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.
4-11 COMMITTEE AMENDMENT NO. 1
4-12 S.B. 675, Section 1, is amended by adding the following
4-13 definition between lines 1 and 11 and renumbering as appropriate.
4-14 "Deteriorated well" means a well that, because of its
4-15 condition, will cause, or is likely to cause, pollution of any
4-16 water in this state, including groundwater.
4-17 Walker
4-18 COMMITTEE AMENDMENT NO. 2
4-19 S.B. 675, Section 4, is amended by adding Section 32.006(i)
4-20 of the Water Code to read as follows:
4-21 A member of the council is entitled to a per diem as set by
4-22 legislative appropriation for each day that the member engages in
4-23 the business of the council. A member may receive compensation for
4-24 travel expenses, including expenses for meals and lodging. A
4-25 member is entitled to compensate for transportation expenses as
4-26 prescribed by the General Appropriations Act.
4-27 Renumber existing Section 4 through 7 to Sections 5 through
5-1 8, respectively.
5-2 Walker
5-3 COMMITTEE AMENDMENT NO. 3
5-4 S.B. 675, Section 6, is amended by adding Section 32.014 of
5-5 the Water Code to read as follows:
5-6 DISPOSITION OF REVENUES. All money collected by the
5-7 commission under this chapter shall be deposited to the credit of
5-8 the water well drillers fund and may be used only to administer
5-9 this chapter. The commission shall allocate not more than 20
5-10 percent of the water well drillers fund to cover administrative
5-11 costs of the commission.
5-12 Renumber Sections 6 through 7 to Sections 7 through 8.
5-13 Walker
5-14 COMMITTEE AMENDMENT NO. 4
5-15 S.B. 675, Section 7, is amended by adding Section 32.017(e)
5-16 of the Water Code to read as follows:
5-17 (e) A licensed driller, licensed pump installer, or well
5-18 owner who plugs an abandoned or deteriorated well shall submit a
5-19 plugging report to the executive director not later than the 30th
5-20 day after the date the well is plugged. The commission shall
5-21 furnish plugging report forms on request.
5-22 Renumber Sections 7 through 8 to Sections 8 through 9.
5-23 Walker