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.