1-1 By: Barrientos S.B. No. 675
1-2 (In the Senate - Filed February 21, 1995; February 21, 1995,
1-3 read first time and referred to Committee on Natural Resources;
1-4 March 21, 1995, reported favorably by the following vote: Yeas 10,
1-5 Nays 0; March 21, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the involvement of the Texas Department of Licensing
1-9 and Regulation in the regulation of water well drillers.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subdivisions (10) through (17), Section 32.001,
1-12 Water Code, are amended to read as follows:
1-13 (10) <"Licensing department" means the Texas
1-14 Department of Licensing and Regulation.>
1-15 <(11)> "Monitoring well" means an artificial
1-16 excavation constructed to measure or monitor the quantity or
1-17 movement of substances below the surface of the ground. The term
1-18 does not include any monitoring well used in conjunction with the
1-19 production of oil, gas, or other minerals.
1-20 (11) <(12)> "Monitoring well driller" means a person,
1-21 including an owner, an operator, a contractor, or a drilling
1-22 supervisor, who drills, bores, cores, or constructs a monitoring
1-23 well.
1-24 (12) <(13)> "Person" means an individual, firm,
1-25 partnership, association, corporation, or any other private legal
1-26 entity.
1-27 (13) <(14)> "Pollution" means a change to the
1-28 physical, thermal, chemical, or biological quality of water in a
1-29 way that makes the water harmful to humans, animals, vegetation, or
1-30 property or that impairs the public enjoyment of the water for a
1-31 reasonable purpose.
1-32 (14) <(15)> "Water well" means any artificial
1-33 excavation constructed for the purpose of exploring for or
1-34 producing groundwater. The term does not include:
1-35 (A) a test or blast hole in quarries or mines or
1-36 a well or excavation constructed to explore for or produce oil,
1-37 gas, or other minerals unless the holes are also used to produce
1-38 groundwater; or
1-39 (B) an injection water source well regulated
1-40 under Section 91.101, Natural Resources Code.
1-41 (15) <(16)> "Water well driller" means a person,
1-42 including an owner, an operator, a contractor, or a drilling
1-43 supervisor, who drills, bores, cores, or constructs a water well in
1-44 this state. The term does not include a person who drills, bores,
1-45 cores, or constructs a water well on his own property for his own
1-46 use or a person who assists in the construction of a water well
1-47 under the direct supervision of a licensed driller and is not
1-48 primarily responsible for the drilling operations.
1-49 (16) <(17)> "Well" means a water well, injection well,
1-50 dewatering well, or monitoring well.
1-51 SECTION 2. Subsections (a) and (i), Section 32.002, Water
1-52 Code, are amended to read as follows:
1-53 (a) A person may not act as or offer to perform services as
1-54 a driller unless the person holds a license issued by the
1-55 commission under this chapter and under rules adopted under this
1-56 chapter <and approved by the licensing department>.
1-57 (i) The commission by rule shall set the fees imposed by
1-58 this chapter in amounts <approved by the licensing department> that
1-59 are reasonable and necessary to cover the costs of administering
1-60 this chapter.
1-61 SECTION 3. Sections 32.003 and 32.004, Water Code, are
1-62 amended to read as follows:
1-63 Sec. 32.003. Staggered Renewal of Licenses. The commission
1-64 by rule <approved by the licensing department> may adopt a system
1-65 under which licenses expire on various dates during the year. For
1-66 the year in which the license expiration date is changed, license
1-67 renewal fees payable on August 31 shall be prorated. On renewal of
1-68 the license on the new expiration date, the total license renewal
2-1 fee is payable.
2-2 Sec. 32.004. Persons Licensed in Other States. The
2-3 commission may adopt rules <approved by the licensing department>
2-4 allowing waiver of a license requirement for an applicant with a
2-5 valid license from another state having license requirements
2-6 substantially equivalent to those of this state.
2-7 SECTION 4. Subsection (a), Section 32.007, Water Code, is
2-8 amended to read as follows:
2-9 (a) The commission, with the advice of the council <and
2-10 subject to the approval of the licensing department>, shall prepare
2-11 licensing examinations, pass on the qualifications of license
2-12 applicants, and issue licenses to those who qualify.
2-13 SECTION 5. Subsection (a), Section 32.009, Water Code, is
2-14 amended to read as follows:
2-15 (a) The commission shall adopt rules as necessary to enforce
2-16 this chapter, including rules governing applications for a license,
2-17 qualifications of applicants, standards of conduct for licensed
2-18 drillers including marking of well drilling rigs and equipment, and
2-19 rules governing procedure and practice before the commission.
2-20 <Rules adopted under this section are subject to the approval of
2-21 the licensing department.>
2-22 SECTION 6. This Act takes effect September 1, 1995.
2-23 SECTION 7. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.
2-28 * * * * *