Texas Register
December 23, 2016
Volume 41 Number 52
Pages 10019-10486

IN THIS ISSUE


THE GOVERNOR

Appointments
Appointments

ATTORNEY GENERAL

Opinions

PROPOSED RULES

TEXAS HEALTH AND HUMAN SERVICES COMMISSION

MEDICAID HEALTH SERVICES
PHYSICIAN AND PHYSICIAN ASSISTANT SERVICES
1 TAC §354.1069
LICENSED PROFESSIONAL COUNSELORS, LICENSED CLINICAL SOCIAL WORKERS, AND LICENSED MARRIAGE AND FAMILY THERAPISTS
1 TAC §354.1382
IN-HOME RESPIRATORY THERAPY SERVICES FOR VENTILATOR-DEPENDENT PERSONS
1 TAC §354.1401
ADVANCED TELECOMMUNICATIONS SERVICES
1 TAC §354.1432
HEALTH INSURANCE PREMIUM PAYMENT GUIDELINES
1 TAC §354.2361
REIMBURSEMENT RATES
1 TAC §355.7001
GENERAL ADMINISTRATION
1 TAC §355.8085, §355.8091
CHILDREN'S ADVOCACY PROGRAMS
1 TAC §377.1
1 TAC §§377.101, 377.103, 377.105, 377.107, 377.109, 377.111, 377.113, 377.115, 377.117
1 TAC §§377.201, 377.203, 377.205, 377.207, 377.209, 377.211

RAILROAD COMMISSION OF TEXAS

INFORMAL COMPLAINT PROCEDURE
16 TAC §2.1
GAS SERVICES DIVISION
16 TAC §7.315
16 TAC §7.7101
PIPELINE SAFETY REGULATIONS
16 TAC §8.210
16 TAC §8.301
COAL MINING REGULATIONS
FORM, CONDITIONS, AND TERMS OF PERFORMANCE BOND AND LIABILITY INSURANCE
16 TAC §12.309
UNDERGROUND PIPELINE DAMAGE PREVENTION
16 TAC §18.11
ADMINISTRATION
CONTRACT MONITORING
16 TAC §20.81

TEXAS BOARD OF ARCHITECTURAL EXAMINERS

REGISTERED INTERIOR DESIGNERS
22 TAC §5.5
22 TAC §5.34

DEPARTMENT OF STATE HEALTH SERVICES

TEXAS HIV MEDICATION PROGRAM
25 TAC §§98.2, 98.6, 98.10

CANCER PREVENTION AND RESEARCH INSTITUTE OF TEXAS

GRANTS FOR CANCER PREVENTION AND RESEARCH
25 TAC §703.13, §703.25

TEXAS PARKS AND WILDLIFE DEPARTMENT

FINANCE
LICENSE, PERMIT, AND BOAT AND MOTOR FEES
31 TAC §53.2, §53.14
31 TAC §53.60
31 TAC §53.91
LICENSE, PERMIT, AND BOAT AND MOTOR FEES
31 TAC §53.12
31 TAC §53.110
31 TAC §§53.110 - 53.115
LAW ENFORCEMENT
31 TAC §55.202, §55.208
31 TAC §55.404
FISHERIES
31 TAC §§57.377, 57.379 - 57.381, 57.384, 57.385
PARKS
31 TAC §§59.2 - 59.4
RESOURCE PROTECTION
31 TAC §69.2, §69.8
31 TAC §69.6
31 TAC §69.26
31 TAC §§69.102, 69.116, 69.121
31 TAC §69.301
31 TAC §69.405

COMPTROLLER OF PUBLIC ACCOUNTS

TAX ADMINISTRATION
34 TAC §3.83

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

GENERAL PROVISIONS
37 TAC §151.71
37 TAC §151.73
REPORTS AND INFORMATION GATHERING
37 TAC §155.23
COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS
37 TAC §163.21

DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

CHILD PROTECTIVE SERVICES
INVESTIGATIONS
40 TAC §700.516
MINIMUM STANDARDS FOR CHILD-CARE HOMES
40 TAC §§747.103, 747.105, 747.107, 747.109, 747.111, 747.113
SCOPE
40 TAC §§747.111, 747.113, 747.115, 747.117
DEFINITIONS
40 TAC §747.121, §747.123
PRIMARY CAREGIVER RESPONSIBILITIES
40 TAC §747.207
PRIMARY CAREGIVER
40 TAC §747.209
REQUIRED NOTIFICATIONS
40 TAC §747.301
REQUIRED POSTINGS
40 TAC §747.401, §747.403
OPERATIONAL POLICIES
40 TAC §§747.501, 747.503, 747.505
RECORDS OF CHILDREN
40 TAC §§747.603, 747.605, 747.613, 747.615, 747.623
40 TAC §§747.615, 747.617, 747.619, 747.621, 747.623, 747.625
RECORDS OF ACCIDENTS AND INCIDENTS
40 TAC §747.703
40 TAC §747.705
RECORDS THAT MUST BE KEPT ON FILE AT THE CHILD-CARE HOME
40 TAC §747.801, §747.803
RECORDS ON CAREGIVERS AND HOUSEHOLD MEMBERS
40 TAC §747.907
40 TAC §747.909
PRIMARY CAREGIVER QUALIFICATIONS FOR A REGISTERED CHILD-CARE HOME
40 TAC §747.1007
PRIMARY CAREGIVER OF A REGISTERED CHILD-CARE HOME
40 TAC §747.1009
PRIMARY CAREGIVER QUALIFICATIONS OF A LICENSED CHILD-CARE HOME
40 TAC §§747.1107, 747.1113, 747.1123, 747.1129, 747.1131, 747.1137, 747.1145, 747.1147, 747.1149, 747.1153
PRIMARY CAREGIVER OF A LICENSED CHILD-CARE HOME
40 TAC §§747.1123, 747.1125, 747.1127, 747.1133, 747.1135
ASSISTANT AND SUBSTITUTE CAREGIVERS
40 TAC §§747.1205, 747.1215, 747.1217, 747.1219
40 TAC §§747.1207, 747.1209, 747.1211
PROFESSIONAL DEVELOPMENT
40 TAC §747.1303, §747.1323
40 TAC §§747.1303, 747.1305, 747.1309, 747.1311, 747.1313 - 747.1315, 747.1317, 747.1321
HOUSEHOLD MEMBERS, VOLUNTEERS, AND PEOPLE WHO OFFER CONTRACTED SERVICES
40 TAC §747.1401
GENERAL RESPONSIBILITIES FOR CAREGIVERS AND HOUSEHOLD MEMBERS
40 TAC §747.1501
40 TAC §747.2103
40 TAC §§747.2301, 747.2305, 747.2307, 747.2309, 747.2311, 747.2313, 747.2315, 747.2317, 747.2319, 747.2321, 747.2323, 747.2325 - 747.2328, 747.2331
40 TAC §747.2311
40 TAC §§747.2401, 747.2405, 747.2407
40 TAC §747.2507
40 TAC §747.2605, §747.2607
40 TAC §§747.2701, 747.2711, 747.2715
40 TAC §747.2703, §747.2705
40 TAC §§747.2801, 747.2803, 747.2805, 747.2807, 747.2811
40 TAC §747.2907
40 TAC §747.3003
40 TAC §§747.3101, 747.3109, 747.3117
ENVIRONMENTAL HEALTH
40 TAC §§747.3203, 747.3211, 747.3215 - 747.3217
40 TAC §747.3205, §747.3207
DIAPER CHANGING
40 TAC §§747.3301, 747.3303, 747.3307
ILLNESS AND INJURY
40 TAC §§747.3401, 747.3403, 747.3406, 747.3407, 747.3411
SAFETY PRECAUTIONS
40 TAC §§747.3503, 747.3505, 747.3507
MEDICATION AND MEDICAL ASSISTANCE
40 TAC §747.3601, §747.3619
ANIMALS AT MY CHILD-CARE HOME
40 TAC §747.3701
RELEASE OF CHILDREN
40 TAC §747.3903
INDOOR SPACE REQUIREMENTS
40 TAC §747.4011, §747.4015
OUTDOOR SPACE REQUIREMENTS
40 TAC §747.4107
40 TAC §747.4113
TOILETS AND SINKS
40 TAC §747.4203
FURNITURE AND EQUIPMENT
40 TAC §§747.4301, 747.4303, 747.4305, 747.4307, 747.4309
40 TAC §747.4311
MINIMUM SAFETY REQUIREMENTS
40 TAC §747.4401, §747.4407
INFLATABLES
40 TAC §747.4751
40 TAC §§747.4803, 747.4807, 747.4809, 747.4815
EMERGENCY PREPAREDNESS
40 TAC §747.5013
FIRE EXTINGUISHING AND SMOKE DETECTION SYSTEMS
40 TAC §§747.5101, 747.5103, 747.5105, 747.5107, 747.5109, 747.5115, 747.5117
40 TAC §§747.5401, 747.5405, 747.5407, 747.5409, 747.5411, 747.5417, 747.5419, 747.5421

WITHDRAWN RULES

TEXAS EDUCATION AGENCY

SCHOOL DISTRICTS
19 TAC §61.1033
19 TAC §61.1036, §61.1040

DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
40 TAC §748.2307

ADOPTED RULES

TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

UNIFORM MULTIFAMILY RULES
10 TAC §§10.1 - 10.4
10 TAC §§10.1 - 10.4
10 TAC §10.101
10 TAC §10.101
10 TAC §§10.201 - 10.207
10 TAC §§10.201 - 10.207
10 TAC §§10.301 - 10.307
10 TAC §§10.301 - 10.307
10 TAC §§10.901 - 10.904
10 TAC §§10.901 - 10.904
HOUSING TAX CREDIT PROGRAM QUALIFIED ALLOCATION PLAN
10 TAC §§11.1 - 11.10
10 TAC §§11.1 - 11.10

OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM OFFICE

SPORTS AND EVENTS TRUST FUND
10 TAC §§184.1 - 184.4
10 TAC §§184.10 - 184.13
10 TAC §§184.20 - 184.23
10 TAC §§184.30 - 184.33
10 TAC §§184.40 - 184.45
10 TAC §184.50, §184.51
10 TAC §§184.100 - 184.106
10 TAC §§184.200 - 184.206

TEXAS EDUCATION AGENCY

STUDENT ATTENDANCE
19 TAC §§129.1041, 129.1043, 129.1045, 129.1047

STATE BOARD FOR EDUCATOR CERTIFICATION

REQUIREMENTS FOR EDUCATOR PREPARATION PROGRAMS
19 TAC §§228.2, 228.10, 228.15, 228.17, 228.20, 228.30, 228.35, 228.40, 228.50, 228.60, 228.70
ACCOUNTABILITY SYSTEM FOR EDUCATOR PREPARATION PROGRAMS
19 TAC §§229.1 - 229.9
19 TAC §229.21
PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION
19 TAC §230.1
19 TAC §230.11, §230.13
19 TAC §230.15
19 TAC §§230.31, 230.33, 230.35 - 230.37, 230.41
19 TAC §230.39
19 TAC §§230.53, 230.63, 230.65
19 TAC §§230.71, 230.73, 230.75, 230.77, 230.79, 230.81, 230.83
19 TAC §§230.91, 230.93, 230.97, 230.101, 230.104, 230.105, 230.107
19 TAC §230.111, §230.113
REQUIREMENTS FOR PUBLIC SCHOOL PERSONNEL ASSIGNMENTS
19 TAC §231.97
SOCIAL STUDIES, GRADES 9-12 ASSIGNMENTS
19 TAC §231.175
FINE ARTS, GRADES 9-12 ASSIGNMENTS
19 TAC §231.241
TECHNOLOGY APPLICATIONS, GRADES 9-12 ASSIGNMENTS
19 TAC §231.251, §231.257
BUSINESS MANAGEMENT AND ADMINISTRATION, GRADES 9-12 ASSIGNMENTS
19 TAC §231.365
19 TAC §231.611
CATEGORIES OF CLASSROOM TEACHING CERTIFICATES
19 TAC §§233.5, 233.8, 233.10, 233.14
EDUCATORS' CODE OF ETHICS
19 TAC §247.1, §247.2
DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES
19 TAC §249.14, §249.17

WINDHAM SCHOOL DISTRICT

GENERAL PROVISIONS
19 TAC §300.2

TEXAS BOARD OF ARCHITECTURAL EXAMINERS

ADMINISTRATION
22 TAC §7.10

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

PUBLIC NOTICE
30 TAC §39.411
30 TAC §39.603
REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT
30 TAC §55.152
STANDARDS OF PERFORMANCE FOR HAZARDOUS AIR POLLUTANTS AND FOR DESIGNATED FACILITIES AND POLLUTANTS
30 TAC §§113.100, 113.120, 113.190, 113.200, 113.290, 113.300, 113.320, 113.330, 113.340, 113.350, 113.380, 113.430, 113.450, 113.560, 113.610, 113.640, 113.660, 113.670, 113.690, 113.700, 113.710, 113.720, 113.730, 113.750, 113.780, 113.810, 113.860, 113.1040, 113.1090, 113.1130, 113.1190, 113.1200, 113.1300, 113.1390
CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES
30 TAC §114.100
VEHICLE SCRAPPAGE PROGRAM
30 TAC §§114.211 - 114.217, 114.219
GASOLINE VOLATILITY
30 TAC §114.305
USE OF RECLAIMED WATER
30 TAC §§210.81 - 210.85
ON-SITE SEWAGE FACILITIES
30 TAC §285.80, §285.81
30 TAC §285.81
UNDERGROUND INJECTION CONTROL
30 TAC §331.9
30 TAC §331.131

TEACHER RETIREMENT SYSTEM OF TEXAS

ADMINISTRATIVE PROCEDURES
34 TAC §23.7, §23.8
MEMBERSHIP CREDIT
34 TAC §25.24, §25.31
34 TAC §25.303
BENEFITS
34 TAC §29.83

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

GENERAL PROVISIONS
37 TAC §151.3
37 TAC §151.6
37 TAC §151.52
REPORTS AND INFORMATION GATHERING
37 TAC §155.21
COMMUNITY JUSTICE ASSISTANCE DIVISION ADMINISTRATION
37 TAC §161.21
COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS
37 TAC §163.5

DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
40 TAC §748.3
DEFINITIONS
40 TAC §748.43
SERVICES
40 TAC §748.61, §748.65
PERMIT HOLDER RESPONSIBILITIES
40 TAC §§748.101, 748.103, 748.105, 748.107, 748.109, 748.111
PLANS AND POLICIES REQUIRED FOR THE APPLICATION PROCESS
40 TAC §§748.101, 748.103, 748.105, 748.107, 748.109, 748.111, 748.113, 748.115, 748.117, 748.119, 748.121, 748.123, 748.125, 748.127, 748.129
GOVERNING BODY
40 TAC §748.131, §748.133
OPERATIONAL RESPONSIBILITIES AND NOTIFICATIONS
40 TAC §§748.151, 748.153, 748.155, 748.157
GENERAL FISCAL REQUIREMENTS
40 TAC §748.161, §748.163
40 TAC §748.161
REQUIRED POSTINGS
40 TAC §748.191
POLICIES AND PROCEDURES
40 TAC §§748.231, 748.233, 748.235, 748.237, 748.239, 748.241
REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES
40 TAC §§748.301, 748.303, 748.309, 748.313, 748.315
40 TAC §748.307
OPERATION RECORDS
40 TAC §748.341
40 TAC §§748.341, 748.343, 748.345, 748.347
PERSONNEL RECORDS
40 TAC §748.361, §748.363
CHILD RECORDS
40 TAC §748.393, §748.395
RECORD RETENTION
40 TAC §748.435
GENERAL REQUIREMENTS
40 TAC §748.501
40 TAC §748.505
CHILD-CARE ADMINISTRATOR
40 TAC §§748.533, 748.535, 748.539
PROFESSIONAL LEVEL SERVICE PROVIDERS
40 TAC §§748.563, 748.571, 748.575
TREATMENT DIRECTOR
40 TAC §748.605
CAREGIVERS
40 TAC §748.681
CONTRACT STAFF AND VOLUNTEERS
40 TAC §§748.721, 748.724, 748.725, 748.729, 748.731
40 TAC §748.727, §748.731
DEFINITIONS
40 TAC §748.801
PRE-SERVICE EXPERIENCE AND TRAINING
40 TAC §§748.861, 748.867, 748.869
GENERAL PRE-SERVICE TRAINING
40 TAC §748.883, §748.885
ANNUAL TRAINING
40 TAC §§748.935, 748.937, 748.939, 748.941, 748.943, 748.945
FIRST-AID AND CPR CERTIFICATION
40 TAC §748.985, §748.987
40 TAC §§748.1009, 748.1013, 748.1021
40 TAC §748.1101, §748.1105
40 TAC §§748.1101, 748.1103, 748.1109, 748.1117, 748.1119
ADMISSION
40 TAC §§748.1205, 748.1207, 748.1209, 748.1211, 748.1213, 748.1215, 748.1217, 748.1219, 748.1223, 748.1225
EMERGENCY ADMISSION
40 TAC §748.1263, §748.1269
EDUCATIONAL SERVICES
40 TAC §748.1303
SERVICE PLANS
40 TAC §§748.1331, 748.1335, 748.1337, 748.1340, 748.1341, 748.1345, 748.1349, 748.1351
SERVICE PLAN REVIEWS AND UPDATES
40 TAC §§748.1381, 748.1385, 748.1386, 748.1389
DISCHARGE AND TRANSFER PLANNING
40 TAC §§748.1433, 738.1435, 748.1437
DENTAL CARE
40 TAC §748.1501
MEDICAL CARE
40 TAC §§748.1531, 748.1539, 748.1541, 748.1543, 748.1549, 748.1551
COMMUNICABLE DISEASES
40 TAC §748.1581
TOBACCO AND E-CIGARETTE USE
40 TAC §748.1661
NUTRITION AND HYDRATION
40 TAC §748.1695, §748.1697
ADDITIONAL REQUIREMENTS FOR INFANT CARE
40 TAC §§748.1741, 748.1743, 748.1751, 748.1753, 748.1757, 748.1759, 748.1761, 748.1763, 748.1765
40 TAC §748.1753, §748.1765
ADDITIONAL REQUIREMENTS FOR TODDLER CARE
40 TAC §748.1791, §748.1793
ADMINISTRATION OF MEDICATION
40 TAC §748.2003, §748.2009
SELF-ADMINISTRATION OF MEDICATION
40 TAC §748.2053
MEDICATION STORAGE AND DESTRUCTION
40 TAC §748.2101
MEDICATION RECORDS
40 TAC §748.2151
SIDE EFFECTS AND ADVERSE REACTIONS TO MEDICATION
40 TAC §748.2231, §748.2233
40 TAC §748.2309
40 TAC §748.2401
40 TAC §748.3015, §748.3017
INTERIOR SPACE
40 TAC §§748.3351, 748.3353, 748.3357, 748.3365
PLAY EQUIPMENT AND SAFETY REQUIREMENTS
40 TAC §748.3481
PLAYGROUND USE ZONES
40 TAC §748.3535
PROTECTIVE SURFACING
40 TAC §748.3567
SWIMMING POOLS, WADING/SPLASHING POOLS, AND HOT TUBS
40 TAC §748.3601, §748.3603
GENERAL REQUIREMENTS
40 TAC §748.3701, §748.3705
SWIMMING ACTIVITIES
40 TAC §§748.3751, 748.3753, 748.3757, 748.3765
WATERCRAFT ACTIVITIES
40 TAC §748.3801
TRAMPOLINE USE
40 TAC §748.3891
WEAPONS, FIREARMS, EXPLOSIVE MATERIALS, AND PROJECTILES
40 TAC §748.3931
SAFETY RESTRAINTS
40 TAC §748.4041, §748.4047
40 TAC §§748.4041, 748.4043, 748.4045
SERVICE MANAGEMENT
40 TAC §748.4213
RESPITE CHILD-CARE SERVICES
40 TAC §748.4261, §748.4265
REGULATION
40 TAC §748.4301
DEFINITIONS
40 TAC §748.4403
PRIMITIVE CAMPING EXCURSIONS
40 TAC §748.4471, §748.4473
MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
CAREGIVERS
40 TAC §748.685
NORMALCY
40 TAC §§748.701, 748.703, 748.705, 748.707, 748.709
PRE-SERVICE EXPERIENCE AND TRAINING
40 TAC §748.863, §748.868
GENERAL PRE-SERVICE TRAINING AND PRE-SERVICE TRAINING REGARDING NORMALCY
40 TAC §748.881, §748.882
ANNUAL TRAINING
40 TAC §748.931, §748.944
40 TAC §748.1003
SERVICE PLANS
40 TAC §748.1339
CHILD/CAREGIVER RATIOS
40 TAC §748.4701

REVIEW OF AGENCY RULES

Proposed Rule Reviews
Texas Department of Criminal Justice
Texas Department of Licensing and Regulation
Adopted Rule Reviews
Texas A&M Forest Service
Texas Board of Architectural Examiners
Texas Department of Criminal Justice

TABLES & GRAPHICS

IN ADDITION

Comptroller of Public Accounts
Certification of the Average Closing Price of Gas and Oil
Local Sales Tax Rate Changes Effective January 1, 2017
Office of Consumer Credit Commissioner
Notice of Rate Ceilings
Texas Commission on Environmental Quality
Agreed Orders
Enforcement Orders
Notice of Application and Public Hearing for an Air Quality Standard Permit for a Concrete Batch Plant With Enhanced Controls Proposed Air Quality Registration Number 143780
Notice of District Petition
Notice of Public Hearing
Notice of Public Hearing
Notice of Public Hearing
Notice of Public Hearing
Notice of Water Rights Application
Texas Facilities Commission
Request for Proposals #303-8-20585
Request for Proposals #303-8-20588
Request for Proposals #303-8-20589
General Land Office
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
Office of the Governor, Economic Development and Tourism Office
Notice of Proposed Redesignation of the Alamo Workforce Development Area and the Coastal Bend Workforce Development Area
Texas Health and Human Services Commission
Notice of Public Hearing on Proposed Medicaid Payment Rates for Residential Care Program, Assisted Living Services, and Personal Care 3 Services
Department of State Health Services
Amendment to the Texas Controlled Substances Schedules
Texas Department of Licensing and Regulation
Enforcement Plan - Combative Sports Penalty Matrix
Texas Lottery Commission
Scratch Ticket Game Number 1872 "Double Match"
Panhandle Regional Planning Commission
Legal Notice
Public Utility Commission of Texas
Notice of Application for Retail Electric Provider Certification
Notice of Application for Sale, Transfer, or Merger
Notice of Application to Amend a Service Provider Certificate of Operating Authority
Notice of Application to Amend a Service Provider Certificate of Operating Authority
Notice of Application to Amend a Water Certificate of Convenience and Necessity
Notice of Intent to Implement a Minor Rate Change Pursuant to 16 TAC §26.171
Notice of Intent to Implement a Minor Rate Change Pursuant to 16 TAC §26.171
Notice of Petition for Amendment to Certificate of Convenience and Necessity by Expedited Release
Notice of Petition for Amendment to Certificate of Convenience and Necessity by Expedited Release
Texas Department of Transportation
Aviation Division - Request for Proposal for Professional Services
Request for Proposal - Private Consultant Services
Workforce Solutions for the Heart of Texas
Notice to Public