BILL ANALYSIS S.B. 675 By: Barrientos (Walker) 4-24-95 Committee Report (Amended) 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 delete language requiring approval by the Texas Department of Licensing and Regulation in the licensing and regulation of water well drillers. 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 Sections 32.001(10)-(17), Water Code, to delete the definition of "licensing department." Makes conforming changes. SECTION 2. Amends Sections 32.002(a) and (i), Water Code, as follows: (a) Prohibits a person from acting as or offering to perform services as a water well driller unless the person holds a license issued by the Texas Natural Resource Conservation Commission under this chapter and rules adopted under this chapter, rather than with additional approval of the Texas Department of Licensing and Regulation. (i) Makes a conforming change. SECTION 3. Amends Sections 32.003 and 32.004, Water Code, to make conforming changes. SECTION 4. Amends Section 37.007(a), Water Code, to make a conforming change. SECTION 5. Amends Section 32.009(a), Water Code, to make a conforming change. SECTION 6. Effective date. SECTION 7. Emergency clause. EXPLANATION OF AMENDMENTS COMMITTEE AMENDMENT NO. 1 Adds a definition for "deteriorated well" to Section 1. COMMITTEE AMENDMENT NO. 2 Amends Section 4 to add Section 32.006(1) to the Water Code, which provides that a member of the council is entitled to a per diem, as appropriated by the Legislature, for each day that the member engages in the business of the council; specifies the provisions for which a member may receive compensation; and renumbers existing Section 4 through 7 to Section 5 through 8, respectively. COMMITTEE AMENDMENT NO. 3 Amends Section 6 to add Section 32.014 to the Water Code, which provides that all money collected by the commission shall be deposited to the credit of the water well drillers fund; provides for allocation of not more than 20 percent of the water well drillers fund to cover administrative costs of the commission; and renumbers Section 6 and 7 to Section 7 and 8. COMMITTEE AMENDMENT NO. 4 Amends Section 7 to add Section 32.017(e) to the Water Code which provides that a licensed driller, licensed pump installer, or well owner who plugs an abandoned or deteriorated well shall submit a plugging report to the executive director not later than the 30th day after the date the well is plugged; provides that the commission shall furnish plugging report forms on request; and renumbers Section 7 and 8 to Section 8 and 9. SUMMARY OF COMMITTEE ACTION S.B.675 was considered by the committee in a public hearing on April 24, 1995. No testimony was received. The committee considered five (5) amendments to the bill. Four (4) of those amendments were adopted without objection. The other one (1) of those amendments was withdrawn. The bill was reported favorably as amended to the House, with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.