SRC-PNG H.B. 3330 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3330
By: Walker (Duncan)
Natural Resources
5/5/1999
Engrossed


DIGEST 

Currently, Chapter 32 of the Water Code regulates water well drillers.
This bill would modify the grounds for water well driller license
revocation, suspension, and reprimand, and would modify the enforcement
process, allowing for administrative penalties for violations, and would
set a time limit on the right to contest an order issued by the Texas
Commission on Licensing and Regulation.  

PURPOSE

As proposed, H.B. 3330 modifies the grounds for water well driller license
revocation, suspension, and reprimand, and modifies the enforcement
process, allowing for administrative penalties for violations, and sets a
time limit on the right to contest an order issued by the Texas Commission
on Licensing and Regulation.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 32.010, Water Code, by adding Subsection (b), as
follows: 

(b) Provides that grounds for revocation, suspension, or reprimand of a
water well driller's license include intentionally misstating or
misrepresenting a fact on an application or well log or to a person for
whom a well is being drilled, deepened, or otherwise altered; failing to
keep and transmit well logs; failing to register a well; failing to advise
a person for whom a well is being drilled of specified hazards; failing to
complete a well in accordance with standards and procedures; or being an
incompetent driller. 

SECTION 2.  Amends Section 32.011, Water Code, by adding Subsection (c), as
follows: 

(c) Authorizes the assessment of an administrative penalty only after the
person charged with a violation has been given an opportunity for a public
hearing. 

SECTION 3.  Amends Section 32.014(b), Water Code, to require money
collected under this chapter to be deposited to the credit of the water
well drillers account, rather than the commission occupational licensing
account. 

SECTION 4. Amends Section 32.012(b), Water Code, to require money collected
under this chapter to be deposited to the credit of the water well drillers
account, rather than the commission occupational licensing account. 

SECTION 5. Emergency clause.
  Effective date: upon passage.