BILL ANALYSIS



C.S.H.B. 2476
By: Walker
4-10-95
Committee Report (Substituted)


BACKGROUND
Current law requires the Texas Department of Licensing and
Regulation to approve rules and exams proposed by the Texas Natural
Resource Conservation Commission regarding water well pump
installers.  This language was included by the 72nd Legislature in
anticipation of an omnibus licensing bill.  The omnibus legislation
failed to pass, but the references to the department were never
deleted.


PURPOSE
To exclude the Texas Department of Licensing and Regulation from
the licensing and regulation of water well pump installers.


RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 32.001, Water Code, by adding a
definition of "deteriorated well"; striking the definition of
"licensing department"; amending the definitions of "monitoring
well", "dewatering well", and "water well driller".

SECTION 2. Amends Sections 32.002 (a) and (i) of the Water Code to
remove a requirement of license approval by the licensing
department.

SECTION 3. Amends Section 32.003 by striking the language "approved
by the licensing department".

SECTION 4. Amends Section 32.004 by striking the language "approved
by the licensing department".

SECTION 5. Amends Section 32.001 (i) of the Water Code, allowing
members of the council to receive a per diem and reimbursement for
expenditures incurred while on official business of the council.

SECTION 6. Amends Section 32.007 (a) of the Water Code by deleting
the language "and subject to the approval of the licensing
department."

SECTION 7. Amends Section 32.009 (a) of the Water Code, allowing
the commission to adopt rules without the consent of the licensing
department.

SECTION 8. Amends Section 32.014, Water Code, changing the
provision of audit under this chapter. Furthermore, this amendment
requires that all funds or credits collected for the well drillers,
by the commission, are appropriated towards the administration of
this chapter, with no more than 20 percent of the funds allocated
toward administrative costs. 

SECTION 9. Amends Section 32.017 (e), Water Code, requiring any
licensed driller, pump installer or well owner who plugs a well, to
submit a plugging report to the commission no longer than 30 days
after the incident.
 
SECTION 10. Adds the definition of a deteriorated well to Sec.
33.001. of the Water Code, while deleting the definition of the
licensing board. 

SECTION 11. Deletes the licensing department from Section 33.002
(a) and (h) of the Water Code.


SECTION 12. Amends Section 33.003, Water Code, to allow for the
issuance of a staggered license without the regulation of the
licensing department.

SECTION 13. Amends Section 33.004, Water Code,  by striking the
words "approved by the licensing department".

SECTION 14. Amends Section 33.005 (a) of the Water Code, by
striking the words "and subject to the approval of the licensing
department".

SECTION 15. Amends Section 33.007(a), Water Code, by striking the
words "approved by the licensing department".

SECTION 16. Deletes the licensing department's authority to audit
the disposition of revenue for the commission. This strikes subpart
(a) of Section 33.012, Water Code;  caps the percentage of funds
(20 percent) allocated toward administrative costs of the
commission.    

SECTION 17. Effective date.

SECTION 18. Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE
(1)  At Section 1, page 1, line 19, of the Substitute, the words
"including lignite" were added, and were not in the Original.
(2)  At Section 1, page 3, line 19, of the Substitute, the spelling
of the word "piezometer" was corrected.
(3)  At Section 1, page 3, line 21, of the Substitute, the word
"lignite" was added, and was not in the Original.
(4)  At Section 1, page 4, lines 22-23, of the Substitute, this
Paragraph (B) was added to the list of persons excluded from the
definition of "water well driller", and was not in the Original.
(5)  The Original, at Section 7, page 6, lines 13-18, amended
Section 32.008, Water Code, to make continuing education programs
for licensees mandatory, rather than voluntary as they are
presently.  That amending section was deleted entirely in the
Substitute.
(6)  The Original, at Section 16, page 10, lines 13-18, amended
Section 33.006, Water Code, to make continuing education programs
for licensees mandatory, rather than voluntary as they are
presently.  That amending section was deleted entirely in the
Substitute.
(7)  The words "20 percent" at both Section 8, page 7, line 7, and
Section 16, page 10, line 23, in the Substitute were the words "15
percent" in the corresponding sections of the Original.


SUMMARY OF COMMITTEE ACTION
H.B.2476 was considered by the committee in a public hearing on
March 27, 1995.
The following persons testified in favor of the bill:
     Mr. Billy Green, representing himself and Texas Groundwater
Association;
     Mr. Gary D. Grant, representing Hi Plains Drilling, Inc., and
TNRCC Water Well Advisory Council;
     Mr. Richard Bowers, representing North Plains Groundwater
Conservation District No.2;
     Mr. Raymond Felder, representing himself and Texas Ground
Water Association;
     Mr. John Pyburn, representing himself and Texas Ground Water
Association;
     Mr. Charlie Waller, representing himself and Texas Ground
Water Association.

The following persons testified against the bill:  None (0).

The following person testified on the bill:
     Mr. Dennis Clark, representing himself and Emerald Underground
Water Conservation Association.

The bill was left pending.


H.B.2476 was considered by the committee in a public hearing on
April 3, 1995.
No testimony was received.
The committee considered a complete substitute for the bill.  The
substitute was adopted without objection.
The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 5
ayes, 0 nays, 0 pnv, 4 absent.

The vote by which H.B.2476, as substituted, was reported was
reconsidered without objection in a public hearing on April 10,
1995.  The vote by which the substitute was adopted was
reconsidered without objection.  The substitute was withdrawn.
No testimony was received.
The committee considered another complete substitute for the bill. 
The substitute was adopted without objection.
The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 7
ayes, 0 nays, 0 pnv, 2 absent.