By Madla S.B. No. 1955
75R13847 MCK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer of certain occupational certification and
1-3 licensing programs administered by the Texas Natural Resource
1-4 Conservation Commission.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 32.001(1), (2), and (7), Water Code, are
1-7 amended to read as follows:
1-8 (1) ["Commission" means the Texas Natural Resource
1-9 Conservation Commission.]
1-10 [(2)] "Council" means the Texas water well drillers
1-11 advisory council.
1-12 (2) "Department" means the Texas Department of
1-13 Licensing and Regulation.
1-14 (7) "Executive director" means the executive director
1-15 of the department [Texas Natural Resource Conservation Commission].
1-16 SECTION 2. Sections 32.002(a)-(f), (h), and (i), Water Code,
1-17 are amended to read as follows:
1-18 (a) A person may not act as or offer to perform services as
1-19 a driller unless the person holds a license issued by the
1-20 department [commission] under this chapter and under rules adopted
1-21 under this chapter.
1-22 (b) An application for a license must contain [the
1-23 applicant's]:
1-24 (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
2-26 reexamination and complying with the requirements and procedures
2-27 for obtaining an original license.
3-1 (f) The department [commission] shall maintain a current
3-2 register of licensees.
3-3 (h) The department [commission] shall issue a duplicate
3-4 license to replace a lost or destroyed license on proper
3-5 application and payment of a fee.
3-6 (i) The department [commission] by rule shall set the fees
3-7 imposed by this chapter in amounts that are reasonable and
3-8 necessary to cover the costs of administering this chapter.
3-9 SECTION 3. Sections 32.003-32.005, Water Code, are amended
3-10 to read as follows:
3-11 Sec. 32.003. STAGGERED RENEWAL OF LICENSES. The department
3-12 [commission] by rule may adopt a system under which licenses expire
3-13 on various dates during the year. For the year in which the
3-14 license expiration date is changed, license renewal fees payable on
3-15 August 31 shall be prorated. On renewal of the license on the new
3-16 expiration date, the total license renewal fee is payable.
3-17 Sec. 32.004. PERSONS LICENSED IN OTHER STATES. The
3-18 department [commission] may adopt rules allowing waiver of a
3-19 license requirement for an applicant with a valid license from
3-20 another state having license requirements substantially equivalent
3-21 to those of this state.
3-22 Sec. 32.005. REPORTING OF WELL LOGS. (a) Every licensed
3-23 driller drilling, deepening, or otherwise altering a water well in
3-24 this state shall make and keep a legible and accurate well log in
3-25 accordance with department [commission] rule on forms prescribed by
3-26 the department [commission]. Not later than the 60th day after the
3-27 completion or cessation of drilling, deepening, or otherwise
4-1 altering the well, the licensed driller shall deliver or transmit
4-2 by certified mail a copy of the well log to the department, the
4-3 Texas Natural Resource Conservation Commission, [commission] and
4-4 [to] the owner of the well or the person for whom the well was
4-5 drilled. [Each copy of a well log, other than a commission copy,
4-6 must include the name, mailing address, and telephone number of the
4-7 commission.]
4-8 (b) The well log shall be recorded at the time of drilling
4-9 and must show the depth, thickness, and character of the strata
4-10 penetrated, the location of water-bearing strata, the depth, size,
4-11 and character of casing installed, and any other information
4-12 required by department [commission] rule.
4-13 (c) The department [commission] shall hold the contents of
4-14 the well log confidential and not a matter of public record if it
4-15 receives, by certified mail, a written request to do so from the
4-16 owner or the person for whom the well was drilled.
4-17 SECTION 4. Section 32.006, Water Code, is amended by
4-18 amending Subsections (a) and (e) and adding Subsections (m) and (n)
4-19 to read as follows:
4-20 (a) The Texas water well drillers advisory council is
4-21 composed of nine members appointed by the department [commission].
4-22 Appointments to the council shall be made without regard to the
4-23 race, creed, sex, religion, or national origin of the appointees.
4-24 (e) A council member or an employee of the department
4-25 [commission] connected with the administration of this chapter may
4-26 not be an officer, employee, or paid consultant of a trade
4-27 association in the well drilling industry and may not be related
5-1 within the second degree by affinity or consanguinity to a person
5-2 who is an officer, employee, or paid consultant of a trade
5-3 association in the well drilling industry.
5-4 (m) The advisory council shall:
5-5 (1) advise the department on the contents of the
5-6 licensing examination; and
5-7 (2) assist the department in the evaluation of
5-8 continuing education programs.
5-9 (n) The advisory council may:
5-10 (1) recommend standards for continuing education
5-11 programs, including standards relating to the:
5-12 (A) qualifications of program providers and
5-13 instructors; and
5-14 (B) level of program fees;
5-15 (2) recommend topics to be covered in a continuing
5-16 education course;
5-17 (3) propose rules for adoption by the department
5-18 relating to the regulation of drillers registered under this
5-19 chapter; and
5-20 (4) hear consumer complaints and make recommendations
5-21 to the department as to their disposition.
5-22 SECTION 5. Sections 32.007(a)-(f), Water Code, are amended
5-23 to read as follows:
5-24 (a) The department [commission], with the advice of the
5-25 council, shall prepare licensing examinations, pass on the
5-26 qualifications of license applicants, and issue licenses to those
5-27 who qualify.
6-1 (b) The department [commission] shall design written
6-2 examinations in a manner that disqualifies a person lacking in the
6-3 necessary knowledge of drilling, of completion and plugging methods
6-4 and techniques, and of groundwater formations to the extent that
6-5 the performance by the person of services as a driller would create
6-6 a serious risk of polluting fresh water. The department
6-7 [commission] may prescribe additional requirements for the
6-8 examination of monitoring well drillers and may prescribe
6-9 additional requirements relating to water conservation for the
6-10 examination of dewatering well drillers. An applicant may elect to
6-11 have the examination given orally.
6-12 (c) The department [commission] shall offer examinations at
6-13 least once a year. The department [commission] shall offer the
6-14 examinations more frequently if more than 10 persons petition for
6-15 an additional examination.
6-16 (d) The department [commission] shall administer the
6-17 examination so that a person grading the examination does not know
6-18 whose paper is being graded.
6-19 (e) Not later than the 30th day after the date a licensing
6-20 examination is administered under this chapter, the department
6-21 [commission] shall notify each examinee of the results of the
6-22 examination.
6-23 (f) The department [commission] shall maintain files of
6-24 examination papers. A person, at any time within six months of the
6-25 date that the person is notified of the results of an examination,
6-26 is entitled to inspect the person's examination paper during normal
6-27 business hours at the department's [commission's] offices for the
7-1 purpose of challenging the propriety of the questions, the method
7-2 of grading, and the accuracy of grading. If requested in writing
7-3 by a person who fails the licensing examination, the department
7-4 [commission] shall furnish the person with an analysis of the
7-5 person's performance on the examination.
7-6 SECTION 6. Sections 32.008 and 32.009, Water Code, are
7-7 amended to read as follows:
7-8 Sec. 32.008. CONTINUING EDUCATION. The department
7-9 [commission], with the participation of the council, may recognize,
7-10 prepare, or offer continuing education programs for licensees.
7-11 Participation in continuing education programs is voluntary unless
7-12 the council determines that the department should require
7-13 participation.
7-14 Sec. 32.009. RULES AND REGULATIONS. (a) The department,
7-15 with advice and comment from the Texas Natural Resource
7-16 Conservation Commission, [commission] shall adopt rules as
7-17 necessary to enforce this chapter, including rules governing
7-18 applications for a license, qualifications of applicants, standards
7-19 of conduct for licensed drillers including marking of well drilling
7-20 rigs and equipment, and rules governing procedure and practice
7-21 before the department [commission].
7-22 (b) The department [commission] may enforce by injunction or
7-23 other appropriate remedy in courts of competent jurisdiction any
7-24 rule, decisions, determinations, or orders adopted or entered by it
7-25 that do not conflict with a statute. The attorney general shall
7-26 represent the department [commission] on request.
7-27 (c) The department [commission] shall adopt rules in
8-1 accordance with Chapter 2001, Government Code.
8-2 (d) Notwithstanding Subsection (a) [of this section], the
8-3 department [commission] may not adopt rules under this chapter:
8-4 (1) regulating the installation or repair of well
8-5 pumps and equipment by a person who owns or is in control of
8-6 property or the person's employee or a person not hired or
8-7 compensated acting on the person's behalf on the property the
8-8 person owns or controls for the person's own use; or
8-9 (2) requiring a person who owns or is in control of
8-10 property or possesses a well to complete, repair, or retrofit the
8-11 well to any standard other than a standard in effect at the time
8-12 the well was originally completed unless the well is found to be a
8-13 threat to public health and safety or to water quality.
8-14 SECTION 7. Sections 32.010(a), (c), and (d), Water Code, are
8-15 amended to read as follows:
8-16 (a) The department [commission] may, after notice and
8-17 hearing, revoke or suspend a license, place on probation a person
8-18 whose license has been suspended, or reprimand a licensee for a
8-19 violation of this chapter or a rule adopted under this chapter.
8-20 (c) The department [commission], before revoking a license,
8-21 placing a licensee on probation, or reprimanding a licensee, shall
8-22 notify the licensee in writing of the alleged violation and provide
8-23 the licensee with an opportunity for a hearing. The notice shall
8-24 be given not later than the 10th day before the date set for the
8-25 hearing. The notice shall be made by registered mail to the last
8-26 known business address of the licensee. The licensee, each person
8-27 complaining against the licensee, and any other witness whose
9-1 testimony is relied on to substantiate the charges made may be
9-2 present at the hearing. The licensee may present relevant oral or
9-3 written evidence.
9-4 (d) Each decision and order in a disciplinary hearing
9-5 rendered by the department [commission] must be made in writing and
9-6 must set forth briefly the findings of fact and the department's
9-7 [commission's] conclusions. Parties to the proceedings shall be
9-8 notified of the decision or order not later than the 30th day after
9-9 the conclusion of the hearing.
9-10 SECTION 8. Sections 32.011(a), (b), (d)-(g), (i), and (j),
9-11 Water Code, are amended to read as follows:
9-12 (a) If a person fails to comply with a provision of this
9-13 chapter or a rule adopted by the department [commission] under this
9-14 chapter, the person may be assessed, in addition to other
9-15 penalties, an administrative penalty set by the department
9-16 [commission] in an amount not to exceed $2,500 for each violation.
9-17 (b) In determining the amount of the penalty, the department
9-18 [commission] shall consider the person's history of previous
9-19 violations and the seriousness of the failure to comply.
9-20 (d) If a public hearing is held, the department [commission]
9-21 shall make findings of fact and issue a written decision as to the
9-22 occurrence of the violation and, when appropriate, an order that a
9-23 penalty be paid.
9-24 (e) If the person charged with a violation does not appear
9-25 for the hearing, the department [commission] may assess a penalty
9-26 and issue an order that the penalty be paid after the department
9-27 [commission] has determined that a violation occurred.
10-1 (f) Not later than the 30th day after the date on which an
10-2 order is issued, the department [commission] shall inform a person
10-3 ordered to pay a penalty under this section of the amount of the
10-4 penalty.
10-5 (g) Not later than the 30th day after the date the order
10-6 becomes final under Subchapter F, Chapter 2001, Government Code,
10-7 the person charged with the penalty shall:
10-8 (1) pay the penalty in full;
10-9 (2) forward the amount to the department [commission]
10-10 for placement in an escrow account pending judicial review of the
10-11 matter; or
10-12 (3) post with the department [commission] a
10-13 supersedeas bond for the amount of the penalty until judicial
10-14 review is final.
10-15 (i) If a court determines that a violation has not occurred
10-16 or that the amount of the penalty should be reduced or not
10-17 assessed, the department [commission] shall remit the appropriate
10-18 amount to the person with interest or execute release of the bond.
10-19 (j) An administrative penalty owed under this section may be
10-20 recovered in a civil action brought by the attorney general at the
10-21 request of the department [commission].
10-22 SECTION 9. Sections 32.012-32.016, Water Code, are amended
10-23 to read as follows:
10-24 Sec. 32.012. APPEAL OF DEPARTMENT [COMMISSION] ACTION. (a)
10-25 A person affected by a ruling, order, decision, or other act of the
10-26 department [commission] may appeal by filing a petition in a
10-27 district court in Travis County.
11-1 (b) A petition must be filed not later than the 30th day
11-2 after the date of the department's [commission's] action or, in the
11-3 case of a ruling, order, or decision, not later than the 30th day
11-4 after its effective date.
11-5 (c) Service of citation on the department [commission] shall
11-6 be accomplished not later than the 30th day after the date the
11-7 petition was filed. Citation may be served on the executive
11-8 director.
11-9 (d) The plaintiff must pursue the action with reasonable
11-10 diligence.
11-11 (e) The substantial evidence rule applies in the judicial
11-12 review of any department [commission] action, ruling, order, or
11-13 decision. An administrative or executive action taken before the
11-14 filing of the suit continues in force and effect until the rights
11-15 of the parties are determined by the court.
11-16 Sec. 32.013. COMPLAINTS. (a) The department [commission]
11-17 shall prepare information of consumer interest describing the
11-18 procedures by which consumer complaints under this chapter are
11-19 filed with and resolved by it. The department [commission] shall
11-20 make the information available to the public and appropriate state
11-21 agencies.
11-22 (b) If a written complaint under this chapter is filed with
11-23 the department [commission] relating to a licensee, the department
11-24 [commission], at least quarterly, shall notify the parties to the
11-25 complaint of the status of the complaint until final disposition
11-26 unless the notice would jeopardize an undercover investigation.
11-27 The department [commission] shall maintain a file about each
12-1 complaint filed against a licensee.
12-2 Sec. 32.014. DISPOSITION OF REVENUES. (a) The financial
12-3 transactions of the department [commission] in connection with the
12-4 administration of this chapter are subject to audit by the state
12-5 auditor in accordance with Chapter 321, Government Code.
12-6 (b) All money collected by the department [commission] under
12-7 this chapter shall be deposited to the credit of the water well
12-8 drillers fund account in the general revenue fund and may be used
12-9 only to administer this chapter. The department [commission] shall
12-10 allocate not more than 20 percent of the money in the account
12-11 [water well drillers fund] to cover administrative costs of the
12-12 department [commission].
12-13 Sec. 32.015. CIVIL PENALTY. A person who fails to comply
12-14 with this chapter or a rule adopted by the department [commission]
12-15 under this chapter is subject to a civil penalty of not less than
12-16 $200 or more than $1,000 for each day of noncompliance or each act
12-17 of noncompliance as determined by the court. The department
12-18 [commission] may also seek injunctive relief for a violation of
12-19 this chapter. The action may be brought by the department
12-20 [commission] in any court of competent jurisdiction in Travis
12-21 County or the county in which the offending activity occurred or in
12-22 which the person resides. At the request of the executive
12-23 director, the attorney general shall bring an action in the name of
12-24 the state for injunctive relief, to recover the civil penalty, or
12-25 for both the injunctive relief and civil penalty, as authorized by
12-26 this section. A party to an action may appeal from a final
12-27 judgment as in other civil cases. The obtaining of a license under
13-1 this chapter by a person does not relieve the person from liability
13-2 under law.
13-3 Sec. 32.016. MARKING RIGS WITH IDENTIFICATION NUMBER. A
13-4 driller shall legibly mark all rigs used by the driller or the
13-5 driller's employees in the well drilling business with the license
13-6 number that appears on the driller's license. The department
13-7 [commission] shall adopt rules specifying the method and manner for
13-8 marking the rigs.
13-9 SECTION 10. Sections 32.017(a)-(c) and (e), Water Code, are
13-10 amended to read as follows:
13-11 (a) A licensed driller shall complete a well under standards
13-12 and procedures adopted by the department [commission].
13-13 (b) A licensed driller shall notify the department
13-14 [commission] and the landowner or person having a well drilled when
13-15 the driller encounters water injurious to vegetation, land, or
13-16 other water, and the well must be plugged, repaired, or properly
13-17 completed in order to avoid injury or pollution. The driller shall
13-18 assure that the well is plugged, repaired, or properly completed
13-19 under standards and procedures adopted by the department
13-20 [commission].
13-21 (c) Not later than the 180th day after the date on which a
13-22 landowner or other person who possesses an abandoned or
13-23 deteriorated well learns of its condition, the landowner or other
13-24 person who possesses an abandoned or deteriorated well shall have
13-25 the well plugged or capped under standards and procedures adopted
13-26 by the department [commission]. A licensed driller who knows of an
13-27 abandoned or deteriorated well shall notify the landowner or person
14-1 possessing the well that the well must be plugged or capped in
14-2 order to avoid injury or pollution.
14-3 (e) A licensed driller, licensed pump installer, or well
14-4 owner who plugs an abandoned or deteriorated well shall submit a
14-5 plugging report to the executive director not later than the 30th
14-6 day after the date the well is plugged. The department
14-7 [commission] shall furnish plugging report forms on request.
14-8 SECTION 11. Section 32.019, Water Code, is amended to read
14-9 as follows:
14-10 Sec. 32.019. TRANSFER OF FUNCTIONS. If the functions of the
14-11 department [commission] necessary to the proper implementation of
14-12 its duties under this chapter are transferred to another agency,
14-13 the powers and duties given in this chapter to the department
14-14 [commission] shall be transferred to the other agency.
14-15 SECTION 12. Sections 33.001(2) and (3), Water Code, are
14-16 amended to read as follows:
14-17 (2) "Department" ["Commission"] means the Texas
14-18 Department of Licensing and Regulation [Natural Resource
14-19 Conservation Commission].
14-20 (3) "Executive director" means the executive director
14-21 of the department [Texas Natural Resource Conservation Commission].
14-22 SECTION 13. Sections 33.002(a)-(e), (g), and (h), Water
14-23 Code, are amended to read as follows:
14-24 (a) A person may not act as or offer to perform the services
14-25 of an installer unless the person holds a license issued by the
14-26 department [commission] under rules adopted under this chapter.
14-27 (b) An application for a license must contain [the
15-1 applicant's]:
15-2 (1) the applicant's name;
15-3 (2) the applicant's business address;
15-4 (3) the applicant's permanent mailing address; and
15-5 (4) any other information required by the department
15-6 [commission].
15-7 (c) At the time of application, an applicant shall pay to
15-8 the department [commission] a nonrefundable examination fee. A
15-9 person qualifying for a license shall pay to the department
15-10 [commission] the license fee set by the department [commission].
15-11 (d) Except as provided by Section 33.003 [of this code], a
15-12 license issued under this chapter expires on August 31 of each
15-13 year. On or before that day, each licensee shall pay an annual fee
15-14 to the department [commission] to renew the license. The
15-15 department [commission] shall notify each licensee in writing of
15-16 the impending license expiration not later than August 1 of each
15-17 year. If a person's license has been expired for 90 days or less,
15-18 the person may renew the license by paying to the department
15-19 [commission] the required renewal fee and a late fee that is equal
15-20 to one-half of the examination fee for the license. If a person's
15-21 license has been expired for more than 90 days but less than two
15-22 years, the person may renew the license by paying to the department
15-23 [commission] all unpaid renewal fees and a late fee that is equal
15-24 to the examination fee for the license. If a person's license has
15-25 been expired two years or more, the person may not renew the
15-26 license. The person may obtain a new license by submitting to
15-27 reexamination and complying with the requirements for obtaining an
16-1 original license.
16-2 (e) The department [commission] shall maintain a current
16-3 register of licensees.
16-4 (g) The department [commission] shall issue a duplicate
16-5 license to replace a lost or destroyed license on proper
16-6 application and payment of a fee.
16-7 (h) The department [commission] by rule shall set the fees
16-8 imposed under this chapter in amounts that are reasonable and
16-9 necessary to cover the costs of administering this chapter.
16-10 SECTION 14. Sections 33.003-33.008, Water Code, are amended
16-11 to read as follows:
16-12 Sec. 33.003. STAGGERED RENEWAL OF LICENSES. The department
16-13 [commission] by rule may adopt a system under which licenses expire
16-14 on various dates during the year. For the year in which the
16-15 license expiration date is changed, license renewal fees payable on
16-16 August 31 shall be prorated. On renewal of the license on the new
16-17 expiration date, the total license renewal fee is payable.
16-18 Sec. 33.004. PERSONS LICENSED IN OTHER STATES. The
16-19 department [commission] may adopt rules allowing waiver of a
16-20 license requirement for an applicant with a valid license from
16-21 another state that has license requirements substantially
16-22 equivalent to those of this state.
16-23 Sec. 33.005. EXAMINATIONS. (a) The department
16-24 [commission], with the advice of the council, shall prepare
16-25 licensing examinations, pass on the qualifications of license
16-26 applicants, and issue licenses to those who qualify.
16-27 (b) The department [commission] shall design written
17-1 examinations in such a manner as to disqualify a person lacking the
17-2 knowledge of pump installation to the extent that the performance
17-3 by the person of pump installation would create a serious risk of
17-4 polluting fresh water.
17-5 (c) The department [commission] shall offer examinations
17-6 prepared by it at least once a month and more frequently if more
17-7 than 10 persons petition it for an additional examination. The
17-8 examination shall be administered so that a person grading the
17-9 examination does not know whose paper is being graded. The
17-10 department [commission] shall maintain files of examination papers.
17-11 Sec. 33.006. CONTINUING EDUCATION. The department
17-12 [commission], with the participation of the council, may recognize,
17-13 prepare, or offer continuing education programs for licensees.
17-14 Participation in continuing education programs is voluntary unless
17-15 the council determines that the department should require
17-16 participation.
17-17 Sec. 33.007. RULES. (a) The department [commission] shall
17-18 adopt rules as necessary to enforce this chapter.
17-19 (b) The department [commission] may enforce by injunction or
17-20 other appropriate remedy in courts of competent jurisdiction any
17-21 rule, decisions, determinations, or orders adopted or entered by it
17-22 that do not conflict with a statute. The attorney general shall
17-23 represent the department [commission] on request.
17-24 (c) The department [commission] shall adopt rules in
17-25 accordance with Chapter 2001, Government Code.
17-26 (d) Notwithstanding Subsection (a) [of this section], the
17-27 department [commission] may not adopt rules under this chapter:
18-1 (1) regulating the installation or repair of well
18-2 pumps and equipment by a person who owns or is in control of
18-3 property or the person's employee or a person not hired or
18-4 compensated acting on the person's behalf on the property the
18-5 person owns or controls for the person's own use; or
18-6 (2) requiring a person who owns or is in control of
18-7 property or possesses a well to complete, repair, or retrofit the
18-8 well to any standard other than a standard in effect at the time
18-9 the well was originally completed unless the well is found to be a
18-10 threat to public health and safety or to water quality.
18-11 Sec. 33.008. REVOCATION OF LICENSES. (a) The department
18-12 [commission] may revoke a license, place a licensee on probation,
18-13 or reprimand a licensee for a violation of this chapter or a rule
18-14 adopted under this chapter.
18-15 (b) The department [commission], before revoking a license,
18-16 placing a licensee on probation, or reprimanding a licensee, shall
18-17 notify the licensee in writing of the alleged violation and provide
18-18 the licensee with an opportunity for a hearing. The notice shall
18-19 be given not later than the 10th day before the date set for the
18-20 hearing. The notice shall be made by registered mail to the last
18-21 known business address of the licensee. The licensee, each person
18-22 complaining against the licensee, and any other witness whose
18-23 testimony is relied on to substantiate the charges made may be
18-24 present at the hearing. The licensee may present relevant oral or
18-25 written evidence.
18-26 (c) Each decision and order in a disciplinary hearing
18-27 rendered by the department [commission] must be made in writing and
19-1 must set forth briefly the findings of fact and the department's
19-2 [commission's] conclusions. Parties to the proceedings shall be
19-3 notified of the decision or order not later than the 30th day after
19-4 the conclusion of the hearing.
19-5 SECTION 15. Sections 33.009(a), (b), (d)-(g), (i), and (j),
19-6 Water Code, are amended to read as follows:
19-7 (a) If a person fails to comply with a provision of this
19-8 chapter or a rule adopted by the department [commission] under this
19-9 chapter, the person may be assessed, in addition to other
19-10 penalties, an administrative penalty set by the department
19-11 [commission] in an amount not to exceed $2,500 for each violation.
19-12 (b) In determining the amount of the penalty, the department
19-13 [commission] shall consider the person's history of previous
19-14 violations and the seriousness of the failure to comply.
19-15 (d) If a public hearing is held, the department [commission]
19-16 shall make findings of fact and issue a written decision as to the
19-17 occurrence of the violation and, when appropriate, an order that a
19-18 penalty be paid.
19-19 (e) If the person charged with a violation does not appear
19-20 for the hearing, the department [commission] may assess a penalty
19-21 and issue an order that the penalty be paid after the department
19-22 [commission] has determined that a violation occurred.
19-23 (f) Not later than the 30th day after the date on which an
19-24 order is issued, the department [commission] shall inform a person
19-25 ordered to pay a penalty under this section of the amount of the
19-26 penalty.
19-27 (g) Not later than the 30th day after the date the order
20-1 becomes final under Subchapter F, Chapter 2001, Government Code,
20-2 the person charged with the penalty shall:
20-3 (1) pay the penalty in full;
20-4 (2) forward the amount to the department [commission]
20-5 for placement in an escrow account pending judicial review of the
20-6 matter; or
20-7 (3) post with the department [commission] a
20-8 supersedeas bond for the amount of the penalty until judicial
20-9 review is final.
20-10 (i) If a court determines that a violation has not occurred
20-11 or that the amount of the penalty should be reduced or not
20-12 assessed, the department [commission] shall remit the appropriate
20-13 amount to the person with interest or execute release of the bond.
20-14 (j) An administrative penalty owed under this section may be
20-15 recovered in a civil action brought by the attorney general at the
20-16 request of the department [commission].
20-17 SECTION 16. Sections 33.010-33.013, Water Code, are amended
20-18 to read as follows:
20-19 Sec. 33.010. APPEAL OF DEPARTMENT [COMMISSION] ACTION. (a)
20-20 A person affected by a ruling, order, decision, or other act of the
20-21 department [commission] may appeal by filing a petition in a
20-22 district court in Travis County.
20-23 (b) A petition must be filed not later than the 30th day
20-24 after the date of the department's [commission's] action or, in the
20-25 case of a ruling, order, or decision, not later than the 30th day
20-26 after its effective date.
20-27 (c) Service of citation on the department [commission] shall
21-1 be accomplished not later than the 30th day after the date the
21-2 petition was filed. Citation may be served on the executive
21-3 director.
21-4 (d) The plaintiff must pursue the action with reasonable
21-5 diligence.
21-6 (e) The substantial evidence rule applies in the judicial
21-7 review of any department [commission] action, ruling, order, or
21-8 decision. An administrative or executive action taken before the
21-9 filing of the suit continues in force and effect until the rights
21-10 of the parties are determined by the court.
21-11 Sec. 33.011. COMPLAINTS. (a) The department [commission]
21-12 shall prepare information of consumer interest describing the
21-13 procedures by which consumer complaints under this chapter are
21-14 filed with and resolved by it. The department [commission] shall
21-15 make the information available to the public and appropriate state
21-16 agencies. The council may hear consumer complaints and make
21-17 recommendations to the department as to their disposition.
21-18 (b) If a written complaint under this chapter is filed with
21-19 the department [commission] relating to a licensee, the department
21-20 [commission], at least quarterly, shall notify the parties to the
21-21 complaint of the status of the complaint until final disposition
21-22 unless the notice would jeopardize an undercover investigation.
21-23 The department [commission] shall maintain a file about each
21-24 complaint filed against a licensee.
21-25 Sec. 33.012. DISPOSITION OF REVENUES. (a) The financial
21-26 transactions of the department [commission] in connection with the
21-27 administration of this chapter are subject to audit by the state
22-1 auditor in accordance with Chapter 321, Government Code.
22-2 (b) All money collected by the department [commission] under
22-3 this chapter shall be deposited to the credit of the water well
22-4 drillers fund account in the general revenue fund and may be used
22-5 only to administer this chapter. The department shall allocate not
22-6 more than 20 percent of the money in the account to cover
22-7 administrative costs of the department.
22-8 Sec. 33.013. CIVIL PENALTY. A person who fails to comply
22-9 with this chapter or a rule adopted by the department [commission]
22-10 under this chapter is subject to a civil penalty of not less than
22-11 $200 or more than $1,000 for each day of noncompliance or each act
22-12 of noncompliance as determined by the court. The department
22-13 [commission] may also seek injunctive relief for a violation of
22-14 this chapter. The action may be brought by the department
22-15 [commission] in any court of competent jurisdiction in Travis
22-16 County in which the offending activity occurred or in which the
22-17 person resides. At the request of the executive director, the
22-18 attorney general shall bring an action in the name of the state for
22-19 injunctive relief, to recover the civil penalty, or for both the
22-20 injunctive relief and civil penalty, as authorized by this section.
22-21 A party to an action may appeal from a final judgment as in other
22-22 civil cases. The obtaining of a license under this chapter by a
22-23 person does not relieve the person from liability under law.
22-24 SECTION 17. Sections 33.014(a) and (b), Water Code, are
22-25 amended to read as follows:
22-26 (a) Each installer licensed under this chapter shall install
22-27 or repair pumps under standards and procedures adopted by the
23-1 department [commission] with the advice of the council.
23-2 (b) Each licensed installer shall notify the department
23-3 [commission] and the landowner or person having a pump installed or
23-4 repaired when the installer encounters water injurious to
23-5 vegetation, land, or other water, and the installer shall repair or
23-6 properly complete the well in order to avoid injury or pollution.
23-7 The installer shall ensure that the well is repaired or properly
23-8 completed under standards and procedures adopted by the department
23-9 [commission].
23-10 SECTION 18. Section 33.015, Water Code, is amended to read
23-11 as follows:
23-12 Sec. 33.015. TRANSFER OF FUNCTIONS. If the functions of the
23-13 department [commission] necessary to the proper implementation of
23-14 its duties under this chapter are transferred to any other agency,
23-15 the powers and duties given to the department [commission] in this
23-16 chapter shall be transferred to the other agency.
23-17 SECTION 19. (a) This Act takes effect September 1, 1997.
23-18 (b) On the effective date of this Act and except as
23-19 otherwise provided by this Act, all powers and duties of the Texas
23-20 Natural Resource Conservation Commission under Chapters 32 and 33,
23-21 Water Code, and all obligations, rights, contracts, records, real
23-22 or personal property, and personnel of the commission relating to
23-23 those powers and duties are transferred to the Texas Department of
23-24 Licensing and Regulation.
23-25 (c) An obligation payable by the Texas Natural Resource
23-26 Conservation Commission from the water well drillers fund account
23-27 established by Sections 32.014 and 33.012, Water Code, that is
24-1 transferred by this Act to the Texas Department of Licensing and
24-2 Regulation may be paid under applicable law by the department from
24-3 the unexpended balance of an appropriation from the fund made to
24-4 the commission for the state fiscal biennium ending August 31,
24-5 1997.
24-6 (d) An appropriation to the Texas Natural Resource
24-7 Conservation Commission for the state fiscal biennium beginning
24-8 September 1, 1997, for the performance of a power or duty under
24-9 Chapter 32 or 33, Water Code, transferred under this Act to the
24-10 Texas Department of Licensing and Regulation is transferred to the
24-11 department on that date.
24-12 SECTION 20. The importance of this legislation and the
24-13 crowded condition of the calendars in both houses create an
24-14 emergency and an imperative public necessity that the
24-15 constitutional rule requiring bills to be read on three several
24-16 days in each house be suspended, and this rule is hereby suspended.