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.
2-24 * * * * *