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
1-11 year]. On or before the license renewal [that] day, each licensee
1-12 shall pay an annual fee to the department to renew the license.
1-13 [The department shall notify each licensee in writing of the
1-14 licensee's impending license expiration not later than August 1 of
1-15 each year.] If a person's license has been expired for 90 days or
1-16 less, the person may renew the license by paying to the department
1-17 the required renewal fee and a late fee that is equal to one-half
1-18 of the examination fee for the license. If a person's license has
1-19 been expired for more than 90 days but less than two years, the
1-20 person may renew the license by paying to the department all unpaid
1-21 renewal fees and a late fee that is equal to the examination fee
1-22 for the license. If a person's license has been expired for two
1-23 years or more, the person may not renew the license. The person
1-24 may obtain a new license by submitting to reexamination and
2-1 complying with the requirements and procedures for obtaining an
2-2 original license.
2-3 SECTION 3. Section 32.006(i), Water Code, is amended to read
2-4 as follows:
2-5 (i) [A member of the council is entitled to a per diem as
2-6 set by legislative appropriation for each day that the member
2-7 engages in the business of the council.] A member of the council
2-8 may receive compensation for travel expenses, including expenses
2-9 for meals and lodging. A member is entitled to compensation for
2-10 transportation expenses as prescribed by the General Appropriations
2-11 Act.
2-12 SECTION 4. Section 32.011, Water Code, is amended to read as
2-13 follows:
2-14 Sec. 32.011. ADMINISTRATIVE PENALTY. [(a)] If a person
2-15 fails to comply with a provision of this chapter or a rule adopted
2-16 by the department under this chapter, the person may be assessed,
2-17 in addition to other penalties, an administrative penalty set by
2-18 the department in an amount not to exceed $2,500 for each
2-19 violation.
2-20 [(b) In determining the amount of the penalty, the
2-21 department shall consider the person's history of previous
2-22 violations and the seriousness of the failure to comply.]
2-23 [(c) An administrative penalty may be assessed under this
2-24 section only after the person charged with a violation has been
2-25 given an opportunity for a public hearing.]
2-26 [(d) If a public hearing is held, the department shall make
2-27 findings of fact and issue a written decision as to the occurrence
3-1 of the violation and, when appropriate, an order that a penalty be
3-2 paid.]
3-3 [(e) If the person charged with a violation does not appear
3-4 for the hearing, the department may assess a penalty and issue an
3-5 order that the penalty be paid after the department has determined
3-6 that a violation occurred.]
3-7 [(f) Not later than the 30th day after the date on which an
3-8 order is issued, the department shall inform a person ordered to
3-9 pay a penalty under this section of the amount of the penalty.]
3-10 [(g) Not later than the 30th day after the date the order
3-11 becomes final under Subchapter F, Chapter 2001, Government Code,
3-12 the person charged with the penalty shall:]
3-13 [(1) pay the penalty in full;]
3-14 [(2) forward the amount to the department for
3-15 placement in an escrow account pending judicial review of the
3-16 matter; or]
3-17 [(3) post with the department a supersedeas bond for
3-18 the amount of the penalty until judicial review is final.]
3-19 [(i) If a court determines that a violation has not occurred
3-20 or that the amount of the penalty should be reduced or not
3-21 assessed, the department shall remit the appropriate amount to the
3-22 person with interest or execute release of the bond.]
3-23 [(j) An administrative penalty owed under this section may
3-24 be recovered in a civil action brought by the attorney general at
3-25 the request of the department.]
3-26 SECTION 5. The following laws are repealed:
3-27 (1) Section 32.002(j), Water Code;
4-1 (2) Sections 32.010(c) and (d), Water Code;
4-2 (3) Section 32.012, Water Code; and
4-3 (4) Section 32.013, Water Code.
4-4 SECTION 6. (a) This Act takes effect September 1, 2001.
4-5 (b) Section 32.002(e), Water Code, as amended by this Act,
4-6 applies only to licenses that expire on or after the effective date
4-7 of this Act. Licenses that expire before that date are governed by
4-8 the law in effect on the date the license expires, and the former
4-9 law is continued in effect for that purpose.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 66 was passed by the House on April
20, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 66 on May 24, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 66 was passed by the Senate, with
amendments, on May 22, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor