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.