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.