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