1-1 By: Pitts (Senate Sponsor - Brown) H.B. No. 66
1-2 (In the Senate - Received from the House April 23, 2001;
1-3 April 24, 2001, read first time and referred to Committee on
1-4 Natural Resources; May 11, 2001, reported favorably, as amended, by
1-5 the following vote: Yeas 7, Nays 0; May 11, 2001, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Brown
1-8 Amend HB 66 as follows:
1-9 On page 1, section 2, beginning on line 37, strike existing
1-10 subsection (e) and replace with the following new subsection (e):
1-11 (e) A[Except as provided by Section 32.003, a] license issued
1-12 under this chapter expires annually [August 31 of each year]. On
1-13 or before the license renewal day, each licensee shall pay an
1-14 annual fee to the department to renew the license. [The department
1-15 shall notify each licensee in writing of the impending license
1-16 expiration not later than August 1 of each year.] If a person's
1-17 license has been expired for 90 days or less, the person may renew
1-18 the license by paying to the department the required renewal fee
1-19 and a late fee that is equal to one-half of the examination fee for
1-20 the license. If a person's license has been expired for more than
1-21 90 days but less than two years, the person may renew the license
1-22 by paying to the department all unpaid renewal fees and a late fee
1-23 that is equal to the examination fee for the license. If a
1-24 person's license has been expired for two years or more, the person
1-25 may not renew the license. The person may obtain a new license by
1-26 submitting to reexamination and complying with the requirements and
1-27 procedures for obtaining an original license.
1-28 A BILL TO BE ENTITLED
1-29 AN ACT
1-30 relating to the regulation of certain water well drillers.
1-31 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-32 SECTION 1. The heading to Section 32.002, Water Code, is
1-33 amended to read as follows:
1-34 Sec. 32.002. LICENSE REQUIREMENTS [REQUIRED].
1-35 SECTION 2. Section 32.002(e), Water Code, is amended to read
1-36 as follows:
1-37 (e) A [Except as provided by Section 32.003, a] license
1-38 issued under this chapter expires annually [August 31 of each year.
1-39 On or before that day, each licensee shall pay an annual fee to the
1-40 department to renew the license. The department shall notify each
1-41 licensee in writing of the licensee's impending license expiration
1-42 not later than August 1 of each year]. If a person's license has
1-43 been expired for 90 days or less, the person may renew the license
1-44 by paying to the department the required renewal fee and a late fee
1-45 equal to one-half of the examination fee for the license. If a
1-46 person's license has been expired for more than 90 days but less
1-47 than two years, the person may renew the license by paying to the
1-48 department all unpaid renewal fees and a late fee that is equal to
1-49 the examination fee for the license. If a person's license has
1-50 been expired for two years or more, the person may not renew the
1-51 license. The person may obtain a new license by submitting to
1-52 reexamination and complying with the requirements and procedures
1-53 for obtaining an original license.
1-54 SECTION 3. Section 32.006(i), Water Code, is amended to read
1-55 as follows:
1-56 (i) [A member of the council is entitled to a per diem as
1-57 set by legislative appropriation for each day that the member
1-58 engages in the business of the council.] A member of the council
1-59 may receive compensation for travel expenses, including expenses
1-60 for meals and lodging. A member is entitled to compensation for
1-61 transportation expenses as prescribed by the General Appropriations
1-62 Act.
1-63 SECTION 4. Section 32.011, Water Code, is amended to read as
2-1 follows:
2-2 Sec. 32.011. ADMINISTRATIVE PENALTY. [(a)] If a person
2-3 fails to comply with a provision of this chapter or a rule adopted
2-4 by the department under this chapter, the person may be assessed,
2-5 in addition to other penalties, an administrative penalty set by
2-6 the department in an amount not to exceed $2,500 for each
2-7 violation.
2-8 [(b) In determining the amount of the penalty, the
2-9 department shall consider the person's history of previous
2-10 violations and the seriousness of the failure to comply.]
2-11 [(c) An administrative penalty may be assessed under this
2-12 section only after the person charged with a violation has been
2-13 given an opportunity for a public hearing.]
2-14 [(d) If a public hearing is held, the department shall make
2-15 findings of fact and issue a written decision as to the occurrence
2-16 of the violation and, when appropriate, an order that a penalty be
2-17 paid.]
2-18 [(e) If the person charged with a violation does not appear
2-19 for the hearing, the department may assess a penalty and issue an
2-20 order that the penalty be paid after the department has determined
2-21 that a violation occurred.]
2-22 [(f) Not later than the 30th day after the date on which an
2-23 order is issued, the department shall inform a person ordered to
2-24 pay a penalty under this section of the amount of the penalty.]
2-25 [(g) Not later than the 30th day after the date the order
2-26 becomes final under Subchapter F, Chapter 2001, Government Code,
2-27 the person charged with the penalty shall:]
2-28 [(1) pay the penalty in full;]
2-29 [(2) forward the amount to the department for
2-30 placement in an escrow account pending judicial review of the
2-31 matter; or]
2-32 [(3) post with the department a supersedeas bond for
2-33 the amount of the penalty until judicial review is final.]
2-34 [(i) If a court determines that a violation has not occurred
2-35 or that the amount of the penalty should be reduced or not
2-36 assessed, the department shall remit the appropriate amount to the
2-37 person with interest or execute release of the bond.]
2-38 [(j) An administrative penalty owed under this section may
2-39 be recovered in a civil action brought by the attorney general at
2-40 the request of the department.]
2-41 SECTION 5. The following laws are repealed:
2-42 (1) Section 32.002(j), Water Code;
2-43 (2) Sections 32.010(c) and (d), Water Code;
2-44 (3) Section 32.012, Water Code; and
2-45 (4) Section 32.013, Water Code.
2-46 SECTION 6. (a) This Act takes effect September 1, 2001.
2-47 (b) Section 32.002(e), Water Code, as amended by this Act,
2-48 applies only to licenses that expire on or after the effective date
2-49 of this Act. Licenses that expire before that date are governed by
2-50 the law in effect on the date the license expires, and the former
2-51 law is continued in effect for that purpose.
2-52 * * * * *