1 TAC §355.310
1 TAC §355.7001
MEDICAID HOME HEALTH PROGRAM
1 TAC §355.8021
MEDICAID HOME HEALTH AND DURABLE MEDICAL EQUIPMENT, PROSTHETICS, ORTHOTICS AND SUPPLIES (DMEPOS)
1 TAC §355.8021, §355.8023
GENERAL ADMINISTRATION
1 TAC §355.8085, §355.8097
EARLY AND PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT (EPSDT)
1 TAC §355.8441
FAMILY PLANNING
1 TAC §355.8581

CREDIT UNION DEPARTMENT

COMMISSION POLICIES AND ADMINISTRATIVE RULES
7 TAC §97.104
7 TAC §97.105
7 TAC §97.500, §97.501

TEXAS RACING COMMISSION

OTHER LICENSES
16 TAC §311.104

TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS

APPLICATIONS AND EXAMINATIONS
22 TAC §463.5
22 TAC §463.9
22 TAC §463.10

TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY

RULES OF PROFESSIONAL CONDUCT
22 TAC §501.75
ELIGIBILITY
22 TAC §511.80
CERTIFICATION BY RECIPROCITY
22 TAC §512.1
22 TAC §512.2
22 TAC §512.4
22 TAC §512.5
REGISTRATION
22 TAC §513.1
22 TAC §513.2
22 TAC §513.3
22 TAC §513.10
22 TAC §513.13
22 TAC §513.15
CERTIFICATION AS A CPA
22 TAC §514.3
LICENSES
22 TAC §515.3
22 TAC §515.4
22 TAC §515.5

TEXAS REAL ESTATE COMMISSION

GENERAL PROVISIONS
22 TAC §535.64

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

GENERAL AIR QUALITY RULES
EMISSION CREDIT PROGRAM
30 TAC §§101.300, 101.302 - 101.304, 101.306
DISCRETE EMISSION CREDIT PROGRAM
30 TAC §§101.370, 101.372 - 101.374, 101.376

DEPARTMENT OF AGING AND DISABILITY SERVICES

RESPONSIBILITIES OF STATE FACILITIES
40 TAC §3.101
40 TAC §3.301, §3.305
NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
40 TAC §19.101
40 TAC §§19.1300 - 19.1302, 19.1304, 19.1306
40 TAC §19.1303
GENERAL PROVISIONS
40 TAC §19.2701, §19.2703
NURSING FACILITY RESPONSIBILITIES
40 TAC §§19.2704, 19.2706, 19.2709
NURSING FACILITY SPECIALIZED SERVICES FOR DESIGNATED RESIDENTS
40 TAC §§19.2750 - 19.2756

TEXAS DEPARTMENT OF MOTOR VEHICLES

FINANCE
43 TAC §209.2
MOTOR VEHICLE DISTRIBUTION
43 TAC §215.140
43 TAC §215.155
VEHICLE TITLES AND REGISTRATION
43 TAC §217.56

WITHDRAWN RULES

DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

MINIMUM STANDARDS FOR CHILD-CARE CENTERS
CHILD-CARE CENTER
40 TAC §746.1029
MINIMUM SAFETY REQUIREMENTS
40 TAC §746.4607
40 TAC §746.4607

ADOPTED RULES

TEXAS FILM COMMISSION

TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM
13 TAC §§121.1, 121.2, 121.7, 121.8, 121.10 - 121.12
13 TAC §121.15.

PUBLIC UTILITY COMMISSION OF TEXAS

SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
ENERGY EFFICIENCY AND CUSTOMER-OWNED RESOURCES
16 TAC §25.181

TEXAS DEPARTMENT OF LICENSING AND REGULATION

DRIVER EDUCATION AND SAFETY
16 TAC §§84.100 - 84.119
16 TAC §§84.200 - 84.217
16 TAC §§84.300 - 84.310
16 TAC §84.400
16 TAC §84.500
16 TAC §84.600, §84.601
16 TAC §84.700, §84.701
16 TAC §84.1, §84.2
16 TAC §§84.30 - 84.34
16 TAC §§84.40 - 84.47
16 TAC §§84.50 - 84.52
16 TAC §84.60 - 84.64
16 TAC §§84.70 - 84.72
16 TAC §§84.80 - 84.84
16 TAC §84.90
16 TAC §§84.100 - 84.102
16 TAC §84.200
16 TAC §§84.300 - 84.302
16 TAC §84.400, §84.401
16 TAC §§84.500 - 84.506
16 TAC §84.600, §84.601

TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS

APPLICATIONS AND EXAMINATIONS
22 TAC §463.11
COMPLAINTS AND ENFORCEMENT
22 TAC §469.13
RENEWALS
22 TAC §471.1
22 TAC §471.1

TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY

ELIGIBILITY
22 TAC §511.123
22 TAC §511.163
CONTINUING PROFESSIONAL EDUCATION
22 TAC §523.102
22 TAC §523.110
22 TAC §523.111
22 TAC §523.112
22 TAC §523.113
22 TAC §523.114
22 TAC §523.115
22 TAC §523.116
22 TAC §523.118
22 TAC §523.119
22 TAC §523.121
22 TAC §523.130
22 TAC §523.131
22 TAC §523.132
22 TAC §523.140
22 TAC §523.141
22 TAC §523.142
22 TAC §523.143
22 TAC §523.144
22 TAC §523.145

TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS

LICENSING
22 TAC §571.1
RULES OF PROFESSIONAL CONDUCT
22 TAC §573.64

TEXAS STATE BOARD OF SOCIAL WORKER EXAMINERS

SOCIAL WORKER LICENSURE
22 TAC §781.222
22 TAC §781.419

DEPARTMENT OF STATE HEALTH SERVICES

CANCER
25 TAC §§91.2, 91.4, 91.6, 91.7, 91.9, 91.11, 91.12
COMMUNICABLE DISEASES
25 TAC §§97.3, 97.4, 97.13
IMMUNIZATION REGISTRY
25 TAC §100.1, §100.11
INJURY PREVENTION AND CONTROL
25 TAC §§103.1 - 103.8
LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIES
25 TAC §412.403

TEXAS DEPARTMENT OF INSURANCE

PROPERTY AND CASUALTY INSURANCE
PLAN OF OPERATION
28 TAC §§5.4023, 5.4029 - 5.4041
REINSURANCE
28 TAC §5.4016

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

PUBLIC DRINKING WATER
30 TAC §§290.38, 290.42, 290.46, 290.47
30 TAC §§290.102 - 290.104, 290.106 - 290.119, 290.121, 290.122
30 TAC §290.272, §290.275

TEXAS DEPARTMENT OF PUBLIC SAFETY

CONTROLLED SUBSTANCES
37 TAC §13.151

DEPARTMENT OF AGING AND DISABILITY SERVICES

NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
40 TAC §19.101
LICENSING REMEDIES
40 TAC §19.2113
NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
40 TAC §19.910, §19.911
LICENSING REMEDIES
40 TAC §19.2107

DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

MINIMUM STANDARDS FOR CHILD-CARE CENTERS
40 TAC §§746.103, 746.105, 746.107, 746.109
SCOPE
40 TAC §746.111, §746.113
DEFINITIONS
40 TAC §746.121, §746.123
PERMIT HOLDER RESPONSIBILITIES
40 TAC §746.201
REQUIRED NOTIFICATION
40 TAC §746.301, §746.303
REQUIRED POSTINGS
40 TAC §746.405
OPERATIONAL POLICIES
40 TAC §§746.501, 746.503, 746.505
40 TAC §746.507
RECORDS OF CHILDREN
40 TAC §§746.603, 746.613, 746.615, 746.623, 746.631
40 TAC §§746.615, 746.617, 746.619, 746.621
RECORDS OF ACCIDENTS AND INCIDENTS
40 TAC §746.703
40 TAC §746.705
RECORDS THAT MUST BE KEPT ON FILE AT THE CHILD-CARE CENTER
40 TAC §746.801, §746.803
PERSONNEL RECORDS
40 TAC §746.903, §746.905
40 TAC §746.909
CHILD-CARE CENTER DIRECTOR
40 TAC §§746.1015, 746.1017, 746.1021, 746.1031, 746.1037, 746.1039, 746.1057
40 TAC §§746.1019, 746.1031, 746.1033, 746.1035, 746.1041, 746.1043
CHILD-CARE CENTER EMPLOYEES AND CAREGIVERS
40 TAC §§746.1101, 746.1103, 746.1113, 746.1115
40 TAC §§746.1105, 746.1107, 746.1109
GENERAL RESPONSIBILITIES FOR CHILD-CARE CENTER PERSONNEL
40 TAC §746.1203
PROFESSIONAL DEVELOPMENT
40 TAC §746.1301, §746.1325
40 TAC §§746.1301, 746.1315 - 746.1317, 746.1319, 746.1323
VOLUNTEERS, SUBSTITUTES, AND CONTRACTORS
40 TAC §746.1401, §746.1403
SUBSTITUTES, VOLUNTEERS, AND CONTRACTORS
40 TAC §746.1401
40 TAC §746.2205
40 TAC §§746.2401, 746.2403, 746.2405, 746.2407, 746.2409, 746.2411, 746.2413, 746.2415, 746.2417, 746.2419, 746.2421, 746.2425 - 746.2428, 746.2431
40 TAC §746.2411
40 TAC §§746.2501, 746.2505, 746.2507, 746.2509
40 TAC §746.2607
40 TAC §746.2707
40 TAC §§746.2801, 746.2809, 746.2813
40 TAC §746.2803, §746.2805
40 TAC §746.2905, §746.2911
40 TAC §746.3005
40 TAC §§746.3117, 746.3119, 746.3123
40 TAC §746.3201, §746.3203
40 TAC §746.3309, §746.3313
ENVIRONMENTAL HEALTH
40 TAC §§746.3401, 746.3405, 746.3415, 746.3419 - 746.3421
40 TAC §746.3409, §746.3411
DIAPER CHANGING
40 TAC §746.3501, §746.3503
ILLNESS AND INJURY
40 TAC §§746.3601, 746.3606, 746.3607
SAFETY PRECAUTIONS
40 TAC §§746.3701, 746.3703, 746.3707, 746.3709
MEDICATIONS AND MEDICAL ASSISTANCE
40 TAC §746.3801
ANIMALS AT THE CHILD-CARE CENTER
40 TAC §746.3901
INDOOR SPACE REQUIREMENTS
40 TAC §746.4207, §476.4213
FURNITURE AND EQUIPMENT
40 TAC §§746.4501, 746.4503, 746.4507
MINIMUM SAFETY REQUIREMENTS
40 TAC §746.4601, §746.4609
SURFACING
40 TAC §746.4907
INFLATABLES
40 TAC §746.4971
40 TAC §746.5009
40 TAC §746.5015
FIRE INSPECTION
40 TAC §746.5105
FIRE EXTINGUISHING AND SMOKE DETECTION SYSTEMS
40 TAC §746.5305
40 TAC §746.5607, §746.5621

REVIEW OF AGENCY RULES

Adopted Rule Reviews
Credit Union Department
Texas Department of Licensing and Regulation
Texas Board of Nursing

TABLES & GRAPHICS

IN ADDITION

Office of Consumer Credit Commissioner
Notice of Rate Ceilings
Texas Education Agency
Correction of Error
Texas Commission on Environmental Quality
Agreed Orders
Enforcement Orders
Notice of District Petition
Notice of Hearing
Notice of Opportunity to Comment on a Default Order of Administrative Enforcement Actions
Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Shutdown/Default Orders of Administrative Enforcement Actions
Notice of Public Hearings on Proposed Revisions to 30 TAC Chapter 101 and to the State Implementation Plan
Notice of Water Rights Application
Texas Ethics Commission
List of Late Filers
Texas Facilities Commission
Request for Proposals #303-8-20599
Request for Proposals #303-9-20600
Texas Department of Insurance
Company Licensing
Texas Department of Licensing and Regulation
Enforcement Plan - Orthotists and Prosthetists Penalty Matrix
Texas Lottery Commission
Scratch Ticket Game Number 1828 "Texas Loteria"
Scratch Ticket Game Number 1850 "COMBO PLAY"
Scratch Ticket Game Number 1870 "Ultimate Millions"
Texas Department of Motor Vehicles
Notice of Request for Applications
Panhandle Regional Planning Commission
Legal Notice
Legal Notice
Public Utility Commission of Texas
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority
Notice of Application for a New Water Certificate of Convenience and Necessity
Notice of Application for Approval of the Provision of Non-Emergency 311 Service
Notice of Application for Service Area Exception
Notice of Application to Amend a Service Provider Certificate of Operating Authority
Notice of Filing to Withdraw Services
Notice of Filing to Withdraw Services
Rio Grande Council of Governments
Public Notice: Nominations for Voting Membership Region E Far West Texas Water Planning Group