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 * * * * *