1-1 AN ACT
1-2 relating to occupational licenses and registrations issued by the
1-3 Texas Natural Resource Conservation Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 2, Water Code, is amended by adding Subtitle
1-6 F to read as follows:
1-7 SUBTITLE F. OCCUPATIONAL LICENSING AND REGISTRATION
1-8 CHAPTER 37. OCCUPATIONAL LICENSING AND REGISTRATION
1-9 Sec. 37.001. DEFINITIONS. In this chapter:
1-10 (1) "Commission" means the Texas Natural Resource
1-11 Conservation Commission.
1-12 (2) "License" means an occupational license or class
1-13 of license issued by the commission to an individual.
1-14 (3) "Registration" means an occupational registration
1-15 issued by the commission to a person.
1-16 Sec. 37.002. RULES. The commission shall adopt any rules
1-17 necessary to:
1-18 (1) establish occupational licenses and registrations
1-19 prescribed by Sections 26.0301, 26.3573, 26.452, 26.456, and 34.007
1-20 of this code and Sections 341.033, 341.034, 361.027, and 366.071,
1-21 Health and Safety Code;
1-22 (2) establish classes and terms of occupational
1-23 licenses and registrations; and
1-24 (3) administer the provisions of this chapter and
2-1 other laws governing occupational licenses and registrations under
2-2 the commission's jurisdiction.
2-3 Sec. 37.003. LICENSE OR REGISTRATION REQUIRED. A person may
2-4 not engage in a business, occupation, or profession described by
2-5 Section 26.0301, 26.3573, 26.452, 26.456, or 34.007 of this code or
2-6 Section 341.033, 341.034, 361.027, 366.014, or 366.071, Health and
2-7 Safety Code, unless the person holds the appropriate license or
2-8 registration issued by the commission.
2-9 Sec. 37.004. QUALIFICATIONS. The commission may establish
2-10 qualifications for each license and registration issued under this
2-11 chapter.
2-12 Sec. 37.005. ISSUANCE AND DENIAL OF LICENSES AND
2-13 REGISTRATIONS. (a) The commission shall establish requirements and
2-14 uniform procedures for issuing licenses and registrations under
2-15 this chapter.
2-16 (b) The commission may waive any prerequisite to obtaining a
2-17 license or registration for an applicant after reviewing the
2-18 applicant's credentials and determining that the applicant holds a
2-19 license or registration issued by another state that has
2-20 requirements substantially equivalent to those of this state.
2-21 (c) After notice and hearing, the commission may deny an
2-22 application for a license or registration by an applicant who:
2-23 (1) has a record in the preceding five years of
2-24 continuing violations of statutes or rules adopted under those
2-25 statutes;
2-26 (2) has engaged in fraud or deceit in obtaining or
2-27 applying for a license or registration;
3-1 (3) has demonstrated gross negligence, incompetence,
3-2 or misconduct in the performance of activities authorized by a
3-3 license or registration;
3-4 (4) made an intentional misstatement or
3-5 misrepresentation of fact in information required to be maintained
3-6 or submitted to the commission by the license or registration
3-7 holder;
3-8 (5) failed to keep and transmit records as required by
3-9 a statute within the commission's jurisdiction or a rule adopted
3-10 under such a statute; or
3-11 (6) at the time the application is submitted, is
3-12 indebted to the state for a fee, penalty, or tax imposed by a
3-13 statute within the commission's jurisdiction or a rule adopted
3-14 under such a statute.
3-15 Sec. 37.006. RENEWAL OF LICENSE OR REGISTRATION. (a) The
3-16 commission shall establish requirements and uniform procedures for
3-17 renewing licenses and registrations.
3-18 (b) The commission by rule may adopt a system under which
3-19 licenses or registrations expire on various dates during the year.
3-20 For the year in which the license or registration expiration date
3-21 is changed, the commission shall prorate fees on a monthly basis so
3-22 that each license or registration holder pays only that portion of
3-23 the fee that is allocable to the number of months during which the
3-24 license or registration is valid. On renewal of the license or
3-25 registration on the new expiration date, the total renewal fee is
3-26 payable.
3-27 (c) Not later than the 60th day before the date a person's
4-1 license or registration is scheduled to expire, the commission
4-2 shall send written notice of the impending expiration to the person
4-3 at the person's last known address according to the records of the
4-4 commission.
4-5 (d) A person may renew an unexpired license or registration
4-6 by submitting an application accompanied by the required renewal
4-7 fee.
4-8 (e) A person whose license or registration has expired may
4-9 not engage in activities that require a license or registration
4-10 until the license or registration is renewed.
4-11 (f) A person whose license or registration has been expired
4-12 for 30 days or less may apply for renewal of the license or
4-13 registration by paying to the commission a renewal fee in an amount
4-14 prescribed by commission rule not to exceed 1-1/2 times the
4-15 normally required renewal fee.
4-16 (g) A person whose license or registration has been expired
4-17 for more than 30 days may not renew the license or registration.
4-18 The person may obtain a new license or registration by complying
4-19 with the requirements and procedures, including the examination
4-20 requirements, for obtaining an original license or registration.
4-21 Sec. 37.007. LICENSING EXAMINATIONS. (a) The commission
4-22 shall prescribe the content of licensing examinations. Examinations
4-23 shall be based on laws, rules, job duties, and standards relating
4-24 to licenses issued by the commission.
4-25 (b) The commission shall determine the location and
4-26 frequency of examinations.
4-27 (c) Not later than the 45th day after the date a person
5-1 takes a licensing examination under this chapter, the commission
5-2 shall notify the person of the results of the examination.
5-3 (d) If requested in writing by a person who fails a
5-4 licensing examination administered under this chapter, the
5-5 commission, within a reasonable time, shall provide the person with
5-6 an analysis of the person's performance on the examination. The
5-7 commission shall ensure that an examination analysis does not
5-8 compromise the fair and impartial administration of future
5-9 examinations.
5-10 (e) The commission shall ensure that an otherwise qualified
5-11 person with a physical, mental, or developmental disability is
5-12 provided with a reasonable opportunity to take a licensing
5-13 examination.
5-14 Sec. 37.008. TRAINING; CONTINUING EDUCATION. (a) The
5-15 commission shall approve training programs necessary to qualify for
5-16 or renew a license.
5-17 (b) The commission shall establish and make available to the
5-18 public uniform procedures for approving training to qualify for or
5-19 renew a license.
5-20 (c) The commission may recognize, prepare, or administer
5-21 continuing education programs for license holders.
5-22 Sec. 37.009. FEES. (a) The commission shall establish and
5-23 collect fees to cover the cost of administering and enforcing this
5-24 chapter and licenses and registrations issued under this chapter.
5-25 (b) Fees paid to the commission under this chapter shall be
5-26 deposited in the state treasury to the credit of the commission
5-27 occupational licensing account.
6-1 Sec. 37.010. ADVERTISING. (a) The commission may not adopt
6-2 rules restricting advertising or competitive bidding by a license
6-3 or registration holder except to prohibit false, misleading, or
6-4 deceptive practices.
6-5 (b) In its rules to prohibit false, misleading, or deceptive
6-6 practices, the commission may not include a rule that restricts:
6-7 (1) the use of any medium for advertising;
6-8 (2) the use of a license or registration holder's
6-9 personal appearance or voice in an advertisement;
6-10 (3) the use or duration of an advertisement by the
6-11 license or registration holder; or
6-12 (4) the license or registration holder's advertisement
6-13 under a trade name.
6-14 Sec. 37.011. COMPLAINTS. The commission shall prepare and
6-15 make available to the public information describing the procedures
6-16 by which a person may submit licensing and registration complaints
6-17 to the commission.
6-18 Sec. 37.012. COMPLIANCE INFORMATION. In administering this
6-19 chapter, the commission may require a person to provide information
6-20 about other occupational licenses and registrations held by the
6-21 person, including:
6-22 (1) the state in which the license or registration was
6-23 issued;
6-24 (2) the current status of the license or registration;
6-25 and
6-26 (3) whether the license or registration was ever
6-27 denied, suspended, revoked, surrendered, or withdrawn.
7-1 Sec. 37.013. PRACTICE OF OCCUPATION. A license or
7-2 registration holder must engage in the business, occupation, or
7-3 profession governed by the license or registration according to
7-4 applicable laws and commission rules and orders.
7-5 Sec. 37.014. ROSTER OF LICENSE HOLDERS AND REGISTRANTS. The
7-6 commission shall maintain and make available to the public an
7-7 official roster of persons who hold licenses and registrations
7-8 issued under this chapter.
7-9 Sec. 37.015. POWER TO CONTRACT. The commission may contract
7-10 with persons to provide services required by this chapter. The
7-11 commission may authorize contractors to collect reasonable fees for
7-12 the services provided.
7-13 SECTION 2. Section 7.052(a), Water Code, is amended to read
7-14 as follows:
7-15 (a) The amount of the penalty for a violation of Chapter 18,
7-16 [32, 33, or] 34, or 37 of this code or Chapter 366, 371, or 372,
7-17 Health and Safety Code, may not exceed $2,500 a day for each
7-18 violation.
7-19 SECTION 3. Section 7.102, Water Code, is amended to read as
7-20 follows:
7-21 Sec. 7.102. MAXIMUM PENALTY. A person who causes, suffers,
7-22 allows, or permits a violation of a statute, rule, order, or permit
7-23 relating to Chapter 18, [32, 33, or] 34, or 37 of this code or
7-24 Chapter 366, 371, or 372, Health and Safety Code, shall be assessed
7-25 for each violation a civil penalty not less than $50 nor greater
7-26 than $5,000 for each day of each violation as the court or jury
7-27 considers proper. A person who causes, suffers, allows, or permits
8-1 a violation of a statute, rule, order, or permit relating to any
8-2 other matter within the commission's jurisdiction to enforce, other
8-3 than violations of Chapter 11, 12, 13, 16, or 36 of this code, or
8-4 Chapter 341, Health and Safety Code, shall be assessed for each
8-5 violation a civil penalty not less than $50 nor greater than
8-6 $25,000 for each day of each violation as the court or jury
8-7 considers proper. Each day of a continuing violation is a separate
8-8 violation.
8-9 SECTION 4. Sections 7.156(a) and (b), Water Code, are amended
8-10 to read as follows:
8-11 (a) A person or business entity commits an offense if:
8-12 (1) the person or business entity engages in the
8-13 installation, repair, or removal of an underground storage tank and
8-14 the person or business entity:
8-15 (A) does not hold a [certificate of]
8-16 registration [issued] under Section 26.452; and
8-17 (B) is not under the substantial control of a
8-18 person or business entity who holds a [certificate of] registration
8-19 [issued] under Section 26.452;
8-20 (2) the person or business entity:
8-21 (A) authorizes or allows the installation,
8-22 repair, or removal of an underground storage tank to be conducted
8-23 by a person or business entity who does not hold a [certificate of]
8-24 registration [issued] under Section 26.452; or
8-25 (B) authorizes or allows the installation,
8-26 repair, or removal of an underground storage tank to be performed
8-27 or supervised by a person or business entity who does not hold a
9-1 license [issued] under Section 26.456; or
9-2 (3) the conduct of the person or business entity makes
9-3 the person or business entity responsible for a violation of
9-4 Subchapter K, Chapter 26, or of a rule adopted or order issued
9-5 under that subchapter.
9-6 (b) A person commits an offense if the person performs or
9-7 supervises the installation, repair, or removal of an underground
9-8 storage tank unless:
9-9 (1) the person holds a license [issued] under Section
9-10 26.456; or
9-11 (2) another person who holds a license [issued] under
9-12 Section 26.456 is substantially responsible for the performance or
9-13 supervision of the installation, repair, or removal.
9-14 SECTION 5. Section 7.303, Water Code, is amended to read as
9-15 follows:
9-16 Sec. 7.303. GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE,
9-17 CERTIFICATE, OR REGISTRATION. (a) This section applies to a
9-18 license, certificate, or registration issued:
9-19 (1) by the commission under:
9-20 (A) Section 26.0301 [or 26.459 of this code];
9-21 (B) Chapter 18, [32, 33, or] 34, or 37 [of this
9-22 code];
9-23 (C) Section 361.0861, 361.092, or 361.112,
9-24 Health and Safety Code; or
9-25 (D) Chapter 366, 371, or 401, Health and Safety
9-26 Code;
9-27 (2) by a county under Subchapter E, Chapter 361,
10-1 Health and Safety Code; or
10-2 (3) under a rule adopted under any of those
10-3 provisions.
10-4 (b) After notice and hearing, the commission may suspend or
10-5 revoke a license, certificate, or registration the commission or a
10-6 county has issued, place on probation a person whose license,
10-7 certificate, or registration has been suspended, reprimand the
10-8 holder of a license, certificate, or registration, or refuse to
10-9 renew or reissue a license, certificate, or registration on any of
10-10 the following grounds:
10-11 (1) having a record of environmental violations in the
10-12 preceding five years [at the licensed, certified, or registered
10-13 site];
10-14 (2) committing fraud or deceit in obtaining the
10-15 license, certificate, or registration;
10-16 (3) demonstrating gross negligence, incompetency, or
10-17 misconduct while acting as holder of a license, certificate, or
10-18 registration;
10-19 (4) making an intentional misstatement or
10-20 misrepresentation of fact in information required to be maintained
10-21 or submitted to the commission by the holder of the license,
10-22 certificate, or registration;
10-23 (5) failing to keep and transmit records as required
10-24 by a statute within the commission's jurisdiction or a rule adopted
10-25 under such a statute;
10-26 (6) being indebted to the state for a fee, payment of
10-27 a penalty, or a tax imposed by a statute within the commission's
11-1 jurisdiction or a rule adopted under such a statute;
11-2 (7) [with respect to a license issued under Chapter
11-3 18,] failing to continue to possess qualifications necessary for
11-4 the issuance of an original license;
11-5 (8) with respect to a license or registration
11-6 [certificate of competency] issued under Section 26.0301 or Chapter
11-7 37, violating a discharge permit of a sewage treatment plant,
11-8 unless:
11-9 (A) the holder of the license or registration
11-10 [certificate] is unable to properly operate the sewage treatment or
11-11 collection facility due to the refusal of the permit holder to
11-12 authorize necessary expenditures to operate the sewage treatment or
11-13 collection facility properly; or
11-14 (B) failure of the sewage treatment or
11-15 collection facility to comply with its discharge permit results
11-16 from faulty design of the [sewage treatment] facility;
11-17 (9) [with respect to a license issued under Chapter
11-18 32, failing to advise a person for whom a well is being drilled
11-19 that injurious water has been encountered, is a pollution hazard,
11-20 and must be immediately plugged in an acceptable manner;]
11-21 [(10)] with respect to a license or registration
11-22 issued under Chapter 37 of this code or Chapter 366, Health and
11-23 Safety Code, violating either [that] chapter or a rule adopted
11-24 under either [that] chapter; or
11-25 (10) [(11)] with respect to a license issued under
11-26 Subchapter E, Chapter 361, Health and Safety Code, violating that
11-27 chapter or another applicable law or a commission rule governing
12-1 the processing, storage, or disposal of solid waste.
12-2 SECTION 6. Section 26.0301, Water Code, is amended to read as
12-3 follows:
12-4 Sec. 26.0301. WASTEWATER OPERATIONS COMPANY REGISTRATION AND
12-5 OPERATOR LICENSING [CERTIFICATE OF COMPETENCY]. (a) The holders of
12-6 permits to discharge wastewater from a sewage treatment facility
12-7 shall employ a treatment plant operator holding a valid license
12-8 [certificate of competency] issued by [under the direction of] the
12-9 commission under Chapter 37 for the type of facility being
12-10 operated.
12-11 (b) Every person[, company, corporation, firm, or
12-12 partnership] that [employs sewage treatment plant operators and] is
12-13 in the business of providing [as a] sewage treatment or collection
12-14 facility services under contract [operations] must hold a valid
12-15 registration [certificate of competency] issued by [under the
12-16 direction of] the commission under Chapter 37. [Any employee of a
12-17 person, company, corporation, firm, or partnership who will be
12-18 operating a sewage treatment facility must hold a valid certificate
12-19 of competency issued under the direction of the commission.]
12-20 (c) A person who performs process control activities at a
12-21 sewage treatment facility or supervises the maintenance of a sewage
12-22 collection system must hold a license issued by the commission
12-23 under Chapter 37. [The commission by rule shall set a fee to be
12-24 paid by each applicant or licensee on the issuance or renewal of a
12-25 certificate of competency under this section. The amount of the
12-26 fee is determined according to the costs of the commission in
12-27 administering this section, but may not exceed $25 annually for an
13-1 individual wastewater treatment plant operator and $500 annually
13-2 for a person, company, corporation, firm, or partnership that is in
13-3 the business as a wastewater treatment facility operations company.
13-4 The commission shall deposit any fees collected under this
13-5 subsection in the state treasury to the credit of the commission
13-6 occupational licensing account.]
13-7 SECTION 7. Section 26.0405(b), Water Code, is amended to read
13-8 as follows:
13-9 (b) A person who discharges under a permit issued under this
13-10 section is not required to hold a license or registration
13-11 [certificate of competency issued] under Section 26.0301.
13-12 SECTION 8. Section 26.3573, Water Code, is amended by adding
13-13 Subsections (r) and (s) to read as follows:
13-14 (r) The commission may prohibit the use of the petroleum
13-15 storage tank remediation account to pay for corrective action if
13-16 the action is taken by:
13-17 (1) a contractor who is not registered under Section
13-18 26.364; or
13-19 (2) a supervisor who is not licensed under Section
13-20 26.366.
13-21 (s) The petroleum storage tank remediation account may not
13-22 be used to pay for a site remediation that involves the
13-23 installation or construction of on-site equipment, structures, or
13-24 systems used in the extraction or management of wastes, except for
13-25 soil excavation and landfill disposal or well sampling and
13-26 monitoring, unless:
13-27 (1) the plans and specifications for the equipment,
14-1 structures, or systems are sealed by an engineer licensed by the
14-2 Texas Board of Professional Engineers; and
14-3 (2) the equipment, structures, or systems are
14-4 constructed under the supervision of an engineer licensed by the
14-5 Texas Board of Professional Engineers.
14-6 SECTION 9. Subchapter I, Chapter 26, Water Code, is amended
14-7 by adding Sections 26.364, 26.365, 26.366, and 26.367 to read as
14-8 follows:
14-9 Sec. 26.364. REGISTRATION OF PERSONS WHO CONTRACT TO PERFORM
14-10 CORRECTIVE ACTION. (a) The commission may implement a program
14-11 under Chapter 37 to register persons who contract to perform
14-12 corrective action under this subchapter.
14-13 (b) The commission, on the request of an engineer licensed
14-14 by the Texas Board of Professional Engineers, shall register the
14-15 engineer in the program.
14-16 (c) An engineer registered in the program may contract to
14-17 perform corrective action under this subchapter unless the Texas
14-18 Board of Professional Engineers determines the engineer is not
14-19 qualified to perform a corrective action.
14-20 (d) An engineer registered under this section is not subject
14-21 to the commission's examination or continuing education
14-22 requirements, fees, or disciplinary procedures.
14-23 (e) The commission may not adopt minimum qualifications for
14-24 an engineer licensed by the Texas Board of Professional Engineers
14-25 to contract with an eligible owner or operator to perform a
14-26 corrective action under this subchapter.
14-27 (f) Any qualified contractor registered under Chapter 37 may
15-1 conduct the characterization, study, appraisal, or investigation of
15-2 a site.
15-3 Sec. 26.365. REGISTRATION OF GEOSCIENTISTS WHO CONTRACT TO
15-4 PERFORM CORRECTIVE ACTION. (a) In administering the program
15-5 implemented under Section 26.364(a), the commission, on the request
15-6 of a geoscientist licensed by the Texas Board of Professional
15-7 Geoscientists, or an equivalent entity that licenses geoscientists,
15-8 shall register the geoscientist in the program.
15-9 (b) A geoscientist registered in the program may contract to
15-10 perform corrective action under this subchapter unless the Texas
15-11 Board of Professional Geoscientists, or an equivalent entity that
15-12 licenses geoscientists, determines that the geoscientist is not
15-13 qualified to perform a corrective action.
15-14 (c) A geoscientist registered under this section is not
15-15 subject to the commission's examination or continuing education
15-16 requirements, fees, or disciplinary proceedings.
15-17 (d) The commission may not adopt minimum qualifications for
15-18 a geoscientist licensed by the Texas Board of Professional
15-19 Geoscientists, or an equivalent entity that licenses geoscientists,
15-20 to contract with an eligible owner or operator to perform a
15-21 corrective action under this subchapter.
15-22 Sec. 26.366. LICENSURE OF PERSONS WHO SUPERVISE CORRECTIVE
15-23 ACTIONS. (a) The commission may implement a program under Chapter
15-24 37 to license persons who supervise a corrective action under this
15-25 subchapter.
15-26 (b) The commission, on the request of an engineer licensed
15-27 by the Texas Board of Professional Engineers, shall license the
16-1 engineer in the program.
16-2 (c) An engineer licensed in the program may supervise a
16-3 corrective action under this subchapter unless the Texas Board of
16-4 Professional Engineers determines the engineer is not qualified to
16-5 supervise a corrective action.
16-6 (d) An engineer licensed under this section is not subject
16-7 to the commission's examination or continuing education
16-8 requirements, fees, or disciplinary procedures.
16-9 (e) The commission may not adopt minimum qualifications for
16-10 an engineer licensed by the Texas Board of Professional Engineers
16-11 to supervise a corrective action under this subchapter.
16-12 Sec. 26.367. LICENSURE OF GEOSCIENTISTS WHO SUPERVISE
16-13 CORRECTIVE ACTIONS. (a) In administering the program implemented
16-14 under Section 26.366(a), the commission, on the request of a
16-15 geoscientist licensed by the Texas Board of Professional
16-16 Geoscientists, or an equivalent entity that licenses geoscientists,
16-17 shall license the geoscientist in the program.
16-18 (b) A geoscientist licensed in the program may supervise a
16-19 corrective action under this subchapter unless the Texas Board of
16-20 Professional Geoscientists, or an equivalent entity that licenses
16-21 geoscientists, determines that the geoscientist is not qualified to
16-22 supervise a corrective action.
16-23 (c) A geoscientist licensed under this section is not
16-24 subject to the commission's examination or continuing education
16-25 requirements, fees, or disciplinary proceedings.
16-26 (d) The commission may not adopt minimum qualifications for
16-27 a geoscientist licensed by the Texas Board of Professional
17-1 Geoscientists, or an equivalent entity that licenses geoscientists,
17-2 to contract with an eligible owner or operator to supervise a
17-3 corrective action under this subchapter.
17-4 SECTION 10. The heading to Subchapter K, Chapter 26, Water
17-5 Code, is amended to read as follows:
17-6 SUBCHAPTER K. OCCUPATIONAL LICENSING AND REGISTRATION
17-7 [UNDERGROUND STORAGE TANK INSTALLERS]
17-8 SECTION 11. Sections 26.452 and 26.456, Water Code, are
17-9 amended to read as follows:
17-10 Sec. 26.452. UNDERGROUND STORAGE TANK CONTRACTOR
17-11 [CERTIFICATE OF REGISTRATION]. (a) A person who offers to
17-12 undertake, represents that the person is able to undertake, or
17-13 undertakes to install, repair, or remove an underground storage
17-14 tank must hold a registration issued by the commission under
17-15 Chapter 37. [An underground storage tank contractor must apply to
17-16 the commission for a certificate of registration on a form
17-17 prescribed by the commission.] If the person [contractor] is a
17-18 partnership or joint venture, it need not register in its own name
17-19 if each partner or joint venture is registered.
17-20 (b) An underground storage tank contractor must have an
17-21 on-site supervisor who is licensed by the commission under Chapter
17-22 37 at the site at all times during the critical junctures of the
17-23 installation, repair, or removal. [A certificate of registration
17-24 is valid for one year from the date of issue and is renewable
17-25 annually on payment of the annual fee. An initial certification of
17-26 registration may be issued for a period of less than one year and
17-27 the annual fee shall be prorated proportionally.]
18-1 (c) This subchapter does not apply to the installation of a
18-2 storage tank or other facility exempt from regulation under Section
18-3 26.344. [Each certificate of registration must be posted in a
18-4 conspicuous place in the contractor's place of business.]
18-5 [(d) All bids, proposals, offers, and installation drawings
18-6 must prominently display the contractor's certificate of
18-7 registration number.]
18-8 [(e) A certificate of registration issued under this
18-9 subchapter is not transferable.]
18-10 Sec. 26.456. UNDERGROUND STORAGE TANK ON-SITE SUPERVISOR
18-11 LICENSING [LICENSE]. (a) A person supervising the installation,
18-12 repair, or removal of an underground storage tank must hold a
18-13 license issued by the commission under Chapter 37. [The commission
18-14 shall issue an installer or on-site supervisor license to an
18-15 applicant who:]
18-16 [(1) is at least 18 years of age;]
18-17 [(2) meets the application requirements prescribed by
18-18 commission rule, including experience in installation of
18-19 underground storage tanks, underground utilities, or other
18-20 engineering construction in this state, not to exceed two years of
18-21 active experience;]
18-22 [(3) passes the licensing examination;]
18-23 [(4) pays the application, examination, and licensing
18-24 fees; and]
18-25 [(5) meets reasonable training requirements as
18-26 determined by the commission.]
18-27 (b) An on-site supervisor must be present at the site at all
19-1 times during the critical junctures of the installation, repair, or
19-2 removal. [A license issued under this subchapter is valid
19-3 throughout this state but is not assignable or transferable.]
19-4 SECTION 12. Sections 34.001(3) and (5), Water Code, are
19-5 amended to read as follows:
19-6 (3) "Council" means the irrigator [Texas irrigators]
19-7 advisory council.
19-8 (5) "Irrigation system" means an assembly of component
19-9 parts permanently installed for the controlled distribution and
19-10 conservation of water for the purpose of irrigating any type of
19-11 landscape vegetation in any location or for the purpose of dust
19-12 reduction or erosion control. The term does not include a system
19-13 used on or by an agricultural operation as defined by Section
19-14 251.002, Agriculture Code.
19-15 SECTION 13. Section 34.002, Water Code, is amended to read as
19-16 follows:
19-17 Sec. 34.002. EXEMPTIONS. (a) The licensure requirements of
19-18 this chapter do not apply to:
19-19 (1) any person licensed by the Texas State Board of
19-20 Plumbing Examiners;
19-21 (2) a registered professional engineer or architect or
19-22 landscape architect if his or her acts are incidental to the
19-23 pursuit of his or her profession;
19-24 (3) irrigation or yard sprinkler work done by a
19-25 property owner in a building or on premises owned or occupied by
19-26 him or her as his or her home;
19-27 (4) irrigation or yard sprinkler repair work, other
20-1 than extension of an existing irrigation or yard sprinkler system
20-2 or installation of a replacement system, done by a maintenance
20-3 person incidental to and on premises owned by the business in which
20-4 he or she is regularly employed or engaged and who does not engage
20-5 in the occupation of licensed irrigator or in yard sprinkler
20-6 construction or maintenance for the general public;
20-7 (5) irrigation or yard sprinkler work done on the
20-8 premises or equipment of a railroad by a regular employee of the
20-9 railroad who does not engage in the occupation of licensed
20-10 irrigator or in yard sprinkler construction or maintenance for the
20-11 general public;
20-12 (6) irrigation and yard sprinkler work done by a
20-13 person who is regularly employed by a county, city, town, special
20-14 district, or political subdivision of the state on public property;
20-15 (7) irrigation or yard sprinkler work done by a person
20-16 using a garden hose, hose sprinkler, hose-end product, [soaker
20-17 hose,] or agricultural irrigation system;
20-18 (8) activities involving a [portable or solid set or
20-19 other type of] commercial agricultural irrigation system;
20-20 (9) irrigation or yard sprinkler work done by an
20-21 agriculturist, agronomist, horticulturist, forester, gardener,
20-22 contract gardener, garden or lawn caretaker, nurseryman, or grader
20-23 or cultivator of land on land owned by himself or herself; [or]
20-24 (10) irrigation or yard sprinkler work done by a
20-25 member of a property owners' association as defined by Section
20-26 202.001, Property Code, on real property owned by the association
20-27 or in common by the members of the association if the irrigation or
21-1 yard sprinkler system waters real property that:
21-2 (A) is less than one-half acre in size; and
21-3 (B) is used for:
21-4 (i) aesthetic purposes; or
21-5 (ii) recreational purposes;
21-6 (11) a person who assists in the installation,
21-7 maintenance, alteration, repair, or service of an irrigation system
21-8 under the direct supervision of an individual described by Section
21-9 34.007 who is licensed under Chapter 37; or
21-10 (12) an owner of a business that employs an individual
21-11 described by Section 34.007 who is licensed under Chapter 37 to
21-12 supervise the business's sale, design, consultation, installation,
21-13 maintenance, alteration, repair, and service of irrigation systems.
21-14 (b) A person who is exempt from the licensure requirements
21-15 of this chapter shall comply with the standards established by this
21-16 chapter and the rules adopted under this chapter. [Irrigation
21-17 system does not include a system used on or by an agricultural
21-18 operation as defined in Section 251.002, Agriculture Code.]
21-19 SECTION 14. The heading for Section 34.003, Water Code, is
21-20 amended to read as follows:
21-21 Sec. 34.003. IRRIGATOR [IRRIGATORS] ADVISORY COUNCIL.
21-22 SECTION 15. Section 34.003, Water Code, is amended by
21-23 amending Subsections (a), (i), and (k) and adding Subsection (l) to
21-24 read as follows:
21-25 (a) The irrigator [Texas irrigators] advisory council is
21-26 composed of nine members appointed by the commission. Appointments
21-27 to the council shall be made without regard to the race, creed,
22-1 sex, religion, or national origin of the appointees.
22-2 (i) The council shall hold meetings at the call of the
22-3 commission or chairman. [Meetings shall be conducted in compliance
22-4 with Chapter 551, Government Code.]
22-5 (k) The council shall elect a chairman [by a majority vote
22-6 at the first meeting each fiscal year].
22-7 (l) The council shall provide advice to the commission and
22-8 the commission's staff concerning matters relating to landscape
22-9 irrigation.
22-10 SECTION 16. Section 34.006(a), Water Code, is amended to read
22-11 as follows:
22-12 (a) The commission shall [adopt only those rules consistent
22-13 with this chapter to govern the conduct of its business and
22-14 proceedings authorized under this chapter and shall] adopt
22-15 standards governing the connection of irrigation systems
22-16 [connections] to any water supply [public or private water supplies
22-17 by a licensed irrigator or a licensed installer]. The commission
22-18 may adopt standards for landscape irrigation that include water
22-19 conservation, irrigation system design and installation, and
22-20 conformance with municipal codes [by a licensed irrigator or a
22-21 licensed installer]. The commission may not adopt any standard or
22-22 rule that requires or prohibits the use of any irrigation system,
22-23 component part, or equipment of any particular brand or
22-24 manufacturer.
22-25 SECTION 17. Section 34.007, Water Code, is amended to read as
22-26 follows:
22-27 Sec. 34.007. LANDSCAPE IRRIGATOR AND INSTALLER LICENSE
23-1 [REGISTRATION] REQUIREMENT. (a) A person who sells, designs,
23-2 installs, maintains, alters, repairs, or services an irrigation
23-3 system, provides consulting services relating to an irrigation
23-4 system, or connects an irrigation system to a private or public,
23-5 raw or potable water supply system or any water supply must hold a
23-6 license issued by the commission under Chapter 37. [No person may
23-7 act as a licensed irrigator or installer unless he or she has a
23-8 valid certificate of registration under this chapter.]
23-9 (b) The commission may not require a person who held a
23-10 license as a landscape architect under Chapter 457, Acts of the
23-11 61st Legislature, Regular Session, 1969 (Article 249c, Vernon's
23-12 Texas Civil Statutes), on August 27, 1979, to pass an examination
23-13 in order to be licensed. [The commission shall issue certificates
23-14 of registration to persons who have prequalified to act as licensed
23-15 irrigators or licensed installers by passing a uniform, reasonable
23-16 examination which will include the principles of cross connections
23-17 and safety devices to prevent contamination of potable water
23-18 supplies.]
23-19 [(c) The commission shall provide in its rules for the
23-20 preparation, administration, and grading of examinations to acquire
23-21 certificates of registration under this chapter. The fee for
23-22 taking the examination shall be set by the commission not to exceed
23-23 $200 for the irrigator certificate of registration and not to
23-24 exceed $150 for the installer certificate of registration.]
23-25 [(d) A person holding a certificate of registration under
23-26 this chapter shall not be required to comply with any other
23-27 licensing requirements of other state agencies to perform any
24-1 function within the scope of the certificate issued under this
24-2 chapter.]
24-3 [(e) Not later than the 45th day after the day on which a
24-4 person completes an examination administered by the commission, the
24-5 commission shall send to the person his or her examination results.
24-6 If requested in writing by a person who fails the examination, the
24-7 commission shall send to the person not later than the 60th day
24-8 after the day on which the written request is received by the
24-9 commission an analysis of the person's performance on the
24-10 examination.]
24-11 [(f) The commission shall adopt rules establishing classes
24-12 of certificates and fees.]
24-13 SECTION 18. Section 341.033(a), Health and Safety Code, is
24-14 amended to read as follows:
24-15 (a) A person may not furnish drinking water to the public
24-16 for a charge unless the production, processing, treatment, and
24-17 distribution are at all times under the supervision of a water
24-18 supply system operator holding a license issued by the commission
24-19 under Chapter 37, Water Code [valid certificate of competency
24-20 issued under Section 341.034].
24-21 SECTION 19. Section 341.034, Health and Safety Code, is
24-22 amended to read as follows:
24-23 Sec. 341.034. LICENSING AND REGISTRATION OF PERSONS WHO
24-24 PERFORM DUTIES RELATING TO PUBLIC WATER SUPPLIES [SUPPLY SYSTEM
24-25 OPERATOR: CERTIFICATE OF COMPETENCY]. (a) A person who operates a
24-26 public water supply on a contract basis must hold a registration
24-27 issued by the commission under Chapter 37, Water Code.
25-1 (b) A person who performs process control duties in
25-2 production or distribution of drinking water for a public water
25-3 system must hold a license issued by the commission under Chapter
25-4 37, Water Code, unless:
25-5 (1) the duties are provided to a transient,
25-6 noncommunity water system; and
25-7 (2) the water system uses groundwater that is not
25-8 under the influence of surface water.
25-9 (c) A person who repairs or tests the installation or
25-10 operation of backflow prevention assemblies must hold a license
25-11 issued by the commission under Chapter 37, Water Code.
25-12 (d) A person who inspects homes and businesses to identify
25-13 potential or actual cross-connections or other contaminant hazards
25-14 in public water systems must hold a license issued by the
25-15 commission under Chapter 37, Water Code, unless the person is
25-16 licensed by the Texas State Board of Plumbing Examiners as a
25-17 plumbing inspector or water supply protection specialist.
25-18 (e) Unless the person is licensed by the Texas State Board
25-19 of Plumbing Examiners, a person must hold a license issued by the
25-20 commission under Chapter 37, Water Code, if, under a contract, the
25-21 person:
25-22 (1) installs, exchanges, connects, maintains, or
25-23 services potable water treatment equipment and appliances in public
25-24 or private water systems; or
25-25 (2) analyzes water to determine how to treat influent
25-26 or effluent water, alter or purify water, or add or remove a
25-27 mineral, chemical, or bacterial content or substance as part of the
26-1 complete installation, exchange, connection, maintenance, or
26-2 service of potable water treatment equipment and appliances. [The
26-3 commission shall adopt rules establishing classes of certificates,
26-4 duration of certificates, and fees.]
26-5 [(b) Before a certificate of competency is issued or renewed
26-6 under this subchapter, an applicant for or holder of a certificate
26-7 must pay an annual $10 fee. On receipt of the required fee, the
26-8 commission shall issue to a qualified person a certificate of
26-9 competency.]
26-10 [(c) Fees collected by the commission under this section
26-11 shall be deposited to the credit of the commission occupational
26-12 licensing account.]
26-13 SECTION 20. Section 361.027, Health and Safety Code, is
26-14 amended to read as follows:
26-15 Sec. 361.027. LICENSURE [TRAINING] OF SOLID WASTE FACILITY
26-16 SUPERVISORS [TECHNICIANS]. [(a)] The commission may implement a
26-17 program under Chapter 37, Water Code, to license persons who
26-18 supervise the operation or maintenance of solid waste facilities[:]
26-19 [(1) develop a program to train solid waste
26-20 technicians to improve the competency of those technicians; and]
26-21 [(2) issue letters of competency].
26-22 [(b) The owner or operator of a solid waste facility is
26-23 encouraged to employ as site manager a solid waste technician
26-24 holding a letter of competency from the appropriate agency.]
26-25 [(c) The commission may:]
26-26 [(1) prescribe standards of training required for the
26-27 program;]
27-1 [(2) determine the duration of the letter of
27-2 competency;]
27-3 [(3) award one or more categories of letters of
27-4 competency with each category reflecting a different degree of
27-5 training or skill;]
27-6 [(4) require a reasonable, nonrefundable fee, in an
27-7 amount determined from time to time by the commission, to be paid
27-8 by participants, deposited to the credit of the commission
27-9 occupational licensing account, and used to administer the program;]
27-10 [(5) extend or renew letters of competency issued by
27-11 the commission; and]
27-12 [(6) withdraw a letter of competency for good cause,
27-13 which may include a violation of this chapter or a rule of the
27-14 commission concerning the technician's duties and
27-15 responsibilities.]
27-16 SECTION 21. Section 366.001, Health and Safety Code, is
27-17 amended to read as follows:
27-18 Sec. 366.001. POLICY AND PURPOSE. It is the public policy of
27-19 this state and the purpose of this chapter to:
27-20 (1) eliminate and prevent health hazards by regulating
27-21 and properly planning the location, design, construction,
27-22 installation, operation, and maintenance of on-site sewage disposal
27-23 systems;
27-24 (2) authorize the commission or authorized agent to
27-25 impose and collect a permit fee for:
27-26 (A) construction, installation, alteration,
27-27 repair, or extension of on-site sewage disposal systems; and
28-1 (B) tests, designs, and inspections of those
28-2 systems;
28-3 (3) authorize the commission or authorized agent to
28-4 impose a penalty for a violation of this chapter or a rule adopted
28-5 under this chapter;
28-6 (4) authorize the commission to license or register
28-7 certain persons [require an on-site sewage disposal system
28-8 installer to register with the commission]; and
28-9 (5) allow the individual owner of a disposal system to
28-10 install and repair the system in accordance with this chapter.
28-11 SECTION 22. Section 366.012(a), Health and Safety Code, is
28-12 amended to read as follows:
28-13 (a) To assure the effective and efficient administration of
28-14 this chapter, the commission shall:
28-15 (1) adopt rules governing the installation of on-site
28-16 sewage disposal systems, including rules concerning the:
28-17 (A) review and approval of on-site sewage
28-18 disposal systems; and
28-19 (B) [registration of installers; and]
28-20 [(C)] temporary waiver of a permit for an
28-21 emergency repair; and
28-22 (2) adopt rules under this chapter that encourage the
28-23 use of economically feasible alternative techniques and
28-24 technologies for on-site sewage disposal systems that can be used
28-25 in soils not suitable for conventional on-site sewage disposal.
28-26 SECTION 23. Section 366.014, Health and Safety Code, is
28-27 amended to read as follows:
29-1 Sec. 366.014. DESIGNATED PERSON [REPRESENTATIVE]. Subject to
29-2 the requirements of Section 366.071(b), the [(a) The] commission or
29-3 an authorized agent may designate a person to:
29-4 (1) review permit applications, site evaluations, or
29-5 planning materials; or
29-6 (2) inspect on-site sewage disposal systems [make
29-7 percolation tests, systems designs, and inspections subject to the
29-8 approval of the commission].
29-9 [(b) To qualify as a designated representative, a person
29-10 must:]
29-11 [(1) demonstrate to the commission's satisfaction the
29-12 person's competency to make percolation tests, designs, and
29-13 inspections for on-site sewage disposal systems in accordance with
29-14 this chapter and rules adopted under this chapter;]
29-15 [(2) successfully complete the training program
29-16 provided by the commission;]
29-17 [(3) successfully pass an examination provided by the
29-18 commission;]
29-19 [(4) receive written certification from the
29-20 commission; and]
29-21 [(5) pay a reasonable fee to the commission for
29-22 administration of this training and certification.]
29-23 [(c) Fees collected under this section shall be deposited to
29-24 the credit of the commission occupational licensing account.]
29-25 SECTION 24. Section 366.071, Health and Safety Code, is
29-26 amended to read as follows:
29-27 Sec. 366.071. OCCUPATIONAL LICENSING AND REGISTRATION. (a)
30-1 A person who constructs, installs, alters, extends, or repairs an
30-2 on-site sewage disposal system or any part of an on-site sewage
30-3 disposal system for compensation must hold a license or
30-4 registration issued by the commission under Chapter 37, Water Code.
30-5 (b) A person designated by an authorized agent under Section
30-6 366.014 must hold a license issued by the commission under Chapter
30-7 37, Water Code.
30-8 (c) A person who conducts preconstruction site evaluations,
30-9 including visiting a site and performing a soil analysis, a site
30-10 survey, or other activities necessary to determine the suitability
30-11 of a site for an on-site sewage disposal system must hold a license
30-12 issued by the commission under Chapter 37, Water Code, unless the
30-13 person is licensed by the Texas Board of Professional Engineers as
30-14 an engineer.
30-15 (d) The commission may implement a program under Chapter 37,
30-16 Water Code, to register persons who service or maintain on-site
30-17 sewage disposal systems for compensation. [A person may not
30-18 operate as an installer in this state unless the person is
30-19 registered by the commission.]
30-20 SECTION 25. The following provisions are repealed:
30-21 (1) Sections 26.3573(j), 26.451(1), (2), (5)-(10),
30-22 (13), and (14), 26.453, 26.454, 26.455, 26.457, 26.458, 26.459, and
30-23 34.001(6)-(9), 34.003(d)-(g) and (j), 34.004, 34.005,
30-24 34.006(c)-(j), 34.008, 34.009, and 34.015, Water Code;
30-25 (2) Sections 366.002(3) and (4), 366.013, 366.072,
30-26 366.073, 366.074, 366.075, 366.076, and 366.078, Health and Safety
30-27 Code; and
31-1 (3) Section 3A, The Plumbing License Law (Article
31-2 6243-101, Vernon's Texas Civil Statutes).
31-3 SECTION 26. (a) Except as otherwise provided by this
31-4 section, this Act takes effect September 1, 2001.
31-5 (b) Sections 26.365 and 26.367, Water Code, as added by this
31-6 Act, take effect only if the 77th Legislature, at its regular
31-7 session, enacts a bill providing for the licensing of professional
31-8 geoscientists and that bill becomes law.
31-9 (c) Section 366.071(c), Water Code, as added by this Act,
31-10 takes effect September 1, 2002.
31-11 (d) The change in law made by this Act applies only to an
31-12 application for the issuance or renewal of a license or
31-13 registration that is made on or after January 1, 2002. An
31-14 application made before that date is governed by the law in effect
31-15 immediately before the effective date of this Act, and the former
31-16 law is continued in effect for that purpose.
31-17 (e) The Texas Natural Resource Conservation Commission shall
31-18 adopt rules under Chapter 37, Water Code, as added by this Act, not
31-19 later than December 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3111 was passed by the House on May
5, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3111 was passed by the Senate on May
22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor