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