JBM S.B. 1955 75(R)    BILL ANALYSIS


NATURAL RESOURCES
S.B. 1955
By: Madla (Walker)
5-21-97
Committee Report (Unamended)



BACKGROUND 

Currently, the occupational certification and licensing programs under
Chapters 32 and 33 of the Water Code are administered by the Texas Natural
Resources Conservation Commission (TNRCC).  This bill transfers the
duties, powers, and rulemaking authority currently held by the TNRCC in
these chapters to the Texas Department of Licensing and Regulation.  This
bill also sets forth duties for the Texas water well drillers advisory
council and provisions regarding the water well drillers fund account.    

PURPOSE

To transfer certain occupational certification and licensing programs
administered by the TNRCC to the Texas Department of Licensing and
Regulation. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill transfers existing rulemaking
authority from the Texas Natural Resource Conservation Commission to the
Texas Department of Licensing and Regulation in SECTIONS 2, 3, 6, 9, 13,
and 14 of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 32.001(1), (2), and (7), Water Code, to delete
the definition of "commission," define "department,"  and redefine
"executive director." 

SECTION 2. Amends Sections 32.002(a)-(f), (h), and (i), Water Code, to
prohibit a person from acting as or offering to perform services as a
driller unless the person holds a license issued by the Texas Department
of Licensing and Regulation (department), rather than the TNRCC, under
this chapter and under rules adopted under this chapter.  Makes conforming
and nonsubstantive changes. 

SECTION 3. Amends Sections 32.003-32.005, Water Code, to make conforming
changes, which change "commission" to "department".  Changes Section
32.005(a), Water Code,  to require a well log to be sent to both the TNRCC
and the department. 

SECTION 4. Amends Section 32.006, Water Code, by amending Subsections (a)
and (e) and adding Subsections (m) and (n) to require the Texas water well
drillers advisory council (council) to perform certain functions regarding
the department.  Authorizes the advisory council to perform certain
functions regarding continuing education programs.  Makes conforming
changes, which change "commission" to "department". 

SECTION 5. Amends Sections 32.007(a)-(f), Water Code, to make conforming
changes, which change "commission" to "department". 

SECTION 6. Amends Sections 32.008 and 32.009, Water Code, to provide that
participation in continuing education programs is voluntary unless the
council determines that the department should require participation.
Requires the department, with advice and comment from the TNRCC, to adopt
certain rules.  Makes conforming changes, which change "commission" to
"department".   

SECTION 7. Amends Sections 32.010(a), (c), and (d), Water Code, to make
conforming changes, which change the word "commission" to "department". 

SECTION 8. Amends Sections 32.011(a), (b), (d)-(g), (i) and (j), Water
Code, to make conforming changes, which change the word "commission" to
"department". 

SECTION 9. Amends Sections 32.012-32.016, Water Code, as follows:

Sec. 32.012.  New heading:  APPEAL OF DEPARTMENT ACTION. Makes conforming
changes, which change the word "commission" to "department". 

Sec.  32.013.  COMPLAINTS.  Makes conforming and nonsubstantive changes,
including changing the word "commission" to "department". 

Sec.  32.014.  DISPOSITION OF REVENUES.   Requires all money collected by
the department  to be deposited to the credit of the water well drillers
fund account (account) in the general revenue fund.  Requires the
department to allocate not more than 20 percent of the money in the
account to cover administrative costs of the department.  Makes conforming
changes, which change the word "commission" to "department". 

Sec.  32.015.  CIVIL PENALTY. Makes conforming changes, which change the
word "commission" to "department". 

Sec.  32.016.  MARKING RIGS WITH IDENTIFICATION NUMBER.  Makes a
conforming change, which changes the word "commission" to "department".  

SECTION 10. Amends Sections 32.017(a)-(c) and (e), Water Code, to make
conforming changes, which change the word "commission" to "department".  

SECTION 11. Amends Section 32.019, Water Code, to make conforming changes,
which change the word "commission" to "department".  

SECTION 12. Amends Sections 33.001(2) and (3), Water Code, to define
"department," rather than "commission," and to redefine "executive
director."  

SECTION 13. Amends Sections 33.002(a)-(e) , (g), and (h), Water Code, to
make conforming and nonsubstantive changes, which change references to the
commission to the department. 

SECTION 14. Amends Sections 33.003-33.008, Water Code as follows:

Sec.  33.003.  STAGGERED RENEWAL OF LICENSES.  Makes a conforming change. 

Sec.  33.004.  PERSONS LICENSED IN OTHER STATES.  Makes a conforming
change.  

Sec.  33.005.  EXAMINATIONS.  Makes conforming changes.

Sec.  33.006.  CONTINUING EDUCATION. Provides that participation in
continuing education programs to be voluntary unless the council
determines that the department should require participation Makes
conforming changes, which change references to the commission to the
department. 

Sec.  33.007. RULES.  Makes conforming changes, which change references to
the commission to the department. 

Sec.  33.008.  REVOCATION OF LICENSES.  Makes conforming changes, which
change references to the commission to the department. 

 SECTION 15. Amends Sections 33.009(a), (b), (d)-(g), (i) and (j), Water
Code, to make conforming changes, which change references to the
commission to the department. 

SECTION 16. Amends Sections 33.010-33.013, Water Code, as follows:

Sec.  33.010.  New heading:  APPEAL OF DEPARTMENT ACTION.  Makes
conforming changes, which change references to the commission to the
department. 

Sec.  33.011.  COMPLAINTS.  Authorizes the council to hear consumer
complaints and make recommendations to the department as to their
disposition.  Makes conforming and nonsubstantive changes, which change
references to the commission to the department. 

Sec.  33.012.  DISPOSITION OF REVENUES.  Makes conforming changes, which
change references to the commission to the department.  Also, requires all
money collected by the department to be deposited to the credit of the
water well drillers fund account in the general revenue fund and may ne
used only to administer this chapter.  This sections also requires the
department to allocate not more than 20 percent of the money in the
account to cover administrative costs of the department. 

Sec.  33.013.  CIVIL PENALTY.  Makes conforming changes, which change
references to the commission to the department. 

SECTION 17. Amends Sections 33.014(a) and (b), Water Code, to make
conforming changes, which change references to the commission to the
department. 

SECTION 18. Amends Section 33.015, Water Code, to make conforming changes,
which change references to the commission to the department.   

SECTION 19. (a)  Effective date: September 1, 1997.

(b)  Transfers all powers and duties of the commission under Chapters 32
and 33, Water Code, to the Texas Department of Licensing and Regulation.   

(c)  Sets forth provisions regarding the water well drillers fund account.

(d)  Provides that an appropriation to the TNRCC for the state fiscal
biennium beginning September 1, 1997, for the performance or a power of
duty under Chapter 32 or 33, Water Code, transferred under this Act to the
Texas Department of Licensing and Regulation, is transferred to the
department on this date. 

SECTION 20. Emergency clause.