Texas Register V.25 No.47

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This month's front cover artwork: Artist: Joella Reid 11th grade Whiteface High School School children's artwork has decorated the blank filler pages of the Texas Register since 1987. Teachers throughout the state submit the drawings for students in grades K-12. The drawings dress up the otherwise gray pages of the Texas Register and introduce students to this obscure but important facet of state government. We will display artwork on the cover of each Texas Register. The artwork featured on the front cover is chosen at random. The artwork is published on what would otherwise be blank pages in the Texas Register. These blank pages are caused by the production process used to print the Texas Register. The artwork does not add additional pages to each issue and does not increase the cost of the Texas Register. Texas Register, (ISSN 0362-4781), is published weekly, 52 times a year. Issues will be published by the Office of the Secretary of State, 1019 Brazos, Austin, Texas 78701. Subscription costs: printed, one year $150, six months $100. First Class mail subscriptions are available at a cost of $250 per year. Single copies of most issues for the current year are available at $10 per copy in printed format. Material in the Texas Register is the property of the State of Texas. However, it may be copied, reproduced, or republished by any person without permission of the Texas Register Director, provided no such republication shall bear the legend Texas Register or "Official" without the written permission of the director. The Texas Register is published under the Government Code, Title 10, Chapter 2002. Periodicals Postage Paid at Austin, Texas. POSTMASTER: Send address changes to the Texas Register, P.O. Box 13824, Austin, TX 78711-3824. Texas Administrative Code a section of the Dana Blanton Office of the Secretary of State Roberta Knight P.O. Box 13824 Austin, TX 78711-3824 Texas Register (800) 22607199 Leah Billingsley (512) 463-5561 Carla Carter FAX (512) 463-5569 Melissa Dix http://www.sos.state.tx.us Ann Franklin Secretary of State - Elton Bomer Kris Hogan Director - Dan Procter Diana Muniz-Franklin Crystal Richey Customer Relations Leti Benavides Circulation/Marketing LaKiza Fowler Jill S. Ledbetter ATTORNEY GENERAL 22 TAC §239.1 .............................................................................11635 Opinions.......................................................................................11611 22 TAC §§239.11, 239.17 - 239.19..............................................11635 PROPOSED RULES 22 TAC §239.35, §239.36............................................................11636 CREDIT UNION DEPARTMENT PEER REVIEW AND REPORTING CHARTERING, OPERATIONS, MERGERS, 22 TAC §§240.11 - 240.13...........................................................11636 LIQUIDATIONS STRUCTURAL PEST CONTROL BOARD 7 TAC §91.808 .............................................................................11613 TREATMENT STANDARDS TEXAS STATE LIBRARY AND ARCHIVES 22 TAC §599.6 .............................................................................11637 COMMISSION TEXAS CANCER COUNCIL TEXSHARE LIBRARY CONSORTIUM POLICIES AND PROCEDURES 13 TAC §§8.1 - 8.6.......................................................................11614 25 TAC §701.21...........................................................................11638 RAILROAD COMMISSION OF TEXAS COMPTROLLER OF PUBLIC ACCOUNTS PRACTICE AND PROCEDURE TAX ADMINISTRATION 16 TAC §1.201 .............................................................................11617 34 TAC §3.173 .............................................................................11639 PIPELINE SAFETY REGULATIONS TEXAS COMMISSION FOR THE BLIND 16 TAC §8.101 .............................................................................11620 ADMINISTRATIVE RULES AND PROCEDURES TEXAS EDUCATION AGENCY 40 TAC §159.6 .............................................................................11639 STATE ADOPTION AND DISTRIBUTION OF INSTRUCTIONAL MATERIALS BLINDNESS EDUCATION, SCREENING AND TREATMENT PROGRAM 19 TAC §§66.1, 66.7, 66.10 .........................................................11623 40 TAC §166.4 .............................................................................11641 19 TAC §§66.21, 66.24, 66.27, 66.28, 66.36, 66.51, 66.54, 66.69, 66.78.............................................................................................11624 WITHDRAWN RULES 19 TAC §66.104...........................................................................11627 TEXAS HEALTH AND HUMAN SERVICES 19 TAC §66.131...........................................................................11628 COMMISSION BUDGETING, ACCOUNTING, AND AUDITING MEDICAID REIMBURSEMENT RATES 19 TAC §109.51, §109.52............................................................11628 1 TAC §355.8021 .........................................................................11643 BOARD OF VOCATIONAL NURSE EXAMINERS CREDIT UNION DEPARTMENT ADMINISTRATION CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS 22 TAC §231.1 .............................................................................11630 7 TAC §91.808 .............................................................................11643 22 TAC §§231.15, 231.27, 231.46 - 231.48.................................11630 GENERAL LAND OFFICE 22 TAC §231.61...........................................................................11631 OIL SPILL PREVENTION AND RESPONSE EDUCATION 31 TAC §19.13, §19.14 ................................................................11643 22 TAC §233.1 .............................................................................11632 31 TAC §19.64 .............................................................................11643 LICENSING ADOPTED RULES 22 TAC §235.1, §235.9 ................................................................11632 OFFICE OF THE ATTORNEY GENERAL 22 TAC §§235.21 - 235.23...........................................................11633 22 TAC §235.31...........................................................................11633 CHILD SUPPORT ENFORCEMENT 22 TAC §§235.42, 235.44, 235.48 ...............................................11634 1 TAC §§55.1 - 55.5.....................................................................11645 CONTINUING EDUCATION STATE SECURITIES BOARD 22 TAC §237.12...........................................................................11634 TRANSACTIONS EXEMPT FROM REGISTRATION CONTESTED CASE PROCEDURE 7 TAC §109.7 ...............................................................................11645 TABLE OF CONTENTS 25 TexReg 11607 DEALERS AND SALESMEN 31 TAC §19.36, §19.37 ................................................................11660 7 TAC §115.1 ...............................................................................11646 31 TAC §§19.60-19.63.................................................................11661 7 TAC §115.3 ...............................................................................11646 COMPTROLLER OF PUBLIC ACCOUNTS FORMS TAX ADMINISTRATION 7 TAC §133.9 ...............................................................................11646 34 TAC §3.182 .............................................................................11663 EXEMPTIONS BY RULE OR ORDER 34 TAC §3.316 .............................................................................11665 7 TAC §139.20 .............................................................................11647 TEXAS DEPARTMENT OF HUMAN SERVICES TEXAS DEPARTMENT OF ECONOMIC NURSING FACILITY REQUIREMENTS FOR DEVELOPMENT LICENSURE AND MEDICAID CERTIFICATION PROCEDURES OF THE BOARD 40 TAC §19.1104 .........................................................................11665 10 TAC §§190.2, 190.4 - 190.7....................................................11647 40 TAC §19.2601 .........................................................................11666 OPEN RECORDS CHARGES MEDICAID MANAGED CARE 10 TAC §§192.1 - 192.7...............................................................11648 40 TAC §40.103...........................................................................11666 TEXAS EDUCATION AGENCY TEXAS COMMISSION FOR THE BLIND STATEMENT OF INVESTMENT OBJECTIVES, ADMINISTRATIVE RULES AND PROCEDURES POLICIES, AND GUIDELINES OF THE TEXAS 40 TAC §159.7 .............................................................................11667 PERMANENT SCHOOL FUND APPEALS AND HEARING PROCEDURES 19 TAC §33.5 ...............................................................................11648 40 TAC §161.24...........................................................................11667 CHARTERS VOCATIONAL REHABILITATION PROGRAM 19 TAC §100.1 .............................................................................11652 40 TAC §163.35...........................................................................11667 TEXAS REAL ESTATE COMMISSION INDEPENDENT LIVING PROGRAM PROVISIONS OF THE REAL ESTATE LICENSE ACT 40 TAC §§164.1-164.3.................................................................11668 22 TAC §535.205, §535.212 ........................................................11653 40 TAC §§164.10, 164.11, 164.13 ...............................................11668 22 TAC §§535.206, 535.208, 535.212-535.214, 535.216-535.218, 535.221, 535.223, 535.224, 535.226............................................11653 40 TAC §164.11...........................................................................11668 22 TAC §535.400, §535.403 ........................................................11654
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