1-1  By:  Sims                                             S.B. No. 1488
    1-2        (In the Senate - Filed May 7, 1993; May 10, 1993, read first
    1-3  time and referred to Committee on Natural Resources; May 14, 1993,
    1-4  reported adversely, with favorable Committee Substitute by the
    1-5  following vote:  Yeas 8, Nays 0; May 14, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Sims               x                               
    1-9        Truan              x                               
   1-10        Armbrister         x                               
   1-11        Barrientos         x                               
   1-12        Bivins             x                               
   1-13        Brown                                          x   
   1-14        Carriker                                       x   
   1-15        Lucio              x                               
   1-16        Montford           x                               
   1-17        Ratliff            x                               
   1-18        Shelley                                        x   
   1-19  COMMITTEE SUBSTITUTE FOR S.B. No. 1488                    By:  Sims
   1-20                         A BILL TO BE ENTITLED
   1-21                                AN ACT
   1-22  relating to the installation and repair of water well pumps and
   1-23  equipment.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  Section 32.009, Water Code, is amended by adding
   1-26  Subsection (d) to read as follows:
   1-27        (d)  Notwithstanding Subsection (a) of this section, the
   1-28  commission may not adopt rules under this chapter:
   1-29              (1)  regulating the installation or repair of well
   1-30  pumps and equipment by a person who owns or is in control of
   1-31  property or the person's employee or a person not hired or
   1-32  compensated acting on the person's behalf on the property the
   1-33  person owns or controls for the person's own use; or
   1-34              (2)  requiring a person who owns or is in control of
   1-35  property or possesses a well to complete, repair, or retrofit the
   1-36  well to any standard other than a standard in effect at the time
   1-37  the well was originally completed unless the well is found to be a
   1-38  threat to public health and safety or to water quality.
   1-39        SECTION 2.  Section 33.007, Water Code, is amended by adding
   1-40  Subsection (d) to read as follows:
   1-41        (d)  Notwithstanding Subsection (a) of this section, the
   1-42  commission may not adopt rules under this chapter:
   1-43              (1)  regulating the installation or repair of well
   1-44  pumps and equipment by a person who owns or is in control of
   1-45  property or the person's employee or a person not hired or
   1-46  compensated acting on the person's behalf on the property the
   1-47  person owns or controls for the person's own use; or
   1-48              (2)  requiring a person who owns or is in control of
   1-49  property or possesses a well to complete, repair, or retrofit the
   1-50  well to any standard other than a standard in effect at the time
   1-51  the well was originally completed unless the well is found to be a
   1-52  threat to public health and safety or to water quality.
   1-53        SECTION 3.  This Act takes effect September 1, 1993.
   1-54        SECTION 4.  The importance of this legislation and the
   1-55  crowded condition of the calendars in both houses create an
   1-56  emergency and an imperative public necessity that the
   1-57  constitutional rule requiring bills to be read on three several
   1-58  days in each house be suspended, and this rule is hereby suspended.
   1-59                               * * * * *
   1-60                                                         Austin,
   1-61  Texas
   1-62                                                         May 14, 1993
   1-63  Hon. Bob Bullock
   1-64  President of the Senate
   1-65  Sir:
   1-66  We, your Committee on Natural Resources to which was referred S.B.
   1-67  No. 1488, have had the same under consideration, and I am
   1-68  instructed to report it back to the Senate with the recommendation
    2-1  that it do not pass, but that the Committee Substitute adopted in
    2-2  lieu thereof do pass and be printed.
    2-3                                                         Sims,
    2-4  Chairman
    2-5                               * * * * *
    2-6                               WITNESSES
    2-7                                                  FOR   AGAINST  ON
    2-8  ___________________________________________________________________
    2-9  Name:  Dan Byfield                               x
   2-10  Representing:  Texas Farm Bureau
   2-11  City:  Austin
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   2-13  Name:  Ed Small                                  x
   2-14  Representing:  Texas Southwestern Cattle Raiser
   2-15  City:  Austin
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   2-17  Name:  Robert Wiley                                            x
   2-18  Representing:  Texas Water Commission
   2-19  City:  Austin
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   2-21  Name:  Ralph Cadwallader                                       x
   2-22  Representing:  Loop Tech Intl.
   2-23  City:  Huntsville
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   2-25  Name:  Gary Grant                                              x
   2-26  Representing:  HI Plains Drilling, Inc.
   2-27  City:  Abernathy
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   2-29  Name:  James Kowis                                             x
   2-30  Representing:  Texas Water Commission
   2-31  City:  Austin
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