By:  Madla                                            S.B. No. 1955

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the transfer of certain occupational certification and

 1-2     licensing programs administered by the Texas Natural Resource

 1-3     Conservation Commission.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subdivisions (1), (2), and (7), Section 32.001,

 1-6     Water Code, are amended to read as follows:

 1-7                 (1)  ["Commission" means the Texas Natural Resource

 1-8     Conservation Commission.]

 1-9                 [(2)]  "Council" means the Texas water well drillers

1-10     advisory council.

1-11                 (2)  "Department" means the Texas Department of

1-12     Licensing and Regulation.

1-13                 (7)  "Executive director" means the executive director

1-14     of the department [Texas Natural Resource Conservation Commission].

1-15           SECTION 2.  Subsections (a) through (f), (h), and (i),

1-16     Section 32.002, Water Code, are amended to read as follows:

1-17           (a)  A person may not act as or offer to perform services as

1-18     a driller unless the person holds a license issued by the

1-19     department [commission] under this chapter and under rules adopted

1-20     under this chapter.

1-21           (b)  An application for a license must contain [the

1-22     applicant's]:

1-23                 (1)  the applicant's name;

 2-1                 (2)  the applicant's business address;

 2-2                 (3)  the applicant's permanent mailing address; and

 2-3                 (4)  any other relevant information required by the

 2-4     department [commission].

 2-5           (c)  At the time of application, each applicant shall pay to

 2-6     the department [commission] a nonrefundable examination fee.

 2-7           (d)  A person qualifying for a license shall pay to the

 2-8     department [commission] the license fee set by the department

 2-9     [commission].

2-10           (e)  Except as provided by Section 32.003 [of this code], a

2-11     license issued under this chapter expires August 31 of each year.

2-12     On or before that day, each licensee shall pay an annual fee to the

2-13     department [commission] to renew the license.  The department

2-14     [commission] shall notify each licensee in writing of the

2-15     licensee's impending license expiration not later than August 1 of

2-16     each year.  If a person's license has been expired for 90 days or

2-17     less, the person may renew the license by paying to the department

2-18     [commission] the required renewal fee and a late fee equal to

2-19     one-half of the examination fee for the license.  If a person's

2-20     license has been expired for more than 90 days but less than two

2-21     years, the person may renew the license by paying to the department

2-22     [commission] all unpaid renewal fees and a late fee that is equal

2-23     to the examination fee for the license.  If a person's license has

2-24     been expired for two years or more, the person may not renew the

2-25     license.  The person may obtain a new license by submitting to

 3-1     reexamination and complying with the requirements and procedures

 3-2     for obtaining an original license.

 3-3           (f)  The department [commission] shall maintain a current

 3-4     register of licensees.

 3-5           (h)  The department [commission] shall issue a duplicate

 3-6     license to replace a lost or destroyed license on proper

 3-7     application and payment of a fee.

 3-8           (i)  The department [commission] by rule shall set the fees

 3-9     imposed by this chapter in amounts that are reasonable and

3-10     necessary to cover the costs of administering this chapter.

3-11           SECTION 3.  Sections 32.003, 32.004, and 32.005, Water Code,

3-12     are amended to read as follows:

3-13           Sec. 32.003.  STAGGERED RENEWAL OF LICENSES.  The department

3-14     [commission] by rule may adopt a system under which licenses expire

3-15     on various dates during the year.  For the year in which the

3-16     license expiration date is changed, license renewal fees payable on

3-17     August 31 shall be prorated.  On renewal of the license on the new

3-18     expiration date, the total license renewal fee is payable.

3-19           Sec. 32.004.  PERSONS LICENSED IN OTHER STATES.  The

3-20     department [commission] may adopt rules allowing waiver of a

3-21     license requirement for an applicant with a valid license from

3-22     another state having license requirements substantially equivalent

3-23     to those of this state.

3-24           Sec. 32.005.  REPORTING OF WELL LOGS.  (a)  Every licensed

3-25     driller drilling, deepening, or otherwise altering a water well in

 4-1     this state shall make and keep a legible and accurate well log in

 4-2     accordance with department [commission] rule on forms prescribed by

 4-3     the department [commission].  Not later than the 60th day after the

 4-4     completion or cessation of drilling, deepening, or otherwise

 4-5     altering the well, the licensed driller shall deliver or transmit

 4-6     by certified mail a copy of the well log to the department, the

 4-7     Texas Natural Resource Conservation Commission, [commission] and

 4-8     [to] the owner of the well or the person for whom the well was

 4-9     drilled.  [Each copy of a well log, other than a commission copy,

4-10     must include the name, mailing address, and telephone number of the

4-11     commission.]

4-12           (b)  The well log shall be recorded at the time of drilling

4-13     and must show the depth, thickness, and character of the strata

4-14     penetrated, the location of water-bearing strata, the depth, size,

4-15     and character of casing installed, and any other information

4-16     required by department [commission] rule.

4-17           (c)  The department [commission] shall hold the contents of

4-18     the well log confidential and not a matter of public record if it

4-19     receives, by certified mail, a written request to do so from the

4-20     owner or the person for whom the well was drilled.

4-21           SECTION 4.  Section 32.006, Water Code, is amended by

4-22     amending Subsections (a) and (e) and adding Subsections (m) and (n)

4-23     to read as follows:

4-24           (a)  The Texas water well drillers advisory council is

4-25     composed of nine members appointed by the department [commission].

 5-1     Appointments to the council shall be made without regard to the

 5-2     race, creed, sex, religion, or national origin of the appointees.

 5-3           (e)  A council member or an employee of the department

 5-4     [commission] connected with the administration of this chapter may

 5-5     not be an officer, employee, or paid consultant of a trade

 5-6     association in the well drilling industry and may not be related

 5-7     within the second degree by affinity or consanguinity to a person

 5-8     who is an officer, employee, or paid consultant of a trade

 5-9     association in the well drilling industry.

5-10           (m)  The council shall:

5-11                 (1)  advise the department on the contents of the

5-12     licensing examination; and

5-13                 (2)  assist the department in the evaluation of

5-14     continuing education programs.

5-15           (n)  The council may:

5-16                 (1)  recommend standards for continuing education

5-17     programs, including standards relating to the:

5-18                       (A)  qualifications of program providers and

5-19     instructors; and

5-20                       (B)  level of program fees;

5-21                 (2)  recommend topics to be covered in a continuing

5-22     education course;

5-23                 (3)  propose rules for adoption by the department

5-24     relating to the regulation of drillers registered under this

5-25     chapter; and

 6-1                 (4)  hear consumer complaints and make recommendations

 6-2     to the department as to their disposition.

 6-3           SECTION 5.  Subsections (a) through (f), Section 32.007,

 6-4     Water Code, are amended to read as follows:

 6-5           (a)  The department [commission], with the advice of the

 6-6     council, shall prepare licensing examinations, pass on the

 6-7     qualifications of license applicants, and issue licenses to those

 6-8     who qualify.

 6-9           (b)  The department [commission] shall design written

6-10     examinations in a manner that disqualifies a person lacking in the

6-11     necessary knowledge of drilling, of completion and plugging methods

6-12     and techniques, and of groundwater formations to the extent that

6-13     the performance by the person of services as a driller would create

6-14     a serious risk of polluting fresh water.  The department

6-15     [commission] may prescribe additional requirements for the

6-16     examination of monitoring well drillers and may prescribe

6-17     additional requirements relating to water conservation for the

6-18     examination of dewatering well drillers.  An applicant may elect to

6-19     have the examination given orally.

6-20           (c)  The department [commission] shall offer examinations at

6-21     least once a year.  The department [commission] shall offer the

6-22     examinations more frequently if more than 10 persons petition for

6-23     an additional examination.

6-24           (d)  The department [commission] shall administer the

6-25     examination so that a person grading the examination does not know

 7-1     whose paper is being graded.

 7-2           (e)  Not later than the 30th day after the date a licensing

 7-3     examination is administered under this chapter, the department

 7-4     [commission] shall notify each examinee of the results of the

 7-5     examination.

 7-6           (f)  The department [commission] shall maintain files of

 7-7     examination papers.  A person, at any time within six months of the

 7-8     date that the person is notified of the results of an examination,

 7-9     is entitled to inspect the person's examination paper during normal

7-10     business hours at the department's [commission's] offices for the

7-11     purpose of challenging the propriety of the questions, the method

7-12     of grading, and the accuracy of grading.  If requested in writing

7-13     by a person who fails the licensing examination, the department

7-14     [commission] shall furnish the person with an analysis of the

7-15     person's performance on the examination.

7-16           SECTION 6.  Sections 32.008 and 32.009, Water Code, are

7-17     amended to read as follows:

7-18           Sec. 32.008.  CONTINUING EDUCATION.  The department

7-19     [commission], with the participation of the council, may recognize,

7-20     prepare, or offer continuing education programs for licensees.

7-21     Participation in continuing education programs is voluntary unless

7-22     the council determines that the department should require

7-23     participation.

7-24           Sec. 32.009.  RULES AND REGULATIONS.  (a)  The department,

7-25     with advice and comment from the Texas Natural Resource

 8-1     Conservation Commission, [commission] shall adopt rules as

 8-2     necessary to enforce this chapter, including rules governing

 8-3     applications for a license, qualifications of applicants, standards

 8-4     of conduct for licensed drillers including marking of well drilling

 8-5     rigs and equipment, and rules governing procedure and practice

 8-6     before the department [commission].

 8-7           (b)  The department [commission] may enforce by injunction or

 8-8     other appropriate remedy in courts of competent jurisdiction any

 8-9     rule, decisions, determinations, or orders adopted or entered by it

8-10     that do not conflict with a statute.  The attorney general shall

8-11     represent the department [commission] on request.

8-12           (c)  The department [commission] shall adopt rules in

8-13     accordance with Chapter 2001, Government Code.

8-14           (d)  Notwithstanding Subsection (a) [of this section], the

8-15     department [commission] may not adopt rules under this chapter:

8-16                 (1)  regulating the installation or repair of well

8-17     pumps and equipment by a person who owns or is in control of

8-18     property or the person's employee or a person not hired or

8-19     compensated acting on the person's behalf on the property the

8-20     person owns or controls for the person's own use; or

8-21                 (2)  requiring a person who owns or is in control of

8-22     property or possesses a well to complete, repair, or retrofit the

8-23     well to any standard other than a standard in effect at the time

8-24     the well was originally completed unless the well is found to be a

8-25     threat to public health and safety or to water quality.

 9-1           SECTION 7.  Subsections (a), (c), and (d), Section 32.010,

 9-2     Water Code, are amended to read as follows:

 9-3           (a)  The department [commission] may, after notice and

 9-4     hearing, revoke or suspend a license, place on probation a person

 9-5     whose license has been suspended, or reprimand a licensee for a

 9-6     violation of this chapter or a rule adopted under this chapter.

 9-7           (c)  The department [commission], before revoking a license,

 9-8     placing a licensee on probation, or reprimanding a licensee, shall

 9-9     notify the licensee in writing of the alleged violation and provide

9-10     the licensee with an opportunity for a hearing.  The notice shall

9-11     be given not later than the 10th day before the date set for the

9-12     hearing.  The notice shall be made by registered mail to the last

9-13     known business address of the licensee.  The licensee, each person

9-14     complaining against the licensee, and any other witness whose

9-15     testimony is relied on to substantiate the charges made may be

9-16     present at the hearing.  The licensee may present relevant oral or

9-17     written evidence.

9-18           (d)  Each decision and order in a disciplinary hearing

9-19     rendered by the department [commission] must be made in writing and

9-20     must set forth briefly the findings of fact and the department's

9-21     [commission's] conclusions.  Parties to the proceedings shall be

9-22     notified of the decision or order not later than the 30th day after

9-23     the conclusion of the hearing.

9-24           SECTION 8.  Subsections (a), (b), (d), (e), (f), (g), (i),

9-25     and (j), Section 32.011, Water Code, are amended to read as

 10-1    follows:

 10-2          (a)  If a person fails to comply with a provision of this

 10-3    chapter or a rule adopted by the department [commission] under this

 10-4    chapter, the person may be assessed, in addition to other

 10-5    penalties, an administrative penalty set by the department

 10-6    [commission] in an amount not to exceed $2,500 for each violation.

 10-7          (b)  In determining the amount of the penalty, the department

 10-8    [commission] shall consider the person's history of previous

 10-9    violations and the seriousness of the failure to comply.

10-10          (d)  If a public hearing is held, the department [commission]

10-11    shall make findings of fact and issue a written decision as to the

10-12    occurrence of the violation and, when appropriate, an order that a

10-13    penalty be paid.

10-14          (e)  If the person charged with a violation does not appear

10-15    for the hearing, the department [commission] may assess a penalty

10-16    and issue an order that the penalty be paid after the department

10-17    [commission] has determined that a violation occurred.

10-18          (f)  Not later than the 30th day after the date on which an

10-19    order is issued, the department [commission] shall inform a person

10-20    ordered to pay a penalty under this section of the amount of the

10-21    penalty.

10-22          (g)  Not later than the 30th day after the date the order

10-23    becomes final under Subchapter F, Chapter 2001, Government Code,

10-24    the person charged with the penalty shall:

10-25                (1)  pay the penalty in full;

 11-1                (2)  forward the amount to the department [commission]

 11-2    for placement in an escrow account pending judicial review of the

 11-3    matter; or

 11-4                (3)  post with the department [commission] a

 11-5    supersedeas bond for the amount of the penalty until judicial

 11-6    review is final.

 11-7          (i)  If a court determines that a violation has not occurred

 11-8    or that the amount of the penalty should be reduced or not

 11-9    assessed, the department [commission] shall remit the appropriate

11-10    amount to the person with interest or execute release of the bond.

11-11          (j)  An administrative penalty owed under this section may be

11-12    recovered in a civil action brought by the attorney general at the

11-13    request of the department [commission].

11-14          SECTION 9.  Sections 32.012 through 32.016, Water Code, are

11-15    amended to read as follows:

11-16          Sec. 32.012.  APPEAL OF DEPARTMENT [COMMISSION] ACTION.

11-17    (a)  A person affected by a ruling, order, decision, or other act

11-18    of the department [commission] may appeal by filing a petition in a

11-19    district court in Travis County.

11-20          (b)  A petition must be filed not later than the 30th day

11-21    after the date of the department's [commission's] action or, in the

11-22    case of a ruling, order, or decision, not later than the 30th day

11-23    after its effective date.

11-24          (c)  Service of citation on the department [commission] shall

11-25    be accomplished not later than the 30th day after the date the

 12-1    petition was filed.  Citation may be served on the executive

 12-2    director.

 12-3          (d)  The plaintiff must pursue the action with reasonable

 12-4    diligence.

 12-5          (e)  The substantial evidence rule applies in the judicial

 12-6    review of any department [commission] action, ruling, order, or

 12-7    decision.  An administrative or executive action taken before the

 12-8    filing of the suit continues in force and effect until the rights

 12-9    of the parties are determined by the court.

12-10          Sec. 32.013.  COMPLAINTS.  (a)  The department [commission]

12-11    shall prepare information of consumer interest describing the

12-12    procedures by which consumer complaints under this chapter are

12-13    filed with and resolved by it.  The department [commission] shall

12-14    make the information available to the public and appropriate state

12-15    agencies.

12-16          (b)  If a written complaint under this chapter is filed with

12-17    the department [commission] relating to a licensee, the department

12-18    [commission], at least quarterly, shall notify the parties to the

12-19    complaint of the status of the complaint until final disposition

12-20    unless the notice would jeopardize an undercover investigation.

12-21    The department [commission] shall maintain a file about each

12-22    complaint filed against a licensee.

12-23          Sec. 32.014.  DISPOSITION OF REVENUES.  (a)  The financial

12-24    transactions of the department [commission] in connection with the

12-25    administration of this chapter are subject to audit by the state

 13-1    auditor in accordance with Chapter 321, Government Code.

 13-2          (b)  All money collected by the department [commission] under

 13-3    this chapter shall be deposited to the credit of the water well

 13-4    drillers fund account in the general revenue fund and may be used

 13-5    only to administer this chapter.  The department [commission] shall

 13-6    allocate not more than 20 percent of the money in the account

 13-7    [water well drillers fund] to cover administrative costs of the

 13-8    department [commission].

 13-9          Sec. 32.015.  CIVIL PENALTY.  A person who fails to comply

13-10    with this chapter or a rule adopted by the department [commission]

13-11    under this chapter is subject to a civil penalty of not less than

13-12    $200 or more than $1,000 for each day of noncompliance or each act

13-13    of noncompliance as determined by the court.  The department

13-14    [commission] may also seek injunctive relief for a violation of

13-15    this chapter.  The action may be brought by the department

13-16    [commission] in any court of competent jurisdiction in Travis

13-17    County or the county in which the offending activity occurred or in

13-18    which the person resides.  At the request of the executive

13-19    director, the attorney general shall bring an action in the name of

13-20    the state for injunctive relief, to recover the civil penalty, or

13-21    for both the injunctive relief and civil penalty, as authorized by

13-22    this section.  A party to an action may appeal from a final

13-23    judgment as in other civil cases.  The obtaining of a license under

13-24    this chapter by a person does not relieve the person from liability

13-25    under law.

 14-1          Sec. 32.016.  MARKING RIGS WITH IDENTIFICATION NUMBER.  A

 14-2    driller shall legibly mark all rigs used by the driller or the

 14-3    driller's employees in the well drilling business with the license

 14-4    number that appears on the driller's license.  The department

 14-5    [commission] shall adopt rules specifying the method and manner for

 14-6    marking the rigs.

 14-7          SECTION 10.  Subsections (a), (b), (c), and (e), Section

 14-8    32.017, Water Code, are amended to read as follows:

 14-9          (a)  A licensed driller shall complete a well under standards

14-10    and procedures adopted by the department [commission].

14-11          (b)  A licensed driller shall notify the department

14-12    [commission] and the landowner or person having a well drilled when

14-13    the driller encounters water injurious to vegetation, land, or

14-14    other water, and the well must be plugged, repaired, or properly

14-15    completed in order to avoid injury or pollution.  The driller shall

14-16    assure that the well is plugged, repaired, or properly completed

14-17    under standards and procedures adopted by the department

14-18    [commission].

14-19          (c)  Not later than the 180th day after the date on which a

14-20    landowner or other person who possesses an abandoned or

14-21    deteriorated well learns of its condition, the landowner or other

14-22    person who possesses an abandoned or deteriorated well shall have

14-23    the well plugged or capped under standards and procedures adopted

14-24    by the department [commission].  A licensed driller who knows of an

14-25    abandoned or deteriorated well shall notify the landowner or person

 15-1    possessing the well that the well must be plugged or capped in

 15-2    order to avoid injury or pollution.

 15-3          (e)  A licensed driller, licensed pump installer, or well

 15-4    owner who plugs an abandoned or deteriorated well shall submit a

 15-5    plugging report to the executive director not later than the 30th

 15-6    day after the date the well is plugged.  The department

 15-7    [commission] shall furnish plugging report forms on request.

 15-8          SECTION 11.  Section 32.019, Water Code, is amended to read

 15-9    as follows:

15-10          Sec. 32.019.  TRANSFER OF FUNCTIONS.  If the functions of the

15-11    department [commission] necessary to the proper implementation of

15-12    its duties under this chapter are transferred to another agency,

15-13    the powers and duties given in this chapter to the department

15-14    [commission] shall be transferred to the other agency.

15-15          SECTION 12.  Subdivisions (2) and (3), Section 33.001, Water

15-16    Code, are amended to read as follows:

15-17                (2)  "Department" ["Commission"] means the Texas

15-18    Department of Licensing and Regulation [Natural Resource

15-19    Conservation Commission].

15-20                (3)  "Executive director" means the executive director

15-21    of the department [Texas Natural Resource Conservation Commission].

15-22          SECTION 13.  Subsections (a) through (e), (g), and (h),

15-23    Section 33.002, Water Code, are amended to read as follows:

15-24          (a)  A person may not act as or offer to perform the services

15-25    of an installer unless the person holds a license issued by the

 16-1    department [commission] under rules adopted under this chapter.

 16-2          (b)  An application for a license must contain [the

 16-3    applicant's]:

 16-4                (1)  the applicant's name;

 16-5                (2)  the applicant's business address;

 16-6                (3)  the applicant's permanent mailing address; and

 16-7                (4)  any other information required by the department

 16-8    [commission].

 16-9          (c)  At the time of application, an applicant shall pay to

16-10    the department [commission] a nonrefundable examination fee.  A

16-11    person qualifying for a license shall pay to the department

16-12    [commission] the license fee set by the department [commission].

16-13          (d)  Except as provided by Section 33.003 [of this code], a

16-14    license issued under this chapter expires on August 31 of each

16-15    year.  On or before that day, each licensee shall pay an annual fee

16-16    to the department [commission] to renew the license.  The

16-17    department [commission] shall notify each licensee in writing of

16-18    the impending license expiration not later than August 1 of each

16-19    year.  If a person's license has been expired for 90 days or less,

16-20    the person may renew the license by paying to the department

16-21    [commission] the required renewal fee and a late fee that is equal

16-22    to one-half of the examination fee for the license.  If a person's

16-23    license has been expired for more than 90 days but less than two

16-24    years, the person may renew the license by paying to the department

16-25    [commission] all unpaid renewal fees and a late fee that is equal

 17-1    to the examination fee for the license.  If a person's license has

 17-2    been expired two years or more, the person may not renew the

 17-3    license.  The person may obtain a new license by submitting to

 17-4    reexamination and complying with the requirements for obtaining an

 17-5    original license.

 17-6          (e)  The department [commission] shall maintain a current

 17-7    register of licensees.

 17-8          (g)  The department [commission] shall issue a duplicate

 17-9    license to replace a lost or destroyed license on proper

17-10    application and payment of a fee.

17-11          (h)  The department [commission] by rule shall set the fees

17-12    imposed under this chapter in amounts that are reasonable and

17-13    necessary to cover the costs of administering this chapter.

17-14          SECTION 14.  Sections 33.003 through 33.008, Water Code, are

17-15    amended to read as follows:

17-16          Sec. 33.003.  STAGGERED RENEWAL OF LICENSES.  The department

17-17    [commission] by rule may adopt a system under which licenses expire

17-18    on various dates during the year.  For the year in which the

17-19    license expiration date is changed, license renewal fees payable on

17-20    August 31 shall be prorated.  On renewal of the license on the new

17-21    expiration date, the total license renewal fee is payable.

17-22          Sec. 33.004.  PERSONS LICENSED IN OTHER STATES.  The

17-23    department [commission] may adopt rules allowing waiver of a

17-24    license requirement for an applicant with a valid license from

17-25    another state that has license requirements substantially

 18-1    equivalent to those of this state.

 18-2          Sec. 33.005.  EXAMINATIONS.  (a)  The department

 18-3    [commission], with the advice of the council, shall prepare

 18-4    licensing examinations, pass on the qualifications of license

 18-5    applicants, and issue licenses to those who qualify.

 18-6          (b)  The department [commission] shall design written

 18-7    examinations in such a manner as to disqualify a person lacking the

 18-8    knowledge of pump installation to the extent that the performance

 18-9    by the person of pump installation would create a serious risk of

18-10    polluting fresh water.

18-11          (c)  The department [commission] shall offer examinations

18-12    prepared by it at least once a month and more frequently if more

18-13    than 10 persons petition it for an additional examination.  The

18-14    examination shall be administered so that a person grading the

18-15    examination does not know whose paper is being graded.  The

18-16    department [commission] shall maintain files of examination papers.

18-17          Sec. 33.006.  CONTINUING EDUCATION.  The department

18-18    [commission], with the participation of the council, may recognize,

18-19    prepare, or offer continuing education programs for licensees.

18-20    Participation in continuing education programs is voluntary unless

18-21    the council determines that the department should require

18-22    participation.

18-23          Sec. 33.007.  RULES.  (a)  The department [commission] shall

18-24    adopt rules as necessary to enforce this chapter.

18-25          (b)  The department [commission] may enforce by injunction or

 19-1    other appropriate remedy in courts of competent jurisdiction any

 19-2    rule, decisions, determinations, or orders adopted or entered by it

 19-3    that do not conflict with a statute.  The attorney general shall

 19-4    represent the department [commission] on request.

 19-5          (c)  The department [commission] shall adopt rules in

 19-6    accordance with Chapter 2001, Government Code.

 19-7          (d)  Notwithstanding Subsection (a) [of this section], the

 19-8    department [commission] may not adopt rules under this chapter:

 19-9                (1)  regulating the installation or repair of well

19-10    pumps and equipment by a person who owns or is in control of

19-11    property or the person's employee or a person not hired or

19-12    compensated acting on the person's behalf on the property the

19-13    person owns or controls for the person's own use; or

19-14                (2)  requiring a person who owns or is in control of

19-15    property or possesses a well to complete, repair, or retrofit the

19-16    well to any standard other than a standard in effect at the time

19-17    the well was originally completed unless the well is found to be a

19-18    threat to public health and safety or to water quality.

19-19          Sec. 33.008.  REVOCATION OF LICENSES.  (a)  The department

19-20    [commission] may revoke a license, place a licensee on probation,

19-21    or reprimand a licensee for a violation of this chapter or a rule

19-22    adopted under this chapter.

19-23          (b)  The department [commission], before revoking a license,

19-24    placing a licensee on probation, or reprimanding a licensee, shall

19-25    notify the licensee in writing of the alleged violation and provide

 20-1    the licensee with an opportunity for a hearing.  The notice shall

 20-2    be given not later than the 10th day before the date set for the

 20-3    hearing.  The notice shall be made by registered mail to the last

 20-4    known business address of the licensee.  The licensee, each person

 20-5    complaining against the licensee, and any other witness whose

 20-6    testimony is relied on to substantiate the charges made may be

 20-7    present at the hearing.  The licensee may present relevant oral or

 20-8    written evidence.

 20-9          (c)  Each decision and order in a disciplinary hearing

20-10    rendered by the department [commission] must be made in writing and

20-11    must set forth briefly the findings of fact and the department's

20-12    [commission's] conclusions.  Parties to the proceedings shall be

20-13    notified of the decision or order not later than the 30th day after

20-14    the conclusion of the hearing.

20-15          SECTION 15.  Subsections (a), (b), (d), (e), (f), (g), (i),

20-16    and (j), Section 33.009, Water Code, are amended to read as

20-17    follows:

20-18          (a)  If a person fails to comply with a provision of this

20-19    chapter or a rule adopted by the department [commission] under this

20-20    chapter, the person may be assessed, in addition to other

20-21    penalties, an administrative penalty set by the department

20-22    [commission] in an amount not to exceed $2,500 for each violation.

20-23          (b)  In determining the amount of the penalty, the department

20-24    [commission] shall consider the person's history of previous

20-25    violations and the seriousness of the failure to comply.

 21-1          (d)  If a public hearing is held, the department [commission]

 21-2    shall make findings of fact and issue a written decision as to the

 21-3    occurrence of the violation and, when appropriate, an order that a

 21-4    penalty be paid.

 21-5          (e)  If the person charged with a violation does not appear

 21-6    for the hearing, the department [commission] may assess a penalty

 21-7    and issue an order that the penalty be paid after the department

 21-8    [commission] has determined that a violation occurred.

 21-9          (f)  Not later than the 30th day after the date on which an

21-10    order is issued, the department [commission] shall inform a person

21-11    ordered to pay a penalty under this section of the amount of the

21-12    penalty.

21-13          (g)  Not later than the 30th day after the date the order

21-14    becomes final under Subchapter F, Chapter 2001, Government Code,

21-15    the person charged with the penalty shall:

21-16                (1)  pay the penalty in full;

21-17                (2)  forward the amount to the department [commission]

21-18    for placement in an escrow account pending judicial review of the

21-19    matter; or

21-20                (3)  post with the department [commission] a

21-21    supersedeas bond for the amount of the penalty until judicial

21-22    review is final.

21-23          (i)  If a court determines that a violation has not occurred

21-24    or that the amount of the penalty should be reduced or not

21-25    assessed, the department [commission] shall remit the appropriate

 22-1    amount to the person with interest or execute release of the bond.

 22-2          (j)  An administrative penalty owed under this section may be

 22-3    recovered in a civil action brought by the attorney general at the

 22-4    request of the department [commission].

 22-5          SECTION 16.  Sections 33.010 through 33.013, Water Code, are

 22-6    amended to read as follows:

 22-7          Sec. 33.010.  APPEAL OF DEPARTMENT [COMMISSION] ACTION.

 22-8    (a)  A person affected by a ruling, order, decision, or other act

 22-9    of the department [commission] may appeal by filing a petition in a

22-10    district court in Travis County.

22-11          (b)  A petition must be filed not later than the 30th day

22-12    after the date of the department's [commission's] action or, in the

22-13    case of a ruling, order, or decision, not later than the 30th day

22-14    after its effective date.

22-15          (c)  Service of citation on the department [commission] shall

22-16    be accomplished not later than the 30th day after the date the

22-17    petition was filed.  Citation may be served on the executive

22-18    director.

22-19          (d)  The plaintiff must pursue the action with reasonable

22-20    diligence.

22-21          (e)  The substantial evidence rule applies in the judicial

22-22    review of any department [commission] action, ruling, order, or

22-23    decision.  An administrative or executive action taken before the

22-24    filing of the suit continues in force and effect until the rights

22-25    of the parties are determined by the court.

 23-1          Sec. 33.011.  COMPLAINTS.  (a)  The department [commission]

 23-2    shall prepare information of consumer interest describing the

 23-3    procedures by which consumer complaints under this chapter are

 23-4    filed with and resolved by it.  The department [commission] shall

 23-5    make the information available to the public and appropriate state

 23-6    agencies.  The council may hear consumer complaints and make

 23-7    recommendations to the department as to their disposition.

 23-8          (b)  If a written complaint under this chapter is filed with

 23-9    the department [commission] relating to a licensee, the department

23-10    [commission], at least quarterly, shall notify the parties to the

23-11    complaint of the status of the complaint until final disposition

23-12    unless the notice would jeopardize an undercover investigation.

23-13    The department [commission] shall maintain a file about each

23-14    complaint filed against a licensee.

23-15          Sec. 33.012.  DISPOSITION OF REVENUES.  (a)  The financial

23-16    transactions of the department [commission] in connection with the

23-17    administration of this chapter are subject to audit by the state

23-18    auditor in accordance with Chapter 321, Government Code.

23-19          (b)  All money collected by the department [commission] under

23-20    this chapter shall be deposited to the credit of the water well

23-21    drillers fund account in the general revenue fund and may be used

23-22    only to administer this chapter.  The department shall allocate not

23-23    more than 20 percent of the money in the account to cover

23-24    administrative costs of the department.

23-25          Sec. 33.013.  CIVIL PENALTY.  A person who fails to comply

 24-1    with this chapter or a rule adopted by the department [commission]

 24-2    under this chapter is subject to a civil penalty of not less than

 24-3    $200 or more than $1,000 for each day of noncompliance or each act

 24-4    of noncompliance as determined by the court.  The department

 24-5    [commission] may also seek injunctive relief for a violation of

 24-6    this chapter.  The action may be brought by the department

 24-7    [commission] in any court of competent jurisdiction in Travis

 24-8    County in which the offending activity occurred or in which the

 24-9    person resides.  At the request of the executive director, the

24-10    attorney general shall bring an action in the name of the state for

24-11    injunctive relief, to recover the civil penalty, or for both the

24-12    injunctive relief and civil penalty, as authorized by this section.

24-13    A party to an action may appeal from a final judgment as in other

24-14    civil cases.  The obtaining of a license under this chapter by a

24-15    person does not relieve the person from liability under law.

24-16          SECTION 17.  Subsections (a) and (b), Section 33.014, Water

24-17    Code, are amended to read as follows:

24-18          (a)  Each installer licensed under this chapter shall install

24-19    or repair pumps under standards and procedures adopted by the

24-20    department [commission] with the advice of the council.

24-21          (b)  Each licensed installer shall notify the department

24-22    [commission] and the landowner or person having a pump installed or

24-23    repaired when the installer encounters water injurious to

24-24    vegetation, land, or other water, and the installer shall repair or

24-25    properly complete the well in order to avoid injury or pollution.

 25-1    The installer shall ensure that the well is repaired or properly

 25-2    completed under standards and procedures adopted by the department

 25-3    [commission].

 25-4          SECTION 18.  Section 33.015, Water Code, is amended to read

 25-5    as follows:

 25-6          Sec. 33.015.  TRANSFER OF FUNCTIONS.  If the functions of the

 25-7    department [commission] necessary to the proper implementation of

 25-8    its duties under this chapter are transferred to any other agency,

 25-9    the powers and duties given to the department [commission] in this

25-10    chapter shall be transferred to the other agency.

25-11          SECTION 19.  (a)  This Act takes effect September 1, 1997.

25-12          (b)  On the effective date of this Act and except as

25-13    otherwise provided by this Act, all powers and duties of the Texas

25-14    Natural Resource Conservation Commission under Chapters 32 and 33,

25-15    Water Code, and all obligations, rights, contracts, records, real

25-16    or personal property, and personnel of the commission relating to

25-17    those powers and duties are transferred to the Texas Department of

25-18    Licensing and Regulation.

25-19          (c)  An obligation payable by the Texas Natural Resource

25-20    Conservation Commission from the water well drillers fund account

25-21    established by Sections 32.014 and 33.012, Water Code, that is

25-22    transferred by this Act to the Texas Department of Licensing and

25-23    Regulation may be paid under applicable law by the department from

25-24    the unexpended balance of an appropriation from the fund made to

25-25    the commission for the state fiscal biennium ending August 31,

 26-1    1997.

 26-2          (d)  An appropriation to the Texas Natural Resource

 26-3    Conservation Commission for the state fiscal biennium beginning

 26-4    September 1, 1997, for the performance of a power or duty under

 26-5    Chapter 32 or 33, Water Code, transferred under this Act to the

 26-6    Texas Department of Licensing and Regulation is transferred to the

 26-7    department on that date.

 26-8          SECTION 20.  The importance of this legislation and the

 26-9    crowded condition of the calendars in both houses create an

26-10    emergency and an imperative public necessity that the

26-11    constitutional rule requiring bills to be read on three several

26-12    days in each house be suspended, and this rule is hereby suspended.