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.