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.