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 2-12 ------------------------------------------------------------------- 2-13 Name: Ed Small x 2-14 Representing: Texas Southwestern Cattle Raiser 2-15 City: Austin 2-16 ------------------------------------------------------------------- 2-17 Name: Robert Wiley x 2-18 Representing: Texas Water Commission 2-19 City: Austin 2-20 ------------------------------------------------------------------- 2-21 Name: Ralph Cadwallader x 2-22 Representing: Loop Tech Intl. 2-23 City: Huntsville 2-24 ------------------------------------------------------------------- 2-25 Name: Gary Grant x 2-26 Representing: HI Plains Drilling, Inc. 2-27 City: Abernathy 2-28 ------------------------------------------------------------------- 2-29 Name: James Kowis x 2-30 Representing: Texas Water Commission 2-31 City: Austin 2-32 -------------------------------------------------------------------