By Barrientos S.B. No. 647
74R5831 SMH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the involvement of the Texas Department of Licensing
1-3 and Regulation in the regulation of water well pump installers.
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. Sections 33.002(a) and (h), Water Code, are
2-23 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. Section 33.005(a), Water Code, is amended to read
3-20 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. Section 33.007(a), Water Code, is amended to read
3-26 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. This Act takes effect September 1, 1995.
4-3 SECTION 7. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.