By Walker H.B. No. 3330
76R7475 SMJ-F
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 advise a person for whom a well is
1-15 being drilled that:
1-16 (A) injurious water has been encountered;
1-17 (B) the water is a pollution hazard; and
1-18 (C) the well must be immediately plugged in an
1-19 acceptable manner;
1-20 (4) failing to complete a well in accordance with
1-21 standards and procedures adopted by the department; or
1-22 (5) being an incompetent driller.
1-23 SECTION 2. Section 32.011, Water Code, is amended by adding
1-24 Subsection (c) to read as follows:
2-1 (c) An administrative penalty may be assessed under this
2-2 section only after the person charged with a violation has been
2-3 given an opportunity for a public hearing.
2-4 SECTION 3. Section 32.014(b), Water Code, as amended by
2-5 Chapters 333 and 1077, Acts of the 75th Legislature, Regular
2-6 Session, 1997, is amended to read as follows:
2-7 (b) All money collected by the department under this chapter
2-8 shall be deposited to the credit of the water well drillers
2-9 [commission occupational licensing] account in the general revenue
2-10 fund and may be used only to administer this chapter. The
2-11 department shall allocate not more than 20 percent of the money in
2-12 the account to cover administrative costs of the department.
2-13 SECTION 4. Section 33.012(b), Water Code, as amended by
2-14 Chapters 333 and 1077, Acts of the 75th Legislature, Regular
2-15 Session, 1997, is amended to read as follows:
2-16 (b) All money collected by the department under this chapter
2-17 shall be deposited to the credit of the water well drillers
2-18 [commission occupational licensing] account in the general revenue
2-19 fund and may be used only to administer this chapter. The
2-20 department shall allocate not more than 20 percent of the money in
2-21 the account to cover administrative costs of the department.
2-22 SECTION 5. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended,
2-27 and that this Act take effect and be in force from and after its
3-1 passage, and it is so enacted.