By Walker H.B. No. 2476
74R7884 LJR-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of water well drillers and water well
1-3 pump installers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 32.001, Water Code, is amended to read as
1-6 follows:
1-7 Sec. 32.001. Definitions. In this chapter:
1-8 (1) "Commission" means the Texas Natural Resource
1-9 Conservation Commission.
1-10 (2) "Council" means the Texas water well drillers
1-11 advisory council.
1-12 (3) "Deteriorated well" means a well that, because of
1-13 its condition, will cause, or is likely to cause, pollution of any
1-14 water in this state, including groundwater.
1-15 (4) "Dewatering well" means an artificial excavation
1-16 constructed to produce groundwater to lower the water table or
1-17 potentiometric surface. The term does not include a dewatering
1-18 well that is used to produce or to facilitate the production of
1-19 minerals under a state regulatory program.
1-20 (5) <(4)> "Dewatering well driller" means a person,
1-21 including an owner, an operator, a contractor, or a drilling
1-22 supervisor, who drills, bores, cores, or constructs a dewatering
1-23 well. The term does not include a person who drills, bores, cores,
1-24 or constructs a dewatering well under the direct supervision of a
2-1 licensed dewatering well driller and who is not primarily
2-2 responsible for the drilling operation.
2-3 (6) <(5)> "Driller" means a water well driller,
2-4 injection well driller, dewatering well driller, or monitoring well
2-5 driller.
2-6 (7) <(6)> "Executive director" means the executive
2-7 director of the Texas Natural Resource Conservation Commission.
2-8 (8) <(7)> "Injection well" includes:
2-9 (A) an air-conditioning return flow well used to
2-10 return water that has been used for heating or cooling in a heat
2-11 pump to the aquifer that supplied the water;
2-12 (B) a cooling water return flow well used to
2-13 inject water that has been used for cooling;
2-14 (C) a drainage well used to drain surface fluid
2-15 into a subsurface formation;
2-16 (D) a recharge well used to replenish water in
2-17 an aquifer;
2-18 (E) a saltwater intrusion barrier well used to
2-19 inject water into a freshwater aquifer to prevent the intrusion of
2-20 salt water into fresh water;
2-21 (F) a sand backfill well used to inject a
2-22 mixture of water and sand, mill tailings, or other solids into
2-23 subsurface mines;
2-24 (G) a subsidence control well used to inject
2-25 fluids into a non-oil-producing or non-gas-producing zone to reduce
2-26 or eliminate subsidence associated with the overdraft of fresh
2-27 water; and
3-1 (H) a closed system geothermal well used to
3-2 circulate water, other fluids, or gases through the earth as a heat
3-3 source or heat sink.
3-4 (9) <(8)> "Injection well driller" means a person,
3-5 including an owner, an operator, a contractor, or a drilling
3-6 supervisor, who drills, bores, cores, or constructs an injection
3-7 well. The term does not include a person who drills, bores, cores,
3-8 or constructs an injection well under the direct supervision of a
3-9 licensed injection well driller and who is not primarily
3-10 responsible for the drilling operation.
3-11 (10) <(9)> "Licensed driller" means a person who holds
3-12 a license issued by the state under this chapter.
3-13 <(10) "Licensing department" means the Texas
3-14 Department of Licensing and Regulation.>
3-15 (11) "Monitoring well" means an artificial excavation
3-16 constructed to measure or monitor the quality and quantity or
3-17 movement of substances, elements, chemicals, or fluids beneath
3-18 <below> the surface of the ground. The term includes environmental
3-19 soil borings, perizometer wells, observation wells, and recovery
3-20 wells. The term does not include any <monitoring> well that is
3-21 used in conjunction with the production of oil, gas, or other
3-22 minerals.
3-23 (12) "Monitoring well driller" means a person,
3-24 including an owner, an operator, a contractor, or a drilling
3-25 supervisor, who drills, bores, cores, or constructs a monitoring
3-26 well.
3-27 (13) "Person" means an individual, firm, partnership,
4-1 association, corporation, or any other private legal entity.
4-2 (14) "Pollution" means a change to the physical,
4-3 thermal, chemical, or biological quality of water in a way that
4-4 makes the water harmful to humans, animals, vegetation, or property
4-5 or that impairs the public enjoyment of the water for a reasonable
4-6 purpose.
4-7 (15) "Water well" means any artificial excavation
4-8 constructed for the purpose of exploring for or producing
4-9 groundwater. The term does not include:
4-10 (A) a test or blast hole in quarries or mines or
4-11 a well or excavation constructed to explore for or produce oil,
4-12 gas, or other minerals unless the holes are also used to produce
4-13 groundwater; or
4-14 (B) an injection water source well regulated
4-15 under Section 91.101, Natural Resources Code.
4-16 (16) "Water well driller" means a person, including an
4-17 owner, an operator, a contractor, or a drilling supervisor, who
4-18 drills, bores, cores, or constructs a water well in this state.
4-19 The term does not include a person who drills, bores, cores, or
4-20 constructs a water well on his own property for his own use or a
4-21 person who assists in the construction of a water well under the
4-22 direct supervision of a licensed driller and is not primarily
4-23 responsible for the drilling operations.
4-24 (17) "Well" means a water well, injection well,
4-25 dewatering well, or monitoring well.
4-26 SECTION 2. Sections 32.002(a) and (i), Water Code, are
4-27 amended to read as follows:
5-1 (a) A person may not act as or offer to perform services as
5-2 a driller unless the person holds a license issued by the
5-3 commission under this chapter and under rules adopted under this
5-4 chapter <and approved by the licensing department>.
5-5 (i) The commission by rule shall set the fees imposed by
5-6 this chapter in amounts <approved by the licensing department> that
5-7 are reasonable and necessary to cover the costs of administering
5-8 this chapter.
5-9 SECTION 3. Section 32.003, Water Code, is amended to read as
5-10 follows:
5-11 Sec. 32.003. Staggered Renewal of Licenses. The commission
5-12 by rule <approved by the licensing department> may adopt a system
5-13 under which licenses expire on various dates during the year. For
5-14 the year in which the license expiration date is changed, license
5-15 renewal fees payable on August 31 shall be prorated. On renewal of
5-16 the license on the new expiration date, the total license renewal
5-17 fee is payable.
5-18 SECTION 4. Section 32.004, Water Code, is amended to read as
5-19 follows:
5-20 Sec. 32.004. Persons Licensed in Other States. The
5-21 commission may adopt rules <approved by the licensing department>
5-22 allowing waiver of a license requirement for an applicant with a
5-23 valid license from another state having license requirements
5-24 substantially equivalent to those of this state.
5-25 SECTION 5. Section 32.006(i), Water Code, is amended to read
5-26 as follows:
5-27 (i) A member of the council is entitled to a per diem as set
6-1 by legislative appropriation for each day that the member engages
6-2 in the business of the council. A member may <not> receive <any>
6-3 compensation for travel expenses, including expenses for meals and
6-4 lodging<, other than transportation expenses>. A member is
6-5 entitled to compensation for transportation expenses as prescribed
6-6 by the General Appropriations Act.
6-7 SECTION 6. Section 32.007(a), Water Code, is amended to read
6-8 as follows:
6-9 (a) The commission, with the advice of the council <and
6-10 subject to the approval of the licensing department>, shall prepare
6-11 licensing examinations, pass on the qualifications of license
6-12 applicants, and issue licenses to those who qualify.
6-13 SECTION 7. Section 32.008, Water Code, is amended to read as
6-14 follows:
6-15 Sec. 32.008. Continuing Education. The commission, with the
6-16 participation of the council, may recognize, prepare, or offer
6-17 continuing education programs for licensees. Participation in
6-18 continuing education programs is mandatory <voluntary>.
6-19 SECTION 8. Section 32.009(a), Water Code, is amended to read
6-20 as follows:
6-21 (a) The commission shall adopt rules as necessary to enforce
6-22 this chapter, including rules governing applications for a license,
6-23 qualifications of applicants, standards of conduct for licensed
6-24 drillers including marking of well drilling rigs and equipment, and
6-25 rules governing procedure and practice before the commission.
6-26 <Rules adopted under this section are subject to the approval of
6-27 the licensing department.>
7-1 SECTION 9. Section 32.014, Water Code, is amended to read as
7-2 follows:
7-3 Sec. 32.014. Disposition of Revenues. <(a) The financial
7-4 transactions of the commission in connection with the
7-5 administration of this chapter are subject to audit by the state
7-6 auditor in accordance with Chapter 321, Government Code.>
7-7 <(b)> All money collected by the commission under this
7-8 chapter shall be deposited to the credit of the water well drillers
7-9 fund and may be used only to administer this chapter. The
7-10 commission shall allocate not more than 15 percent of the water
7-11 well drillers fund to cover administrative costs of the commission.
7-12 SECTION 10. Section 32.017(e), Water Code, is amended to
7-13 read as follows:
7-14 (e) A licensed driller, licensed pump installer, or well
7-15 owner <person> who plugs an abandoned or deteriorated well shall
7-16 submit a plugging report to the executive director not later than
7-17 the 30th day after the date the well is plugged. The commission
7-18 shall furnish plugging report forms on request.
7-19 SECTION 11. Section 33.001, Water Code, is amended to read
7-20 as follows:
7-21 Sec. 33.001. Definitions. In this chapter:
7-22 (1) "Council" means the Texas water well drillers
7-23 advisory council.
7-24 (2) "Commission" means the Texas Natural Resource
7-25 Conservation Commission.
7-26 (3) "Deteriorated well" means a well that, because of
7-27 its condition, will cause, or is likely to cause, pollution of any
8-1 water in this state, including groundwater.
8-2 (4) "Executive director" means the executive director
8-3 of the Texas Natural Resource Conservation Commission.
8-4 <(4) "Licensing department" means the Texas Department
8-5 of Licensing and Regulation.>
8-6 (5) "Installer" means a person who installs or repairs
8-7 well pumps and equipment. The term does not include a person who
8-8 installs or repairs well pumps and equipment on the person's own
8-9 property for the person's own use or a person who assists in the
8-10 procedure of pump installation under the direct supervision of a
8-11 licensed installer and is not primarily responsible for the
8-12 installation.
8-13 (6) "Licensed installer" means a person who holds a
8-14 license issued under this chapter.
8-15 (7) "Person" means an individual, firm, partnership,
8-16 association, corporation, or any other private legal entity.
8-17 (8) "Pollution" means a change to the physical,
8-18 thermal, chemical, or biological quality of water in a way that
8-19 makes the water harmful to humans, animals, vegetation, or property
8-20 or that impairs the public enjoyment of water for a reasonable
8-21 purpose.
8-22 (9) "Pump installation" means the procedures employed
8-23 in the placement and preparation for operation of equipment and
8-24 materials used to obtain water from a well, including construction
8-25 involved in making the well and establishing seals and safeguards
8-26 as necessary to protect the water from contamination and including
8-27 repairs to an existing pump.
9-1 (10) "Well" means a water well, injection well,
9-2 dewatering well, or monitoring well as those terms are defined by
9-3 Section 32.001. The term does not include an injection water
9-4 source well regulated under Section 91.101, Natural Resources Code.
9-5 (11) "Well pumps and equipment" means equipment and
9-6 materials used to obtain water from a well, including the seals and
9-7 safeguards necessary to protect the water from contamination.
9-8 SECTION 12. Sections 33.002(a) and (h), Water Code, are
9-9 amended to read as follows:
9-10 (a) A person may not act as or offer to perform the services
9-11 of an installer unless the person holds a license issued by the
9-12 commission under rules adopted under this chapter <and approved by
9-13 the licensing department>.
9-14 (h) The commission by rule shall set the fees imposed under
9-15 this chapter in amounts <approved by the licensing department> that
9-16 are reasonable and necessary to cover the costs of administering
9-17 this chapter.
9-18 SECTION 13. Section 33.003, Water Code, is amended to read
9-19 as follows:
9-20 Sec. 33.003. Staggered Renewal of Licenses. The commission
9-21 by rule <approved by the licensing department> may adopt a system
9-22 under which licenses expire on various dates during the year. For
9-23 the year in which the license expiration date is changed, license
9-24 renewal fees payable on August 31 shall be prorated. On renewal of
9-25 the license on the new expiration date, the total license renewal
9-26 fee is payable.
9-27 SECTION 14. Section 33.004, Water Code, is amended to read
10-1 as follows:
10-2 Sec. 33.004. Persons Licensed in Other States. The
10-3 commission may adopt rules <approved by the licensing department>
10-4 allowing waiver of a license requirement for an applicant with a
10-5 valid license from another state that has license requirements
10-6 substantially equivalent to those of this state.
10-7 SECTION 15. Section 33.005(a), Water Code, is amended to
10-8 read as follows:
10-9 (a) The commission, with the advice of the council <and
10-10 subject to the approval of the licensing department>, shall prepare
10-11 licensing examinations, pass on the qualifications of license
10-12 applicants, and issue licenses to those who qualify.
10-13 SECTION 16. Section 33.006, Water Code, is amended to read
10-14 as follows:
10-15 Sec. 33.006. Continuing Education. The commission, with the
10-16 participation of the council, may recognize, prepare, or offer
10-17 continuing education programs for licensees. Participation in
10-18 continuing education programs is mandatory <voluntary>.
10-19 SECTION 17. Section 33.007(a), Water Code, is amended to
10-20 read as follows:
10-21 (a) The commission shall adopt rules<, approved by the
10-22 licensing department,> as necessary to enforce this chapter.
10-23 SECTION 18. Section 33.012, Water Code, is amended to read
10-24 as follows:
10-25 Sec. 33.012. Disposition of Revenues. <(a) The financial
10-26 transactions of the commission in connection with the
10-27 administration of this chapter are subject to audit by the state
11-1 auditor in accordance with Chapter 321, Government Code.>
11-2 <(b)> All money collected by the commission under this
11-3 chapter shall be deposited to the credit of the water well drillers
11-4 fund and may be used only to administer this chapter. The
11-5 commission shall allocate not more than 15 percent of the water
11-6 well drillers fund to cover administrative costs of the commission.
11-7 SECTION 19. This Act takes effect September 1, 1995.
11-8 SECTION 20. The importance of this legislation and the
11-9 crowded condition of the calendars in both houses create an
11-10 emergency and an imperative public necessity that the
11-11 constitutional rule requiring bills to be read on three several
11-12 days in each house be suspended, and this rule is hereby suspended.