S.B. No. 675
AN ACT
1-1 relating to regulation of water well drillers.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subdivisions (3) through (10), Section 32.001,
1-4 Water Code, are amended to read as follows:
1-5 (3) "Deteriorated well" means a well that, because of
1-6 its condition, will cause, or is likely to cause, pollution of any
1-7 water in this state, including groundwater.
1-8 (4) "Dewatering well" means an artificial excavation
1-9 constructed to produce groundwater to lower the water table or
1-10 potentiometric surface. The term does not include a dewatering
1-11 well that is used to produce or to facilitate the production of
1-12 minerals under a state regulatory program.
1-13 (5) <(4)> "Dewatering 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 dewatering
1-16 well. The term does not include a person who drills, bores, cores,
1-17 or constructs a dewatering well under the direct supervision of a
1-18 licensed dewatering well driller and who is not primarily
1-19 responsible for the drilling operation.
1-20 (6) <(5)> "Driller" means a water well driller,
1-21 injection well driller, dewatering well driller, or monitoring well
1-22 driller.
1-23 (7) <(6)> "Executive director" means the executive
1-24 director of the Texas Natural Resource Conservation Commission.
2-1 (8) <(7)> "Injection well" includes:
2-2 (A) an air-conditioning return flow well used to
2-3 return water that has been used for heating or cooling in a heat
2-4 pump to the aquifer that supplied the water;
2-5 (B) a cooling water return flow well used to
2-6 inject water that has been used for cooling;
2-7 (C) a drainage well used to drain surface fluid
2-8 into a subsurface formation;
2-9 (D) a recharge well used to replenish water in
2-10 an aquifer;
2-11 (E) a saltwater intrusion barrier well used to
2-12 inject water into a freshwater aquifer to prevent the intrusion of
2-13 salt water into fresh water;
2-14 (F) a sand backfill well used to inject a
2-15 mixture of water and sand, mill tailings, or other solids into
2-16 subsurface mines;
2-17 (G) a subsidence control well used to inject
2-18 fluids into a non-oil-producing or non-gas-producing zone to reduce
2-19 or eliminate subsidence associated with the overdraft of fresh
2-20 water; and
2-21 (H) a closed system geothermal well used to
2-22 circulate water, other fluids, or gases through the earth as a heat
2-23 source or heat sink.
2-24 (9) <(8)> "Injection well driller" means a person,
2-25 including an owner, an operator, a contractor, or a drilling
2-26 supervisor, who drills, bores, cores, or constructs an injection
2-27 well. The term does not include a person who drills, bores, cores,
3-1 or constructs an injection well under the direct supervision of a
3-2 licensed injection well driller and who is not primarily
3-3 responsible for the drilling operation.
3-4 (10) <(9)> "Licensed driller" means a person who holds
3-5 a license issued by the state under this chapter.
3-6 <(10) "Licensing department" means the Texas
3-7 Department of Licensing and Regulation.>
3-8 SECTION 2. Subsections (a) and (i), Section 32.002, Water
3-9 Code, are amended to read as follows:
3-10 (a) A person may not act as or offer to perform services as
3-11 a driller unless the person holds a license issued by the
3-12 commission under this chapter and under rules adopted under this
3-13 chapter <and approved by the licensing department>.
3-14 (i) The commission by rule shall set the fees imposed by
3-15 this chapter in amounts <approved by the licensing department> that
3-16 are reasonable and necessary to cover the costs of administering
3-17 this chapter.
3-18 SECTION 3. Sections 32.003 and 32.004, Water Code, are
3-19 amended to read as follows:
3-20 Sec. 32.003. Staggered Renewal of Licenses. The commission
3-21 by rule <approved by the licensing department> may adopt a system
3-22 under which licenses expire on various dates during the year. For
3-23 the year in which the license expiration date is changed, license
3-24 renewal fees payable on August 31 shall be prorated. On renewal of
3-25 the license on the new expiration date, the total license renewal
3-26 fee is payable.
3-27 Sec. 32.004. Persons Licensed in Other States. The
4-1 commission may adopt rules <approved by the licensing department>
4-2 allowing waiver of a license requirement for an applicant with a
4-3 valid license from another state having license requirements
4-4 substantially equivalent to those of this state.
4-5 SECTION 4. Subsection (i), Section 32.006, Water Code, is
4-6 amended to read as follows:
4-7 (i) A member of the council is entitled to a per diem as set
4-8 by legislative appropriation for each day that the member engages
4-9 in the business of the council. A member may <not> receive <any>
4-10 compensation for travel expenses, including expenses for meals and
4-11 lodging<, other than transportation expenses>. A member is
4-12 entitled to compensation for transportation expenses as prescribed
4-13 by the General Appropriations Act.
4-14 SECTION 5. Subsection (a), Section 32.007, Water Code, is
4-15 amended to read as follows:
4-16 (a) The commission, with the advice of the council <and
4-17 subject to the approval of the licensing department>, shall prepare
4-18 licensing examinations, pass on the qualifications of license
4-19 applicants, and issue licenses to those who qualify.
4-20 SECTION 6. Subsection (a), Section 32.009, Water Code, is
4-21 amended to read as follows:
4-22 (a) The commission shall adopt rules as necessary to enforce
4-23 this chapter, including rules governing applications for a license,
4-24 qualifications of applicants, standards of conduct for licensed
4-25 drillers including marking of well drilling rigs and equipment, and
4-26 rules governing procedure and practice before the commission.
4-27 <Rules adopted under this section are subject to the approval of
5-1 the licensing department.>
5-2 SECTION 7. Subsection (b), Section 32.014, Water Code, is
5-3 amended to read as follows:
5-4 (b) All money collected by the commission under this chapter
5-5 shall be deposited to the credit of the water well drillers fund
5-6 and may be used only to administer this chapter. The commission
5-7 shall allocate not more than 20 percent of the water well drillers
5-8 fund to cover administrative costs of the commission.
5-9 SECTION 8. Subsection (e), Section 32.017, Water Code, is
5-10 amended to read as follows:
5-11 (e) A licensed driller, licensed pump installer, or well
5-12 owner <person> who plugs an abandoned or deteriorated well shall
5-13 submit a plugging report to the executive director not later than
5-14 the 30th day after the date the well is plugged. The commission
5-15 shall furnish plugging report forms on request.
5-16 SECTION 9. This Act takes effect September 1, 1995.
5-17 SECTION 10. The importance of this legislation and the
5-18 crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended.