1-1 By: Walker (Senate Sponsor - Duncan) H.B. No. 3330
1-2 (In the Senate - Received from the House April 19, 1999;
1-3 April 20, 1999, read first time and referred to Committee on
1-4 Natural Resources; May 10, 1999, reported favorably, as amended, by
1-5 the following vote: Yeas 6, Nays 0; May 10, 1999, sent to
1-7 COMMITTEE AMENDMENT NO. 1 By: Armbrister
1-8 1. Amend H.B. 3330 by deleting proposed subdivision (b)(3) of
1-9 Section 32.010, Water Code, at page 1, lines 49 and 50, and
1-10 renumbering subsequent sections appropriately.
1-11 COMMITTEE AMENDMENT NO. 2 By: Armbrister
1-12 1. Amend H.B. 3330 as follows:
1-13 a) By adding a new SECTION 1 at page 1, line 40 to read as
1-14 follows and renumbering subsequent SECTIONs appropriately:
1-15 SECTION 1. Sec. 32.002, Water Code, is amended by adding
1-16 subsection (k) to read as follows:
1-17 (k) This Section does not apply to a person who drills,
1-18 bores, cores or constructs a dewatering well or system to remove
1-19 water for the purposes of constructing a highway, road, bridge,
1-20 drainage, or underground utility project.
1-21 b) By adding a new SECTION 6 at page 2, line 24 to read as
1-22 follows and renumbering subsequent SECTIONs appropriately:
1-23 SECTION 6. Sec. 33.002, Water Code, is amended by adding
1-24 subsection (j) to read as follows:
1-25 (j) This section does not apply to a person who installs or
1-26 repairs well pumps and equipment to remove water for the purposes
1-27 of constructing a highway, road, bridge, drainage, or underground
1-28 utility project.
1-29 COMMITTEE AMENDMENT NO. 3 By: Armbrister
1-30 Amend H.B. 3330, House engrossed version, as follows:
1-31 On page 1, line 56 add the word "or" after the semicolon.
1-32 On page 1, line 58, after the word "department", delete ";or" and
1-33 replace it with a period.
1-34 On page 1, line 59, delete subsection (6) in its entirety.
1-35 A BILL TO BE ENTITLED
1-36 AN ACT
1-37 relating to the administration of regulations for water well
1-38 drillers and water well pump installers.
1-39 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-40 SECTION 1. Section 32.010, Water Code, is amended by adding
1-41 Subsection (b) to read as follows:
1-42 (b) Grounds for revocation, suspension, placement on
1-43 probation, or reprimand under Subsection (a) include:
1-44 (1) intentionally misstating or misrepresenting a fact
1-45 on an application or well log or to a person for whom a well is
1-46 being drilled, deepened, or otherwise altered;
1-47 (2) failing to keep and transmit well logs as required
1-48 by Section 32.005;
1-49 (3) failing to register a well as required by Section
1-50 36.117(g), Water Code;
1-51 (4) failing to advise a person for whom a well is
1-52 being drilled that:
1-53 (A) injurious water has been encountered;
1-54 (B) the water is a pollution hazard; and
1-55 (C) the well must be immediately plugged in an
1-56 acceptable manner;
1-57 (5) failing to complete a well in accordance with
1-58 standards and procedures adopted by the department; or
1-59 (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
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
2-28 days in each house be suspended, and this rule is hereby suspended,
2-29 and that this Act take effect and be in force from and after its
2-30 passage, and it is so enacted.
2-31 * * * * *