By Pitts H.B. No. 71
77R839 JAT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of certain water well pump installers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The heading to Section 33.002, Water Code, is
1-5 amended to read as follows:
1-6 Sec. 33.002. LICENSE REQUIREMENTS [REQUIRED].
1-7 SECTION 2. Section 33.002(d), Water Code, is amended to read
1-8 as follows:
1-9 (d) A [Except as provided by Section 33.003, a] license
1-10 issued under this chapter expires annually [on August 31 of each
1-11 year. On or before that day, each licensee shall pay an annual fee
1-12 to the department to renew the license. The department shall
1-13 notify each licensee in writing of the 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 that is equal to one-half of the examination fee for the license.
1-18 If a person's license has been expired for more than 90 days but
1-19 less than two years, the person may renew the license by paying to
1-20 the department all unpaid renewal fees and a late fee that is equal
1-21 to the examination fee for the license. If a person's license has
1-22 been expired 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 for obtaining an
2-1 original license.
2-2 SECTION 3. Section 33.008, Water Code, is amended to read as
2-3 follows:
2-4 Sec. 33.008. REVOCATION OF LICENSES. [(a)] The department
2-5 may revoke a license, place a licensee on probation, or reprimand a
2-6 licensee for a violation of this chapter or a rule adopted under
2-7 this chapter.
2-8 [(b) The department, before revoking a license, placing a
2-9 licensee on probation, or reprimanding a licensee, shall notify the
2-10 licensee in writing of the alleged violation and provide the
2-11 licensee with an opportunity for a hearing. The notice shall be
2-12 given not later than the 10th day before the date set for the
2-13 hearing. The notice shall be made by registered mail to the last
2-14 known business address of the licensee. The licensee, each person
2-15 complaining against the licensee, and any other witness whose
2-16 testimony is relied on to substantiate the charges made may be
2-17 present at the hearing. The licensee may present relevant oral or
2-18 written evidence.]
2-19 [(c) Each decision and order in a disciplinary hearing
2-20 rendered by the department must be made in writing and must set
2-21 forth briefly the findings of fact and the department's
2-22 conclusions. Parties to the proceedings shall be notified of the
2-23 decision or order not later than the 30th day after the conclusion
2-24 of the hearing.]
2-25 SECTION 4. Section 33.009, Water Code, is amended to read as
2-26 follows:
2-27 Sec. 33.009. ADMINISTRATIVE PENALTY. [(a)] If a person
3-1 fails to comply with a provision of this chapter or a rule adopted
3-2 by the department under this chapter, the person may be assessed,
3-3 in addition to other penalties, an administrative penalty set by
3-4 the department in an amount not to exceed $2,500 for each
3-5 violation.
3-6 [(b) In determining the amount of the penalty, the
3-7 department shall consider the person's history of previous
3-8 violations and the seriousness of the failure to comply.]
3-9 [(c) An administrative penalty may be assessed under this
3-10 section only after the person charged with a violation has been
3-11 given an opportunity for a public hearing.]
3-12 [(d) If a public hearing is held, the department shall make
3-13 findings of fact and issue a written decision as to the occurrence
3-14 of the violation and, when appropriate, an order that a penalty be
3-15 paid.]
3-16 [(e) If the person charged with a violation does not appear
3-17 for the hearing, the department may assess a penalty and issue an
3-18 order that the penalty be paid after the department has determined
3-19 that a violation occurred.]
3-20 [(f) Not later than the 30th day after the date on which an
3-21 order is issued, the department shall inform a person ordered to
3-22 pay a penalty under this section of the amount of the penalty.]
3-23 [(g) Not later than the 30th day after the date the order
3-24 becomes final under Subchapter F, Chapter 2001, Government Code,
3-25 the person charged with the penalty shall:]
3-26 [(1) pay the penalty in full;]
3-27 [(2) forward the amount to the department for
4-1 placement in an escrow account pending judicial review of the
4-2 matter; or]
4-3 [(3) post with the department a supersedeas bond for
4-4 the amount of the penalty until judicial review is final.]
4-5 [(i) If a court determines that a violation has not occurred
4-6 or that the amount of the penalty should be reduced or not
4-7 assessed, the department shall remit the appropriate amount to the
4-8 person with interest or execute release of the bond.]
4-9 [(j) An administrative penalty owed under this section may
4-10 be recovered in a civil action brought by the attorney general at
4-11 the request of the department.]
4-12 SECTION 5. The following laws are repealed:
4-13 (1) Section 33.002(i), Water Code;
4-14 (2) Section 33.010, Water Code; and
4-15 (3) Section 33.011, Water Code.
4-16 SECTION 6. (a) This Act takes effect September 1, 2001.
4-17 (b) Section 33.002(d), Water Code, as amended by this Act,
4-18 applies only to licenses that expire on or after the effective date
4-19 of this Act. Licenses that expire before that date are governed by
4-20 the law in effect on the date the license expires, and the former
4-21 law is continued in effect for that purpose.