BILL ANALYSIS
S.B. 1639
By: Sibley
Water
5-11-95
Committee Report (Unamended)
BACKGROUND
S.B. 2, Acts of the 72nd Legislature, 1st Called Session, placed
the independent Board of Irrigators under the control of the Texas
Natural Resource Conservation Commission in Chapter 34, Water Code.
Ambiguities in the language of Chapter 34, Water Code, remain.
PURPOSE
As proposed, S.B. 1639 clarifies and updates the language of
Chapter 34, Water Code.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the Texas Natural Resource Conservation Commission under
SECTIONS 4 and 5 (Sections 34.006(i), 34.007(f), and 34.009(f),
Water Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 34.001 and 34.002, Water Code, as
follows:
Sec. 34.001. Defines "commission." Redefines "licensed
irrigator" and "licensed installer." Deletes a definition of
"department."
Sec. 34.002. (a) Provides that the licensure requirements of
this chapter do not apply to certain irrigation or yard
sprinkler repair work, other than extension of an existing
irrigation or yard sprinkler system or installation of a
replacement system, or to a hose-end product.
(b) Requires a person who is exempt from the licensure
requirements of this chapter to comply with the standards
and rules under this chapter.
SECTION 2. Amends Subsections (a), (d), (g), (h), and (k), Section
34.003, Water Code, as follows:
(a) and (d) Make nonsubstantive changes.
(g) Declares that the members of the Texas irrigators advisory
council (council) serve six-year terms, with the terms of two
members expiring February 1 of each odd-numbered year. Makes
a nonsubstantive change.
(h) Entitles a member to reimbursement for travel expenses,
including expenses for meals and lodging, as provided in the
General Appropriations Act.
(k) Requires the council to elect a chairman at the first
meeting each fiscal year.
SECTION 3. Amends Sections 34.004(b) and (c), Water Code, to make
nonsubstantive changes.
SECTION 4. Amends Sections 34.005-34.008, Water Code, as follows:
Sec. 34.005. New heading: COMMISSION FINANCES. Declares
that Sections 404.094 and 404.095, Government Code, do not
apply to the Texas irrigators fund. Makes nonsubstantive
changes.
Sec. 34.006. (a)-(h) Make nonsubstantive changes.
(i) Requires the Texas Natural Resource Conservation
Commission (commission) to establish criteria for
accreditation of training courses and continuing education
programs for licensed landscape irrigators and installers.
Deletes a provision making participation in the programs
voluntary.
(j) Requires the commission to establish criteria for
accreditation and approval of instructors. Deletes a
provision authorizing the commission to provide a list
containing all known uncertified instructors to each
applicant for an examination.
Sec. 34.007. (a) Prohibits any person from acting as a
licensed irrigator or installer unless he or she has a valid
certificate or registration (certificate) under this chapter.
(b) Requires the commission to issue certificates to persons
who have prequalified to act as licensed irrigators or
licensed installers by passing an examination.
(c) Limits the fee for taking the examination to $200,
rather than $100, for the irrigator certificate and $150,
rather than $75, for the installer certificate.
(d) Prohibits a person holding a certificate under this
chapter from being required to comply with any other
licensing requirements of other state agencies to perform
any function within the scope of the certificate issued
under this chapter.
(e) Requires the commission, not later than the 45th, rather
than the 30th, day after the day on which a person completes
an examination, to send examination results to the person.
Requires the commission, if requested, to send to a person
who failed the examination an analysis of the person's
performance on the examination not later than the 60th,
rather than the 30th, day after the day on which written
request is received by the commission.
(f) Requires the commission to adopt rules establishing
classes of certificates and fees.
Sec. 34.0008. Requires the application for registration under
this section to be accompanied by a fee of not more than $200,
rather than $100, for a licensed irrigator, or $150, rather
than $75, for a licensed installer. Makes nonsubstantive
changes.
SECTION 5. Amends Section 34.009, Water Code, by amending
Subsections (b) and (c), and adding Subsections (d), (e), and (f),
as follows:
(b) Requires the commission, not later than the 30th day
before the date on which a person's certificate expires, to
send a written notice of the impending expiration to the
person at the person's last known address as shown on the
records of the commission. Deletes a provision requiring
notice of the expiration date of the certificate to be sent to
every person registered under this chapter.
(c) Authorizes a person to renew an unexpired certificate by
paying to the commission the required renewal fee. Deletes a
provision authorizing renewal during the months of July and
August.
(d) Authorizes a person, if a person's certificate has been
expired for 90 days or less, to renew the certificate by
paying the required renewal fee and a penalty fee equal to
one-half the examination fee.
(e) Prohibits a person, if a person's certificate has been
expired for longer than 90 days, from renewing the
certificate. Authorizes the person to obtain a new
certificate by submitting to reexamination and complying with
requirements for obtaining an original certificate.
(f) Authorizes the commission, by rule, to adopt a system
under which certificates expire on various dates. Sets forth
requirements for the year in which the expiration date is
changed. Provides that the total renewal fee is due on
renewal of the registration on the new expiration date.
SECTION 6. Amends Section 34.010, Water Code, as follows:
(a)-(c) Make nonsubstantive changes.
(d) Deletes language requiring a complaint to be notarized.
Makes nonsubstantive changes.
(e) Makes nonsubstantive changes.
(f) Deletes existing Subsection (f) regarding a complaint the
commission has authority to resolve. Redesignates existing
Subsection (g). Makes nonsubstantive changes.
(g) Redesignates existing Subsection (h). Makes
nonsubstantive changes.
SECTION 7. Amends Sections 34.011-34.013, Water Code, as follows:
Sec. 34.011. (a) Authorizes the commission to assess as
administrative penalty against a person who violates an
applicable provision, rule, or order of this chapter, and who
is licensed under this chapter, a person who is required to be
licensed under this chapter, or a person who is exempt from
licensure but who is subject to the standards and rules of
this chapter. Makes nonsubstantive changes.
(b)-(d) Make nonsubstantive changes.
(e) Requires the executive director of the commission
(executive director) to give written notice of a violation
report to the person charged not later than the 30th, rather
than the 14th, day after the date on which the report is
issued.
(f) Authorizes the person to accept the determination of the
executive director not later than the 30th, rather than the
20th, day after the date on which notice is received.
(g)-(i) Make nonsubstantive changes.
(j) Requires the person charged with the penalty to pay the
penalty in full or, with or without paying the penalty, to
file a petition for judicial review. Deletes language
regarding an escrow account.
(k) Authorizes a person who acts under Subsection (j)(3)
within a 30-day period to stay enforcement of the penalty or
request the court to stay enforcement. Deletes a provision
regarding a person financially unable to pay the penalty.
(l) Authorizes the executive director, if the executive
director receives a copy of an affidavit under Subsection
(k)(2), to file with the court a contest to the affidavit.
Requires the court to hold a hearing and to stay enforcement
of the penalty on finding that the alleged facts are true.
Places the burden of proving financial inability to pay the
penalty or give the supersedeas bond on the person who files
an affidavit. Deletes language regarding the failure to
forward money, post a bond, or file the affidavit.
(m) Makes nonsubstantive changes.
(n) Requires the executive director, if the person paid the
penalty and if the penalty is reduced or not assessed by the
court, to remit the appropriate amount plus accrued interest
or execute a release of the bond.
(o) Makes no change.
Sec. 34.012. New heading: INJUNCTION. (a) Redesignates
existing Subsection (b). Subjects a person, including a
person who is not licensed under this chapter, who violates
this chapter to a civil penalty. Deletes existing Subsection
(a). Makes nonsubstantive changes.
(b)-(d) Redesignate existing Subsections (c)-(e). Make
conforming and nonsubstantive changes.
(e) Authorizes a party to an action brought under this
section to appeal a final judgment in the manner provided
for other civil cases.
Sec. 34.013. Makes a nonsubstantive change.
SECTION 8. Recreates the Texas irrigators fund as a special fund
to be used for the purposes specified in Chapter 34, Water Code.
SECTION 9. Extends the term of a council member serving on the
effective date of this Act and whose term is to expire on September
15 of a year in accordance with Section 34.003, Water Code, as it
existed before the effective date of this Act, to February 1 of the
year following the year in which the term is to expire.
SECTION 10. Effective date: September 1, 1995.
SECTION 11. Emergency clause.