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 32.002, Water Code, is amended by adding
1-6 Subsection (k) to read as follows:
1-7 (k) This section does not apply to a person who drills,
1-8 bores, cores, or constructs a dewatering well or system to remove
1-9 water for the purposes of constructing a highway, road, bridge,
1-10 drainage, or underground utility project.
1-11 SECTION 2. Section 32.010, Water Code, is amended by adding
1-12 Subsection (b) to read as follows:
1-13 (b) Grounds for revocation, suspension, placement on
1-14 probation, or reprimand under Subsection (a) include:
1-15 (1) intentionally misstating or misrepresenting a fact
1-16 on an application or well log or to a person for whom a well is
1-17 being drilled, deepened, or otherwise altered;
1-18 (2) failing to keep and transmit well logs as required
1-19 by Section 32.005;
1-20 (3) failing to advise a person for whom a well is
1-21 being drilled that:
1-22 (A) injurious water has been encountered;
1-23 (B) the water is a pollution hazard; and
1-24 (C) the well must be immediately plugged in an
2-1 acceptable manner; or
2-2 (4) failing to complete a well in accordance with
2-3 standards and procedures adopted by the department.
2-4 SECTION 3. Section 32.011, Water Code, is amended by adding
2-5 Subsection (c) to read as follows:
2-6 (c) An administrative penalty may be assessed under this
2-7 section only after the person charged with a violation has been
2-8 given an opportunity for a public hearing.
2-9 SECTION 4. Section 32.014(b), Water Code, as amended by
2-10 Chapters 333 and 1077, Acts of the 75th Legislature, Regular
2-11 Session, 1997, is amended to read as follows:
2-12 (b) All money collected by the department under this chapter
2-13 shall be deposited to the credit of the water well drillers
2-14 [commission occupational licensing] account in the general revenue
2-15 fund and may be used only to administer this chapter. The
2-16 department shall allocate not more than 20 percent of the money in
2-17 the account to cover administrative costs of the department.
2-18 SECTION 5. Section 33.012(b), Water Code, as amended by
2-19 Chapters 333 and 1077, Acts of the 75th Legislature, Regular
2-20 Session, 1997, is amended to read as follows:
2-21 (b) All money collected by the department under this chapter
2-22 shall be deposited to the credit of the water well drillers
2-23 [commission occupational licensing] account in the general revenue
2-24 fund and may be used only to administer this chapter. The
2-25 department shall allocate not more than 20 percent of the money in
2-26 the account to cover administrative costs of the department.
2-27 SECTION 6. Section 33.002, Water Code, is amended by adding
3-1 Subsection (j) to read as follows:
3-2 (j) This section does not apply to a person who installs or
3-3 repairs well pumps and equipment to remove water for the purposes
3-4 of constructing a highway, road, bridge, drainage, or underground
3-5 utility project.
3-6 SECTION 7. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended,
3-11 and that this Act take effect and be in force from and after its
3-12 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3330 was passed by the House on April
16, 1999, by the following vote: Yeas 136, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3330 on May 19, 1999, by the following vote: Yeas 144, Nays 0,
1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3330 was passed by the Senate, with
amendments, on May 17, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor