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.