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
 1-6     printer.)
 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
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
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.
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