By Walker H.B. No. 3330
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration of regulations for water well
1-3 drillers and water well pump installers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 32.010, Water Code, is amended by adding
1-6 Subsection (b) to read as follows:
1-7 (b) Grounds for revocation, suspension, placement on
1-8 probation, or reprimand under Subsection (a) include:
1-9 (1) intentionally misstating or misrepresenting a fact
1-10 on an application or well log or to a person for whom a well is
1-11 being drilled, deepened, or otherwise altered;
1-12 (2) failing to keep and transmit well logs as required
1-13 by Section 32.005;
1-14 (3) failing to register a well as required by Section
1-15 36.117(g), Water Code;
1-16 (4) failing to advise a person for whom a well is
1-17 being drilled that:
1-18 (A) injurious water has been encountered;
1-19 (B) the water is a pollution hazard; and
1-20 (C) the well must be immediately plugged in an
1-21 acceptable manner;
1-22 (5) failing to complete a well in accordance with
1-23 standards and procedures adopted by the department; or
1-24 (6) being an incompetent driller.
2-1 SECTION 2. Section 32.011, Water Code, is amended by adding
2-2 Subsection (c) to read as follows:
2-3 (c) An administrative penalty may be assessed under this
2-4 section only after the person charged with a violation has been
2-5 given an opportunity for a public hearing.
2-6 SECTION 3. Section 32.014(b), Water Code, as amended by
2-7 Chapters 333 and 1077, Acts of the 75th Legislature, Regular
2-8 Session, 1997, is amended to read as follows:
2-9 (b) All money collected by the department under this chapter
2-10 shall be deposited to the credit of the water well drillers
2-11 [commission occupational licensing] account in the general revenue
2-12 fund and may be used only to administer this chapter. The
2-13 department shall allocate not more than 20 percent of the money in
2-14 the account to cover administrative costs of the department.
2-15 SECTION 4. Section 33.012(b), Water Code, as amended by
2-16 Chapters 333 and 1077, Acts of the 75th Legislature, Regular
2-17 Session, 1997, is amended to read as follows:
2-18 (b) All money collected by the department under this chapter
2-19 shall be deposited to the credit of the water well drillers
2-20 [commission occupational licensing] account in the general revenue
2-21 fund and may be used only to administer this chapter. The
2-22 department shall allocate not more than 20 percent of the money in
2-23 the account to cover administrative costs of the department.
2-24 SECTION 5. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended,
3-2 and that this Act take effect and be in force from and after its
3-3 passage, and it is so enacted.