By Barrientos S.B. No. 675
74R5833 SMH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the involvement of the Texas Department of Licensing
1-3 and Regulation in the regulation of water well drillers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 32.001(10)-(17), Water Code, are amended
1-6 to read as follows:
1-7 (10) <"Licensing department" means the Texas
1-8 Department of Licensing and Regulation.>
1-9 <(11)> "Monitoring well" means an artificial
1-10 excavation constructed to measure or monitor the quantity or
1-11 movement of substances below the surface of the ground. The term
1-12 does not include any monitoring well used in conjunction with the
1-13 production of oil, gas, or other minerals.
1-14 (11) <(12)> "Monitoring well driller" means a person,
1-15 including an owner, an operator, a contractor, or a drilling
1-16 supervisor, who drills, bores, cores, or constructs a monitoring
1-17 well.
1-18 (12) <(13)> "Person" means an individual, firm,
1-19 partnership, association, corporation, or any other private legal
1-20 entity.
1-21 (13) <(14)> "Pollution" means a change to the
1-22 physical, thermal, chemical, or biological quality of water in a
1-23 way that makes the water harmful to humans, animals, vegetation, or
1-24 property or that impairs the public enjoyment of the water for a
2-1 reasonable purpose.
2-2 (14) <(15)> "Water well" means any artificial
2-3 excavation constructed for the purpose of exploring for or
2-4 producing groundwater. The term does not include:
2-5 (A) a test or blast hole in quarries or mines or
2-6 a well or excavation constructed to explore for or produce oil,
2-7 gas, or other minerals unless the holes are also used to produce
2-8 groundwater; or
2-9 (B) an injection water source well regulated
2-10 under Section 91.101, Natural Resources Code.
2-11 (15) <(16)> "Water well driller" means a person,
2-12 including an owner, an operator, a contractor, or a drilling
2-13 supervisor, who drills, bores, cores, or constructs a water well in
2-14 this state. The term does not include a person who drills, bores,
2-15 cores, or constructs a water well on his own property for his own
2-16 use or a person who assists in the construction of a water well
2-17 under the direct supervision of a licensed driller and is not
2-18 primarily responsible for the drilling operations.
2-19 (16) <(17)> "Well" means a water well, injection well,
2-20 dewatering well, or monitoring well.
2-21 SECTION 2. Sections 32.002(a) and (i), Water Code, are
2-22 amended to read as follows:
2-23 (a) A person may not act as or offer to perform services as
2-24 a driller unless the person holds a license issued by the
2-25 commission under this chapter and under rules adopted under this
2-26 chapter <and approved by the licensing department>.
2-27 (i) The commission by rule shall set the fees imposed by
3-1 this chapter in amounts <approved by the licensing department> that
3-2 are reasonable and necessary to cover the costs of administering
3-3 this chapter.
3-4 SECTION 3. Sections 32.003 and 32.004, Water Code, are
3-5 amended to read as follows:
3-6 Sec. 32.003. Staggered Renewal of Licenses. The commission
3-7 by rule <approved by the licensing department> may adopt a system
3-8 under which licenses expire on various dates during the year. For
3-9 the year in which the license expiration date is changed, license
3-10 renewal fees payable on August 31 shall be prorated. On renewal of
3-11 the license on the new expiration date, the total license renewal
3-12 fee is payable.
3-13 Sec. 32.004. Persons Licensed in Other States. The
3-14 commission may adopt rules <approved by the licensing department>
3-15 allowing waiver of a license requirement for an applicant with a
3-16 valid license from another state having license requirements
3-17 substantially equivalent to those of this state.
3-18 SECTION 4. Section 32.007(a), Water Code, is amended to read
3-19 as follows:
3-20 (a) The commission, with the advice of the council <and
3-21 subject to the approval of the licensing department>, shall prepare
3-22 licensing examinations, pass on the qualifications of license
3-23 applicants, and issue licenses to those who qualify.
3-24 SECTION 5. Section 32.009(a), Water Code, is amended to read
3-25 as follows:
3-26 (a) The commission shall adopt rules as necessary to enforce
3-27 this chapter, including rules governing applications for a license,
4-1 qualifications of applicants, standards of conduct for licensed
4-2 drillers including marking of well drilling rigs and equipment, and
4-3 rules governing procedure and practice before the commission.
4-4 <Rules adopted under this section are subject to the approval of
4-5 the licensing department.>
4-6 SECTION 6. This Act takes effect September 1, 1995.
4-7 SECTION 7. The importance of this legislation and the
4-8 crowded condition of the calendars in both houses create an
4-9 emergency and an imperative public necessity that the
4-10 constitutional rule requiring bills to be read on three several
4-11 days in each house be suspended, and this rule is hereby suspended.