1-1  By:  Barrientos                                        S.B. No. 647
    1-2        (In the Senate - Filed February 20, 1995; February 20, 1995,
    1-3  read first time and referred to Committee on Natural Resources;
    1-4  March 21, 1995, reported favorably by the following vote:  Yeas 10,
    1-5  Nays 0; March 21, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the involvement of the Texas Department of Licensing
    1-9  and Regulation in the regulation of water well pump installers.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 33.001, Water Code, is amended to read as
   1-12  follows:
   1-13        Sec. 33.001.  Definitions.  In this chapter:
   1-14              (1)  "Council" means the Texas water well drillers
   1-15  advisory council.
   1-16              (2)  "Commission" means the Texas Natural Resource
   1-17  Conservation Commission.
   1-18              (3)  "Executive director" means the executive director
   1-19  of the Texas Natural Resource Conservation Commission.
   1-20              (4)  <"Licensing department" means the Texas Department
   1-21  of Licensing and Regulation.>
   1-22              <(5)>  "Installer" means a person who installs or
   1-23  repairs well pumps and equipment.  The term does not include a
   1-24  person who installs or repairs well pumps and equipment on the
   1-25  person's own property for the person's own use or a person who
   1-26  assists in the procedure of pump installation under the direct
   1-27  supervision of a licensed installer and is not primarily
   1-28  responsible for the installation.
   1-29              (5) <(6)>  "Licensed installer" means a person who
   1-30  holds a license issued under this chapter.
   1-31              (6) <(7)>  "Person" means an individual, firm,
   1-32  partnership, association, corporation, or any other private legal
   1-33  entity.
   1-34              (7) <(8)>  "Pollution" means a change to the physical,
   1-35  thermal, chemical, or biological quality of water in a way that
   1-36  makes the water harmful to humans, animals, vegetation, or property
   1-37  or that impairs the public enjoyment of water for a reasonable
   1-38  purpose.
   1-39              (8) <(9)>  "Pump installation" means the procedures
   1-40  employed in the placement and preparation for operation of
   1-41  equipment and materials used to obtain water from a well, including
   1-42  construction involved in making the well and establishing seals and
   1-43  safeguards as necessary to protect the water from contamination and
   1-44  including repairs to an existing pump.
   1-45              (9) <(10)>  "Well" means a water well, injection well,
   1-46  dewatering well, or monitoring well as those terms are defined by
   1-47  Section 32.001.  The term does not include an injection water
   1-48  source well regulated under Section 91.101, Natural Resources Code.
   1-49              (10) <(11)>  "Well pumps and equipment" means equipment
   1-50  and materials used to obtain water from a well, including the seals
   1-51  and safeguards necessary to protect the water from contamination.
   1-52        SECTION 2.  Subsections (a) and (h), Section 33.002, Water
   1-53  Code, are amended to read as follows:
   1-54        (a)  A person may not act as or offer to perform the services
   1-55  of an installer unless the person holds a license issued by the
   1-56  commission under rules adopted under this chapter <and approved by
   1-57  the licensing department>.
   1-58        (h)  The commission by rule shall set the fees imposed under
   1-59  this chapter in amounts <approved by the licensing department> that
   1-60  are reasonable and necessary to cover the costs of administering
   1-61  this chapter.
   1-62        SECTION 3.  Sections 33.003 and 33.004, Water Code, are
   1-63  amended to read as follows:
   1-64        Sec. 33.003.  Staggered Renewal of Licenses.  The commission
   1-65  by rule <approved by the licensing department> may adopt a system
   1-66  under which licenses expire on various dates during the year.  For
   1-67  the year in which the license expiration date is changed, license
   1-68  renewal fees payable on August 31 shall be prorated.  On renewal of
    2-1  the license on the new expiration date, the total license renewal
    2-2  fee is payable.
    2-3        Sec. 33.004.  Persons Licensed in Other States.  The
    2-4  commission may adopt rules <approved by the licensing department>
    2-5  allowing waiver of a license requirement for an applicant with a
    2-6  valid license from another state that has license requirements
    2-7  substantially equivalent to those of this state.
    2-8        SECTION 4.  Subsection (a), Section 33.005, Water Code, is
    2-9  amended to read as follows:
   2-10        (a)  The commission, with the advice of the council <and
   2-11  subject to the approval of the licensing department>, shall prepare
   2-12  licensing examinations, pass on the qualifications of license
   2-13  applicants, and issue licenses to those who qualify.
   2-14        SECTION 5.  Subsection (a), Section 33.007, Water Code, is
   2-15  amended to read as follows:
   2-16        (a)  The commission shall adopt rules<, approved by the
   2-17  licensing department,> as necessary to enforce this chapter.
   2-18        SECTION 6.  This Act takes effect September 1, 1995.
   2-19        SECTION 7.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended.
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