By:  Barrientos                                        S.B. No. 675
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  providing for the exemption from regulation by the Texas Department
    1-2  of Licensing and Regulation of water well drillers.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subdivisions (10) through (17), Section 32.001,
    1-5  Water Code, are amended to read as follows:
    1-6              (10)  <"Licensing department" means the Texas
    1-7  Department of Licensing and Regulation.>
    1-8              <(11)>  "Monitoring well" means an artificial
    1-9  excavation constructed to measure or monitor the quantity or
   1-10  movement of substances below the surface of the ground.  The term
   1-11  does not include any monitoring well used in conjunction with the
   1-12  production of oil, gas, or other minerals.
   1-13              (11) <(12)>  "Monitoring well driller" means a person,
   1-14  including an owner, an operator, a contractor, or a drilling
   1-15  supervisor, who drills, bores, cores, or constructs a monitoring
   1-16  well.
   1-17              (12) <(13)>  "Person" means an individual, firm,
   1-18  partnership, association, corporation, or any other private legal
   1-19  entity.
   1-20              (13) <(14)>  "Pollution" means a change to the
   1-21  physical, thermal, chemical, or biological quality of water in a
   1-22  way that makes the water harmful to humans, animals, vegetation, or
   1-23  property or that impairs the public enjoyment of the water for a
   1-24  reasonable purpose.
    2-1              (14) <(15)>  "Water well" means any artificial
    2-2  excavation constructed for the purpose of exploring for or
    2-3  producing groundwater.  The term does not include:
    2-4                    (A)  a test or blast hole in quarries or mines or
    2-5  a well or excavation constructed to explore for or produce oil,
    2-6  gas, or other minerals unless the holes are also used to produce
    2-7  groundwater; or
    2-8                    (B)  an injection water source well regulated
    2-9  under Section 91.101, Natural Resources Code.
   2-10              (15) <(16)>  "Water well driller" means a person,
   2-11  including an owner, an operator, a contractor, or a drilling
   2-12  supervisor, who drills, bores, cores, or constructs a water well in
   2-13  this state.  The term does not include a person who drills, bores,
   2-14  cores, or constructs a water well on his own property for his own
   2-15  use or a person who assists in the construction of a water well
   2-16  under the direct supervision of a licensed driller and is not
   2-17  primarily responsible for the drilling operations.
   2-18              (16) <(17)>  "Well" means a water well, injection well,
   2-19  dewatering well, or monitoring well.
   2-20        SECTION 2.  Subsections (a) and (i), Section 32.002, Water
   2-21  Code, are amended to read as follows:
   2-22        (a)  A person may not act as or offer to perform services as
   2-23  a driller unless the person holds a license issued by the
   2-24  commission under this chapter and under rules adopted under this
   2-25  chapter <and approved by the licensing department>.
   2-26        (i)  The commission by rule shall set the fees imposed by
   2-27  this chapter in amounts <approved by the licensing department> that
    3-1  are reasonable and necessary to cover the costs of administering
    3-2  this chapter.
    3-3        SECTION 3.  Sections 32.003 and 32.004, Water Code, are
    3-4  amended to read as follows:
    3-5        Sec. 32.003.  Staggered Renewal of Licenses.  The commission
    3-6  by rule <approved by the licensing department> may adopt a system
    3-7  under which licenses expire on various dates during the year.  For
    3-8  the year in which the license expiration date is changed, license
    3-9  renewal fees payable on August 31 shall be prorated.  On renewal of
   3-10  the license on the new expiration date, the total license renewal
   3-11  fee is payable.
   3-12        Sec. 32.004.  Persons Licensed in Other States.  The
   3-13  commission may adopt rules <approved by the licensing department>
   3-14  allowing waiver of a license requirement for an applicant with a
   3-15  valid license from another state having license requirements
   3-16  substantially equivalent to those of this state.
   3-17        SECTION 4.  Subsection (a), Section 32.007, Water Code, is
   3-18  amended to read as follows:
   3-19        (a)  The commission, with the advice of the council <and
   3-20  subject to the approval of the licensing department>, shall prepare
   3-21  licensing examinations, pass on the qualifications of license
   3-22  applicants, and issue licenses to those who qualify.
   3-23        SECTION 5.  Subsection (a), Section 32.009, Water Code, is
   3-24  amended to read as follows:
   3-25        (a)  The commission shall adopt rules as necessary to enforce
   3-26  this chapter, including rules governing applications for a license,
   3-27  qualifications of applicants, standards of conduct for licensed
    4-1  drillers including marking of well drilling rigs and equipment, and
    4-2  rules governing procedure and practice before the commission.
    4-3  <Rules adopted under this section are subject to the approval of
    4-4  the licensing department.>
    4-5        SECTION 6.  This Act takes effect September 1, 1995.
    4-6        SECTION 7.  The importance of this legislation and the
    4-7  crowded condition of the calendars in both houses create an
    4-8  emergency and an imperative public necessity that the
    4-9  constitutional rule requiring bills to be read on three several
   4-10  days in each house be suspended, and this rule is hereby suspended.