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