By Pitts                                                H.B. No. 66
         77R780 JAT-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of certain water well drillers.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. The heading to Section 32.002, Water Code, is
 1-5     amended to read as follows:
 1-6           Sec. 32.002.  LICENSE REQUIREMENTS [REQUIRED].
 1-7           SECTION 2. Section 32.002(e), Water Code, is amended to read
 1-8     as follows:
 1-9           (e)  A [Except as provided by Section 32.003, a] license
1-10     issued under this chapter expires annually [August 31 of each year.
1-11     On or before that day, each licensee shall pay an annual fee to the
1-12     department to renew the license.  The department shall notify each
1-13     licensee in writing of the licensee's impending license expiration
1-14     not later than August 1 of each year].  If a person's license has
1-15     been expired for 90 days or less, the person may renew the license
1-16     by paying to the department the required renewal fee and a late fee
1-17     equal to one-half of the examination fee for the license.  If a
1-18     person's license has been expired for more than 90 days but less
1-19     than two years, the person may renew the license by paying to the
1-20     department all unpaid renewal fees and a late fee that is equal to
1-21     the examination fee for the license.  If a person's license has
1-22     been expired for two years or more, the person may not renew the
1-23     license.  The person may obtain a new license by submitting to
1-24     reexamination and complying with the requirements and procedures
 2-1     for obtaining an original license.
 2-2           SECTION 3. Section 32.006(i), Water Code, is amended to read
 2-3     as follows:
 2-4           (i)  [A member of the council is entitled to a per diem as
 2-5     set by legislative appropriation for each day that the member
 2-6     engages in the business of the council.]  A member of the council
 2-7     may receive compensation for travel expenses, including expenses
 2-8     for meals and lodging.  A member is entitled to compensation for
 2-9     transportation expenses as prescribed by the General Appropriations
2-10     Act.
2-11           SECTION 4. Section 32.011, Water Code, is amended to read as
2-12     follows:
2-13           Sec. 32.011.  ADMINISTRATIVE PENALTY. [(a)]  If a person
2-14     fails to comply with a provision of this chapter or a rule adopted
2-15     by the department under this chapter, the person may be assessed,
2-16     in addition to other penalties, an administrative penalty set by
2-17     the department in an amount not to exceed $2,500 for each
2-18     violation.
2-19           [(b)  In determining the amount of the penalty, the
2-20     department shall consider the person's history of previous
2-21     violations and the seriousness of the failure to comply.]
2-22           [(c)  An administrative penalty may be assessed under this
2-23     section only after the person charged with a violation has been
2-24     given an opportunity for a public hearing.]
2-25           [(d)  If a public hearing is held, the department shall make
2-26     findings of fact and issue a written decision as to the occurrence
2-27     of the violation and, when appropriate, an order that a penalty be
 3-1     paid.]
 3-2           [(e)  If the person charged with a violation does not appear
 3-3     for the hearing, the department may assess a penalty and issue an
 3-4     order that the penalty be paid after the department has determined
 3-5     that a violation occurred.]
 3-6           [(f)  Not later than the 30th day after the date on which an
 3-7     order is issued, the department shall inform a person ordered to
 3-8     pay a penalty under this section of the amount of the penalty.]
 3-9           [(g)  Not later than the 30th day after the date the order
3-10     becomes final under Subchapter F, Chapter 2001, Government Code,
3-11     the person charged with the penalty shall:]
3-12                 [(1)  pay the penalty in full;]
3-13                 [(2)  forward the amount to the department for
3-14     placement in an escrow account pending judicial review of the
3-15     matter; or]
3-16                 [(3)  post with the department a supersedeas bond for
3-17     the amount of the penalty until judicial review is final.]
3-18           [(i)  If a court determines that a violation has not occurred
3-19     or that the amount of the penalty should be reduced or not
3-20     assessed, the department shall remit the appropriate amount to the
3-21     person with interest or execute release of the bond.]
3-22           [(j)  An administrative penalty owed under this section may
3-23     be recovered in a civil action brought by the attorney general at
3-24     the request of the department.]
3-25           SECTION 5. The following laws are repealed:
3-26                 (1)  Section 32.002(j), Water Code;
3-27                 (2)  Sections 32.010(c) and (d), Water Code;
 4-1                 (3)  Section 32.012, Water Code; and
 4-2                 (4)  Section 32.013, Water Code.
 4-3           SECTION 6. (a)  This Act takes effect September 1, 2001.
 4-4           (b)  Section 32.002(e), Water Code, as amended by this Act,
 4-5     applies only to licenses that expire on or after the effective date
 4-6     of this Act.  Licenses that expire before that date are governed by
 4-7     the law in effect on the date the license expires, and the former
 4-8     law is continued in effect for that purpose.