S.B. No. 647
                                        AN ACT
    1-1  relating to the involvement of the Texas Department of Licensing
    1-2  and Regulation in the regulation of water well pump installers and
    1-3  to the disposition of funds collected pursuant to such regulation.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 33.001, Water Code, is amended to read as
    1-6  follows:
    1-7        Sec. 33.001.  Definitions.  In this chapter:
    1-8              (1)  "Council" means the Texas water well drillers
    1-9  advisory council.
   1-10              (2)  "Commission" means the Texas Natural Resource
   1-11  Conservation Commission.
   1-12              (3)  "Executive director" means the executive director
   1-13  of the Texas Natural Resource Conservation Commission.
   1-14              (4)  <"Licensing department" means the Texas Department
   1-15  of Licensing and Regulation.>
   1-16              <(5)>  "Installer" means a person who installs or
   1-17  repairs well pumps and equipment.  The term does not include a
   1-18  person who installs or repairs well pumps and equipment on the
   1-19  person's own property for the person's own use or a person who
   1-20  assists in the procedure of pump installation under the direct
   1-21  supervision of a licensed installer and is not primarily
   1-22  responsible for the installation.
   1-23              (5) <(6)>  "Licensed installer" means a person who
   1-24  holds a license issued under this chapter.
    2-1              (6) <(7)>  "Person" means an individual, firm,
    2-2  partnership, association, corporation, or any other private legal
    2-3  entity.
    2-4              (7) <(8)>  "Pollution" means a change to the physical,
    2-5  thermal, chemical, or biological quality of water in a way that
    2-6  makes the water harmful to humans, animals, vegetation, or property
    2-7  or that impairs the public enjoyment of water for a reasonable
    2-8  purpose.
    2-9              (8) <(9)>  "Pump installation" means the procedures
   2-10  employed in the placement and preparation for operation of
   2-11  equipment and materials used to obtain water from a well, including
   2-12  construction involved in making the well and establishing seals and
   2-13  safeguards as necessary to protect the water from contamination and
   2-14  including repairs to an existing pump.
   2-15              (9) <(10)>  "Well" means a water well, injection well,
   2-16  dewatering well, or monitoring well as those terms are defined by
   2-17  Section 32.001.  The term does not include an injection water
   2-18  source well regulated under Section 91.101, Natural Resources Code.
   2-19              (10) <(11)>  "Well pumps and equipment" means equipment
   2-20  and materials used to obtain water from a well, including the seals
   2-21  and safeguards necessary to protect the water from contamination.
   2-22        SECTION 2.  Subsections (a) and (h), Section 33.002, Water
   2-23  Code, are amended to read as follows:
   2-24        (a)  A person may not act as or offer to perform the services
   2-25  of an installer unless the person holds a license issued by the
   2-26  commission under rules adopted under this chapter <and approved by
   2-27  the licensing department>.
    3-1        (h)  The commission by rule shall set the fees imposed under
    3-2  this chapter in amounts <approved by the licensing department> that
    3-3  are reasonable and necessary to cover the costs of administering
    3-4  this chapter.
    3-5        SECTION 3.  Sections 33.003 and 33.004, Water Code, are
    3-6  amended to read as follows:
    3-7        Sec. 33.003.  Staggered Renewal of Licenses.  The commission
    3-8  by rule <approved by the licensing department> may adopt a system
    3-9  under which licenses expire on various dates during the year.  For
   3-10  the year in which the license expiration date is changed, license
   3-11  renewal fees payable on August 31 shall be prorated.  On renewal of
   3-12  the license on the new expiration date, the total license renewal
   3-13  fee is payable.
   3-14        Sec. 33.004.  Persons Licensed in Other States.  The
   3-15  commission may adopt rules <approved by the licensing department>
   3-16  allowing waiver of a license requirement for an applicant with a
   3-17  valid license from another state that has license requirements
   3-18  substantially equivalent to those of this state.
   3-19        SECTION 4.  Subsection (a), Section 33.005, Water Code, is
   3-20  amended to read as follows:
   3-21        (a)  The commission, with the advice of the council <and
   3-22  subject to the approval of the licensing department>, shall prepare
   3-23  licensing examinations, pass on the qualifications of license
   3-24  applicants, and issue licenses to those who qualify.
   3-25        SECTION 5.  Subsection (a), Section 33.007, Water Code, is
   3-26  amended to read as follows:
   3-27        (a)  The commission shall adopt rules<, approved by the
    4-1  licensing department,> as necessary to enforce this chapter.
    4-2        SECTION 6.  DISPOSITION OF REVENUES.  All money collected by
    4-3  the Texas Natural Resource Conservation Commission under Chapter
    4-4  33, Water Code, shall be deposited to the credit of the water well
    4-5  drillers fund and may be used only to administer that chapter.  The
    4-6  commission shall allocate not more than 20 percent of the water
    4-7  well drillers fund to cover administrative costs of the commission.
    4-8        SECTION 7.  This Act takes effect September 1, 1995.
    4-9        SECTION 8.  The importance of this legislation and the
   4-10  crowded condition of the calendars in both houses create an
   4-11  emergency and an imperative public necessity that the
   4-12  constitutional rule requiring bills to be read on three several
   4-13  days in each house be suspended, and this rule is hereby suspended.