1-1     By:  Pitts (Senate Sponsor - Brown)                     H.B. No. 71
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Natural
 1-4     Resources; May 11, 2001, reported favorably, as amended, by the
 1-5     following vote:  Yeas 7, Nays 0; May 11, 2001, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                                By:  Brown
 1-7     Amend HB 71 as follows:
 1-8     On page 1, section 2, beginning on line 36, strike existing
 1-9     subsection (d) and replace with the following new subsection (d):
1-10           (d)  A [Except as provided by Section 33.003, a] license
1-11     issued under this chapter expires annually [on August 31 of each
1-12     year].  On or before the license renewal day, each licensee shall
1-13     pay an annual fee to the department to renew the license. [The
1-14     department shall notify each licensee in writing of the impending
1-15     license expiration not later than August 1 of each year.]  If a
1-16     person's license has been expired for 90 days or less, the person
1-17     may renew the license by paying to the department the required
1-18     renewal fee and a late fee that is equal to one-half of the
1-19     examination fee for the license.  If a person's license has been
1-20     expired for more than 90 days but less than two years, the person
1-21     may renew the license by paying to the department all unpaid
1-22     renewal fees and a late fee that is equal to the examination fee
1-23     for the license.  If a person's license has been expired two years
1-24     or more, the person may not renew the license.  The person may
1-25     obtain a new license by submitting to reexamination and complying
1-26     with the requirements for obtaining an original license.
1-27                            A BILL TO BE ENTITLED
1-28                                   AN ACT
1-29     relating to the regulation of certain water well pump installers.
1-30           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-31           SECTION 1. The heading to Section 33.002, Water Code, is
1-32     amended to read as follows:
1-33           Sec. 33.002.  LICENSE REQUIREMENTS [REQUIRED].
1-34           SECTION 2. Section 33.002(d), Water Code, is amended to read
1-35     as follows:
1-36           (d)  A [Except as provided by Section 33.003, a] license
1-37     issued under this chapter expires annually [on August 31 of each
1-38     year.  On or before that day, each licensee shall pay an annual fee
1-39     to the department to renew the license.  The department shall
1-40     notify each licensee in writing of the impending license expiration
1-41     not later than August 1 of each year].  If a person's license has
1-42     been expired for 90 days or less, the person may renew the license
1-43     by paying to the department the required renewal fee and a late fee
1-44     that is equal to one-half of the examination fee for the license.
1-45     If a person's license has been expired for more than 90 days but
1-46     less than two years, the person may renew the license by paying to
1-47     the department all unpaid renewal fees and a late fee that is equal
1-48     to the examination fee for the license.  If a person's license has
1-49     been expired two years or more, the person may not renew the
1-50     license.  The person may obtain a new license by submitting to
1-51     reexamination and complying with the requirements for obtaining an
1-52     original license.
1-53           SECTION 3. Section 33.008, Water Code, is amended to read as
1-54     follows:
1-55           Sec. 33.008.  REVOCATION OF LICENSES. [(a)]  The department
1-56     may revoke a license, place a licensee on probation, or reprimand a
1-57     licensee for a violation of this chapter or a rule adopted under
1-58     this chapter.
1-59           [(b)  The department, before revoking a license, placing a
1-60     licensee on probation, or reprimanding a licensee, shall notify the
1-61     licensee in writing of the alleged violation and provide the
1-62     licensee with an opportunity for a hearing. The notice shall be
1-63     given not later than the 10th day before the date set for the
 2-1     hearing. The notice shall be made by registered mail to the last
 2-2     known business address of the licensee. The licensee, each person
 2-3     complaining against the licensee, and any other witness whose
 2-4     testimony is relied on to substantiate the charges made may be
 2-5     present at the hearing. The licensee may present relevant oral or
 2-6     written evidence.]
 2-7           [(c)  Each decision and order in a disciplinary hearing
 2-8     rendered by the department must be made in writing and must set
 2-9     forth briefly the findings of fact and the department's
2-10     conclusions. Parties to the proceedings shall be notified of the
2-11     decision or order not later than the 30th day after the conclusion
2-12     of the hearing.]
2-13           SECTION 4. Section 33.009, Water Code, is amended to read as
2-14     follows:
2-15           Sec. 33.009.  ADMINISTRATIVE PENALTY. [(a)]  If a person
2-16     fails to comply with a provision of this chapter or a rule adopted
2-17     by the department under this chapter, the person may be assessed,
2-18     in addition to other penalties, an administrative penalty set by
2-19     the department in an amount not to exceed $2,500 for each
2-20     violation.
2-21           [(b)  In determining the amount of the penalty, the
2-22     department shall consider the person's history of previous
2-23     violations and the seriousness of the failure to comply.]
2-24           [(c)  An administrative penalty may be assessed under this
2-25     section only after the person charged with a violation has been
2-26     given an opportunity for a public hearing.]
2-27           [(d)  If a public hearing is held, the department shall make
2-28     findings of fact and issue a written decision as to the occurrence
2-29     of the violation and, when appropriate, an order that a penalty be
2-30     paid.]
2-31           [(e)  If the person charged with a violation does not appear
2-32     for the hearing, the department may assess a penalty and issue an
2-33     order that the penalty be paid after the department has determined
2-34     that a violation occurred.]
2-35           [(f)  Not later than the 30th day after the date on which an
2-36     order is issued, the department shall inform a person ordered to
2-37     pay a penalty under this section of the amount of the penalty.]
2-38           [(g)  Not later than the 30th day after the date the order
2-39     becomes final under Subchapter F, Chapter 2001, Government Code,
2-40     the person charged with the penalty shall:]
2-41                 [(1)  pay the penalty in full;]
2-42                 [(2)  forward the amount to the department for
2-43     placement in an escrow account pending judicial review of the
2-44     matter; or]
2-45                 [(3)  post with the department a supersedeas bond for
2-46     the amount of the penalty until judicial review is final.]
2-47           [(h)  Failure to comply with Subsection (g) of this section
2-48     is a waiver of the right to contest the order.]
2-49           [(i)  If a court determines that a violation has not occurred
2-50     or that the amount of the penalty should be reduced or not
2-51     assessed, the department shall remit the appropriate amount to the
2-52     person with interest or execute release of the bond.]
2-53           [(j)  An administrative penalty owed under this section may
2-54     be recovered in a civil action brought by the attorney general at
2-55     the request of the department.]
2-56           SECTION 5. The following laws are repealed:
2-57                 (1)  Section 33.002(i), Water Code;
2-58                 (2)  Section 33.010, Water Code; and
2-59                 (3)  Section 33.011, Water Code.
2-60           SECTION 6. (a)  This Act takes effect September 1, 2001.
2-61           (b)  Section 33.002(d), Water Code, as amended by this Act,
2-62     applies only to licenses that expire on or after the effective date
2-63     of this Act.  Licenses that expire before that date are governed by
2-64     the law in effect on the date the license expires, and the former
2-65     law is continued in effect for that purpose.
2-66                                  * * * * *