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


Senate Research CenterH.B. 3330
By: Walker (Duncan)
Natural Resources
5/9/1999
Committee Report (Amended)


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 32.002, Water Code, by adding Subsection (k), to
provide that this section does not apply to a person who drills, bores,
cores, or constructs a dewatering well or system to remove water for the
purposes of constructing a highway, road, bridge, drainage, or underground
utility project. 

SECTION 2. Amends Section 32.010, Water Code, by adding Subsection (b), to
provide 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 advise a person for whom a well is being drilled of
specified hazards; or failing to complete a well in accordance with
standards and procedures. 

SECTION 3.  Amends Section 32.011, Water Code, by adding Subsection (c), to
authorize the assessment of an administrative penalty only after the person
charged with a violation has been given an opportunity for a public
hearing. 

SECTION 4.  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 5. 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 6. Amends Section 33.002, Water Code, by adding Subsection (j), to
provide that this section does not apply to a person who drills, bores,
cores, or constructs a dewatering well or system to remove water for the
purposes of constructing a highway, road, bridge, drainage, or underground
utility project. 

 SECTION 7. Emergency clause.
  Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 32.002, Water Code, by adding Subsection (k), to provide
that this section does not apply to a person who drills, bores, cores, or
constructs a dewatering well or system to remove water for the purposes of
constructing a highway, road, bridge, drainage, or underground utility
project.  Redesignates proposed SECTION 1 as SECTION 2, and renumbers
subsequent SECTIONS appropriately. 

SECTION 2. 

Amends Section 32.010(b), Water Code, to delete text providing that grounds
for revocation, suspension, or reprimand of a water well driller's license
include failing to register a well, and being an incompetent driller.
Makes conforming changes. 

SECTION 6. 

Amends Section 33.002, Water Code, by adding Subsection (j), to provide
that this section does not apply to a person who drills, bores, cores, or
constructs a dewatering well or system to remove water for the purposes of
constructing a highway, road, bridge, drainage, or underground utility
project.  Redesignates proposed SECTION 6 as SECTION 7.