By Zbranek H.B. No. 3111
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
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. The Water Code is amended by adding Chapter 37 to
1-6 read as follows:
1-7 CHAPTER 37. OCCUPATIONAL LICENSING AND REGISTRATION
1-8 Sec. 37.001. PURPOSE AND AUTHORITY. (a) The purpose of
1-9 this chapter is to establish a uniform process for administering
1-10 and enforcing occupational licenses and registrations under the
1-11 commission's jurisdiction.
1-12 (b) The commission shall adopt any rules necessary to:
1-13 (1) establish occupational licenses and registrations
1-14 prescribed in Section 26.0301, Section 26.3573, Section 26.452,
1-15 Section 26.456, and Section 34.002 of this code and Section
1-16 341.033, Section 341.034, Section 361.027, and Section 366.071,
1-17 Health and Safety Code;
1-18 (2) establish classes and terms of occupational
1-19 licenses and registrations; and
1-20 (3) administer the provisions of this chapter and
1-21 other laws governing occupational licenses and registrations under
1-22 the commission's jurisdiction.
1-23 Sec. 37.002. DEFINITIONS. In this chapter:
2-1 (1) "Commission" means the Texas Natural Resource
2-2 Conservation Commission.
2-3 (2) "Individual" means a natural person.
2-4 (3) "License" means an occupational license or class
2-5 of license that is issued by the commission to an individual.
2-6 (4) "Person" means an individual, association,
2-7 partnership, corporation, municipality, state or federal agency,
2-8 other legal entity, or an agent or employee thereof.
2-9 (5) "Registration" means an occupational registration
2-10 that is issued by the Commission to a person.
2-11 Sec. 37.003. QUALIFICATIONS. The commission may establish
2-12 qualifications for each license and registration issued under this
2-13 chapter.
2-14 Sec. 37.004. APPLICATION AND PROCESSING APPLICATIONS;
2-15 ISSUING LICENSES AND REGISTRATIONS. (a) The commission shall
2-16 establish requirements and uniform procedures for issuing licenses
2-17 and registrations under this chapter.
2-18 (b) The commission may waive any prerequisite to obtaining a
2-19 license or registration for an applicant after reviewing the
2-20 applicant's credentials and determining that the applicant holds a
2-21 license or registration issued by another state that has
2-22 requirements substantially equivalent to those of this state.
2-23 (c) After notice and hearing, the commission may deny an
2-24 application for a license or registration on any of the following
2-25 grounds:
2-26 (1) a record in the preceding five years of continuing
3-1 violations of statutes or rules adopted under such statutes;
3-2 (2) fraud or deceit in obtaining or applying for a
3-3 license or registration;
3-4 (3) gross negligence, incompetence, or misconduct in
3-5 the performance of activities authorized by a license or
3-6 registration;
3-7 (4) an intentional misstatement or misrepresentation
3-8 of fact in information required to be maintained or submitted to
3-9 the commission by the holder of a license or registration;
3-10 (5) failing to keep and transmit records as required
3-11 by a statute within the commission's jurisdiction or a rule adopted
3-12 under such a statute; or
3-13 (6) at the time of the application, indebtedness to
3-14 the state for a fee, payment of a penalty, or a tax imposed by a
3-15 statute within the commission's jurisdiction or a rule adopted
3-16 under such a statute.
3-17 Sec. 37.005. RENEWALS. (a) The commission shall establish
3-18 requirements and uniform procedures for renewing licenses and
3-19 registrations.
3-20 (b) A person whose application to renew a license or
3-21 registration is timely and sufficient may renew an unexpired
3-22 license or registration by paying the required renewal fee to the
3-23 commission before the expiration date.
3-24 (c) A person whose license or registration has expired may
3-25 not engage in activities that require a license or registration
3-26 until the license or registration has been renewed.
4-1 (d) Not later than the 60 days before the date a person's
4-2 license or registration is scheduled to expire, the commission
4-3 shall send written notice of the impending expiration to the person
4-4 at the person's last known address according to records of the
4-5 commission.
4-6 (e) The commission by rule may adopt a system under which
4-7 licenses or registrations expire on various dates during the year.
4-8 For the year in which the license or registration expiration date
4-9 is changed, the commission shall prorate fees on a monthly basis so
4-10 that each license or registration holder pays only that portion of
4-11 the fee that is allocable to the number of months during which the
4-12 license or registration is valid. On renewal of the license or
4-13 registration on the new expiration date, the total renewal fee is
4-14 payable.
4-15 (f) A person whose license or registration has been expired
4-16 for 30 days or less may apply for renewal of the license or
4-17 registration by paying to the commission a renewal fee that is up
4-18 to 1-1/2 times the normally required renewal fee.
4-19 (g) A person whose license or registration has been expired
4-20 for more than 30 days may not renew the license or registration.
4-21 The person may obtain a new license or registration by complying
4-22 with the requirements and procedures, including the examination
4-23 requirements, for obtaining an original license or registration.
4-24 Sec. 37.006. LICENSING EXAMINATIONS. (A) The commission
4-25 shall prescribe the content of licensing examinations.
4-26 Examinations shall be based on laws, rules, job duties, and
5-1 standards relating to licenses and classes of licenses issued by
5-2 the commission.
5-3 (b) The commission shall determine the location and
5-4 frequency of examinations.
5-5 (c) Not later than the 45th day after the date a person
5-6 takes a licensing examination under this chapter, the commission
5-7 shall notify the person of the results of the examination.
5-8 (d) If requested in writing by a person who fails a
5-9 licensing examination administered under this chapter, the
5-10 commission shall within a reasonable time period furnish the person
5-11 with an analysis of the person's performance on the examination.
5-12 The commission shall ensure an examination analysis does not
5-13 compromise the fair and impartial administration of future
5-14 examinations.
5-15 (e) The commission shall ensure an otherwise qualified
5-16 individual that has a physical, mental, or developmental disability
5-17 shall be provided with reasonable opportunity to take a licensing
5-18 examination.
5-19 Sec. 37.007. TRAINING. (a) Training programs necessary to
5-20 qualify for or renew a license shall be approved by the commission.
5-21 (b) The commission shall establish and make available to the
5-22 public uniform procedures for approving training to qualify for or
5-23 renew a license.
5-24 (c) The commission may recognize, prepare, or administer
5-25 continuing education programs for license holders.
5-26 Sec. 37.008. FEES. (a) The commission shall establish and
6-1 collect fees to cover the cost of administering and enforcing this
6-2 chapter.
6-3 (b) Fees paid to the commission under this chapter shall be
6-4 deposited to the credit of the occupational licensing account in
6-5 the general revenue fund.
6-6 Sec. 37.009. ADVERTISING. (a) The commission may not adopt
6-7 rules restricting advertising or competitive bidding by a license
6-8 or registration holder except to prohibit false, misleading, or
6-9 deceptive practices.
6-10 (b) In its rules to prohibit false, misleading, or deceptive
6-11 practices, the commission may not include a rule that:
6-12 (1) restricts the use of any medium for advertising;
6-13 (2) restricts the use of a license or registration
6-14 holder's personal appearance or voice in an advertisement;
6-15 (3) restricts the size or duration of an advertisement
6-16 by the license or registration holder; or
6-17 (4) restricts the license or registration holder's
6-18 advertisement under a trade name.
6-19 Sec. 37.010. COMPLAINTS. The commission shall prepare and
6-20 make available to the public information describing the procedures
6-21 by which a person may submit licensing and registration complaints
6-22 to the commission.
6-23 Sec. 37.011. COMPLIANCE INFORMATION. In administering this
6-24 chapter, the commission may require a person to provide information
6-25 about other occupational licenses and registrations held,
6-26 including:
7-1 (1) the state in which the license or registration was
7-2 issued,
7-3 (2) the current status of the license or registration,
7-4 and
7-5 (3) whether the license or registration was ever
7-6 denied, suspended, revoked, surrendered, or withdrawn.
7-7 Sec. 37.012. ENFORCEMENT. (a) A person may not engage in
7-8 the business, occupation, or profession prescribed by Section
7-9 26.0301, Section 26.3573, Section 26.452, Section 26.456, or
7-10 Section 34.002 of this code or Section 341.033, Section 341.034,
7-11 Section 361.027, Section 366.014, or Section 366.071, Health and
7-12 Safety Code unless the person holds the appropriate license or
7-13 registration issued by the commission.
7-14 (b) A license or registration holder shall perform the
7-15 business, occupation, or profession governed by a license or
7-16 registration according to applicable laws and rules and orders of
7-17 the commission.
7-18 (c) A person may not cause, suffer, allow, or permit the
7-19 performance of any activity in violation of this chapter or of any
7-20 commission rule or order.
7-21 (d) Excluding Section 341.033 and Section 341.034, Health
7-22 and Safety Code, a violation of this chapter shall be enforced
7-23 under the provisions of Chapter 7 of this code. A violation of
7-24 Section 341.033 or Section 341.034, Health and Safety Code shall be
7-25 enforced according to Chapter 341, Health and Safety Code.
7-26 Sec. 37.013. ROSTER OF LICENSES AND REGISTRATIONS. The
8-1 commission shall maintain and make available to the public an
8-2 official roster of persons who hold licenses and registrations.
8-3 Sec. 37.014. POWER TO CONTRACT. The commission may contract
8-4 with persons to provide services required by this chapter. The
8-5 commission may authorize contractors to collect reasonable fees for
8-6 the services provided.
8-7 SECTION 2. Subsection (a) of Section 7.052, Water Code, is
8-8 amended to read as follows:
8-9 (a) The amount of the penalty for a violation of Chapter 18,
8-10 [32, 33, or] 34, or 37 of this code or Chapter 366, 371, or 372,
8-11 Health and Safety Code, may not exceed $2,500 a day for each
8-12 violation.
8-13 SECTION 3. Section 7.102, Water Code, is amended to read as
8-14 follows:
8-15 Sec. 7.102. Maximum Penalty. A person who causes, suffers,
8-16 allows, or permits a violation of a statute, rule, order, or permit
8-17 relating to Chapter 18, [32, 33, or] 34, or 37 of this code or
8-18 Chapter 366, 371, or 372, Health and Safety Code, shall be assessed
8-19 for each violation a civil penalty not less than $50 nor greater
8-20 than $5,000 for each day of each violation as the court or jury
8-21 considers proper. A person who causes, suffers, allows, or permits
8-22 a violation of a statute, rule, order, or permit relating to any
8-23 other matter within the commission's jurisdiction to enforce, other
8-24 than violations of Chapter 11, 12, 13, 16, or 36 of this code, or
8-25 Chapter 341, Health and Safety Code, shall be assessed for each
8-26 violation a civil penalty not less than $50 nor greater than
9-1 $25,000 for each day of each violation as the court or jury
9-2 considers proper. Each day of a continuing violation is a separate
9-3 violation.
9-4 SECTION 4. Section 7.303, Water Code, is amended to read as
9-5 follows:
9-6 Sec. 7.303. Grounds for Revocation or Suspension of License,
9-7 Certificate, or Registration. (a) This section applies to a
9-8 license, certificate, or registration issued:
9-9 (1) by the commission under:
9-10 (A) Section 26.0301 or 26.459 of this code;
9-11 (B) Chapter 18, [32, 33, or] 34, or 37 of this
9-12 code;
9-13 (C) Section 361.0861, 361.092, or 361.112,
9-14 Health and Safety Code; or
9-15 (D) Chapter 366, 371, or 401, Health and Safety
9-16 Code;
9-17 (2) by a county under Subchapter E, Chapter 361,
9-18 Health and Safety Code; or
9-19 (3) under a rule adopted under any of those
9-20 provisions.
9-21 (b) After notice and hearing, the commission may suspend or
9-22 revoke a license, certificate, or registration the commission or a
9-23 county has issued, place on probation a person whose license,
9-24 certificate, or registration has been suspended, reprimand the
9-25 holder of a license, certificate, or registration, or refuse to
9-26 renew or reissue a license, certificate, or registration on any of
10-1 the following grounds:
10-2 (1) having a record of environmental violations in the
10-3 preceding five years [at the licensed, certified, or registered
10-4 site];
10-5 (2) committing fraud or deceit in obtaining the
10-6 license, certificate, or registration;
10-7 (3) demonstrating gross negligence, incompetency, or
10-8 misconduct while acting as holder of a license, certificate, or
10-9 registration;
10-10 (4) making an intentional misstatement or
10-11 misrepresentation of fact in information required to be maintained
10-12 or submitted to the commission by the holder of the license,
10-13 certificate, or registration;
10-14 (5) failing to keep and transmit records as required
10-15 by a statute within the commission's jurisdiction or a rule adopted
10-16 under such a statute;
10-17 (6) being indebted to the state for a fee, payment of
10-18 a penalty, or a tax imposed by a statute within the commission's
10-19 jurisdiction or a rule adopted under such a statute;
10-20 (7) [with respect to a license issued under Chapter
10-21 18] failing to continue to possess qualifications necessary for the
10-22 issuance of an original license;
10-23 (8) with respect to a license, registration, or
10-24 certificate of competency issued under Section 26.0301 or Chapter
10-25 37, violating a discharge permit of a sewage treatment plant,
10-26 unless:
11-1 (A) the holder of the license, registration, or
11-2 certificate is unable to properly operate the sewage treatment or
11-3 collection facility due to the refusal of the permit holder to
11-4 authorize necessary expenditures to operate the sewage treatment or
11-5 collection facility properly; or
11-6 (B) failure of the sewage treatment or
11-7 collection facility to comply with its discharge permit results
11-8 from faulty design of the sewage treatment or collection facility;
11-9 (9) [with respect to a license issued under Chapter
11-10 32, failing to advise a person for whom a well is being drilled
11-11 that injurious water has been encountered, is a pollution hazard,
11-12 and must be immediately plugged in an acceptable manner; or]
11-13 [(10)] with respect to a license or registration
11-14 issued under Chapter 37 of this code or Chapter 366, Health and
11-15 Safety Code, violating either [that] chapter or a rule adopted
11-16 under either [that] chapter; or
11-17 (10) [(11)] with respect to a license issued under
11-18 Subchapter E, Chapter 361, Health and Safety Code, violating that
11-19 chapter or another applicable law or a commission rule governing
11-20 the processing, storage, or disposal of solid waste.
11-21 SECTION 5. Sec. 26.0301, Water Code is amended to read as
11-22 follows:
11-23 Sec. 26.0301. WASTEWATER OPERATIONS COMPANY REGISTRATION AND
11-24 OPERATOR LICENSING [CERTIFICATE OF COMPETENCY]. (a) The holders
11-25 of permits to discharge wastewater from a sewage treatment facility
11-26 shall employ a treatment plant operator holding a valid license
12-1 [certificate of competency] issued under the direction of the
12-2 commission.
12-3 (b) Every person[, company, corporation, firm, or
12-4 partnership] that [employs sewage treatment plant operators and] is
12-5 in the business of providing [as a] sewage treatment or collection
12-6 facility services under contract [operations] must hold a valid
12-7 registration [certificate of competency] issued under the direction
12-8 of the commission under Chapter 37 of this code. [Any employee of
12-9 a person, company, corporation, firm, or partnership who will be
12-10 operating a sewage treatment facility must hold a valid certificate
12-11 of competency issued under the direction of the commission.]
12-12 (c) A person who performs process control activities at a
12-13 sewage treatment facility or supervises the maintenance of a sewage
12-14 collection system must hold a valid license issued under the
12-15 direction of the commission under Chapter 37 of this code [The
12-16 commission by rule shall set a fee to be paid by each applicant or
12-17 licensee on the issuance or renewal of a certificate of competency
12-18 under this section. The amount of the fee is determined according
12-19 to the costs of the commission in administering this section, but
12-20 may not exceed $25 annually for an individual wastewater treatment
12-21 plant operator and $500 annually for a person, company,
12-22 corporation, firm, or partnership that is in the business as a
12-23 wastewater treatment facility operations company. The commission
12-24 shall deposit any fees collected under this subsection in the state
12-25 treasury to the credit of the commission occupational licensing
12-26 account].
13-1 SECTION 6. Section 26.3573, Water Code, is amended to read
13-2 as follows:
13-3 Sec. 26.3573. Petroleum Storage Tank Remediation Account.
13-4 (a) The petroleum storage tank remediation account is an account
13-5 in the general revenue fund. The commission shall administer the
13-6 account in accordance with this subchapter.
13-7 (b) The petroleum storage tank remediation account consists
13-8 of money from:
13-9 (1) fees charged under Section 26.3574 of this code;
13-10 (2) the interest and penalties for the late payment of
13-11 the fee charged under Section 26.3574 of this code;
13-12 (3) funds received from cost recovery for corrective
13-13 action and enforcement actions concerning petroleum storage tanks
13-14 as provided by this subchapter; and
13-15 (4) temporary cash transfers and other transfers from
13-16 the general revenue fund authorized by Section 403.092(c),
13-17 Government Code.
13-18 (c) Interest earned on amounts in the petroleum storage tank
13-19 remediation account shall be credited to the general revenue fund.
13-20 (d) The commission may use the money in the petroleum
13-21 storage tank remediation account to pay:
13-22 (1) necessary expenses associated with the
13-23 administration of the petroleum storage tank remediation account
13-24 and the groundwater protection cleanup program, not to exceed an
13-25 amount equal to 6.7 percent of the gross receipts of that account;
13-26 (2) expenses associated with investigation, cleanup,
14-1 or corrective action measures performed in response to a release or
14-2 threatened release from a petroleum storage tank, whether those
14-3 expenses are incurred by the commission or pursuant to a contract
14-4 between a contractor and an eligible owner or operator as
14-5 authorized by this subchapter; and
14-6 (3) subject to the conditions of Subsection (e) of
14-7 this section, expenses associated with investigation, cleanup, or
14-8 corrective action measures performed in response to a release or
14-9 threatened release of hydraulic fluid or spent oil from hydraulic
14-10 lift systems or tanks located at a vehicle service and fueling
14-11 facility and used as part of the operations of that facility.
14-12 (e) To consolidate appropriations, the commission may
14-13 transfer from the petroleum storage tank remediation account to the
14-14 waste management account an amount equal to the amounts authorized
14-15 under Subsection (d)(1), subject to the requirements of that
14-16 subsection.
14-17 (f) The commission may pay from the account expenses under
14-18 Subsection (d)(3) of this section, whether or not the hydraulic
14-19 fluid or spent oil contamination is mixed with petroleum product
14-20 contamination, but the commission may require an eligible owner or
14-21 operator to demonstrate that the release of spent oil is not mixed
14-22 with any substance except:
14-23 (1) hydraulic fluid from a hydraulic lift system;
14-24 (2) petroleum products from a petroleum storage tank
14-25 system; or
14-26 (3) another substance that was contained in the
15-1 hydraulic lift system or the spent oil tank owned or operated by
15-2 the person claiming reimbursement.
15-3 (g) The commission, in accordance with this subchapter and
15-4 rules adopted under this subchapter, may:
15-5 (1) contract directly with a person to perform
15-6 corrective action and pay the contractor from the petroleum storage
15-7 tank remediation account;
15-8 (2) reimburse an eligible owner or operator from the
15-9 petroleum storage tank remediation account for the expenses of a
15-10 corrective action that was:
15-11 (A) performed on or after September 1, 1987; and
15-12 (B) conducted in response to a confirmed release
15-13 that was initially discovered and reported to the commission on or
15-14 before December 22, 1998; or
15-15 (3) pay the claim of a person who has contracted with
15-16 an eligible owner or operator to perform corrective action with
15-17 funds from the petroleum storage tank remediation account.
15-18 (h) The commission shall administer the petroleum storage
15-19 tank remediation account and by rule adopt guidelines and
15-20 procedures for the use of and eligibility for that account, subject
15-21 to the availability of money in that account, as the commission
15-22 finds necessary to:
15-23 (1) make the most efficient use of the money
15-24 available, including:
15-25 (A) establishing priorities for payments from
15-26 the account; and
16-1 (B) suspending payments from the account; and
16-2 (2) provide the most effective protection to the
16-3 environment and provide for the public health and safety.
16-4 (i) Consistent with the objectives provided under Subsection
16-5 (h) of this section and this subchapter, the commission may by rule
16-6 adopt:
16-7 (1) guidelines the commission considers necessary for
16-8 determining the amounts that may be paid from the petroleum storage
16-9 tank remediation account; and
16-10 (2) guidelines concerning reimbursement for expenses
16-11 incurred by an eligible owner or operator and covered under Section
16-12 26.3512(d) of this code.
16-13 (j) The commission may implement a program under Chapter 37
16-14 of this code to register persons who contract with an owner or
16-15 operator of an underground storage tank or an above ground storage
16-16 tank, or with any other person, to perform corrective action under
16-17 this subchapter.
16-18 (1) The commission, on the request of a professional
16-19 engineer licensed or registered by the Texas Board of Professional
16-20 Engineers, shall register the engineer in the program.
16-21 (2) An engineer registered in the program may contract
16-22 to perform corrective action under this subchapter unless the Texas
16-23 Board of Professional Engineers determines the engineer is not
16-24 qualified to perform a corrective action.
16-25 (3) An engineer registered under this subsection is
16-26 subject only to the examination requirements, continuing education
17-1 requirements, fees, and disciplinary procedures adopted by the
17-2 Texas Board of Professional Engineers.
17-3 (4) The commission may not adopt minimum
17-4 qualifications for a professional engineer licensed or registered
17-5 by the Texas Board of Professional Engineers with whom an eligible
17-6 owner or operator may contract to participate in a corrective
17-7 action or who performs or supervises the corrective action.
17-8 (5) Any qualified contractor registered under Chapter
17-9 37 of this code may conduct the characterization, study, appraisal,
17-10 or investigation of a site.
17-11 (k) The commission may implement a program under Chapter 37
17-12 of this code to license persons who supervise a corrective action
17-13 under this subchapter.
17-14 (1) The commission, on the request of a professional
17-15 engineer licensed or registered by the Texas Board of Professional
17-16 Engineers, shall license the engineer in the program.
17-17 (2) An engineer licensed in the program may supervise
17-18 a corrective action under this subchapter unless the Texas Board of
17-19 Professional Engineers determines the engineer is not qualified to
17-20 supervise a corrective action.
17-21 (3) An engineer licensed under this subsection is
17-22 subject only to the examination requirements, continuing education
17-23 requirements, fees, and disciplinary procedures adopted by the
17-24 Texas Board of Professional Engineers.
17-25 (4) The commission may not adopt minimum
17-26 qualifications for a professional engineer licensed or registered
18-1 by the Texas Board of Professional Engineers with whom an eligible
18-2 owner or operator may contract to participate in a corrective
18-3 action or who performs or supervises the corrective action.
18-4 (l) The commission may require the use of registered
18-5 contractors and licensed supervisors by an eligible owner or
18-6 operator as a prerequisite to the payment of money from the
18-7 petroleum storage tank remediation account for corrective action
18-8 under this subchapter.
18-9 (m) If a site remediation involves the installation or
18-10 construction of on-site equipment, structures, or systems used in
18-11 the extraction or management of wastes, except for soil excavation
18-12 and landfill disposal or well sampling and monitoring, the owner or
18-13 operator is not eligible for reimbursement from the petroleum
18-14 storage tank remediation account unless the plans and
18-15 specifications for the equipment, structures, or systems are sealed
18-16 by a professional engineer licensed or registered by the Texas
18-17 Board of Professional Engineers and the equipment, structures, or
18-18 systems are constructed under the supervision of a professional
18-19 engineer licensed or registered by the Texas Board of Professional
18-20 Engineers [The commission by rule may implement a registration
18-21 program for persons who contract with an owner or operator of an
18-22 underground storage tank or an aboveground storage tank, or with
18-23 any other person, to perform corrective action under this
18-24 subchapter. The commission, on the request of an appropriately
18-25 licensed or registered professional engineer, shall register the
18-26 engineer in the program. An engineer registered in the program may
19-1 contract to perform corrective action under this subchapter unless
19-2 the State Board of Registration for Professional Engineers
19-3 determines the engineer is not qualified to perform a corrective
19-4 action. An engineer registered in the program is subject only to
19-5 the examination requirements, continuing education requirements,
19-6 fees, and disciplinary procedures adopted by the State Board of
19-7 Registration for Professional Engineers. The commission may adopt
19-8 minimum qualifications for a person, other than an appropriately
19-9 licensed or registered professional engineer, with whom an eligible
19-10 owner or operator may contract to participate in a corrective
19-11 action and for a person, other than an appropriately licensed or
19-12 registered professional engineer, who performs or supervises the
19-13 corrective action. The commission may require the use of
19-14 registered contractors and registered corrective action supervisors
19-15 by an eligible owner or operator as a prerequisite to the payment
19-16 of money from the petroleum storage tank remediation account for
19-17 corrective action under this subchapter. Any qualified registered
19-18 contractor may conduct the characterization, study, appraisal, or
19-19 investigation of a site. If a site remediation involves the
19-20 installation or construction of on-site equipment, structures, or
19-21 systems used in the extraction or management of wastes, except for
19-22 soil excavation and landfill disposal or well sampling and
19-23 monitoring, the owner or operator is not eligible for reimbursement
19-24 from the petroleum storage tank remediation account unless the
19-25 plans and specifications for the equipment, structures, or systems
19-26 are sealed by an appropriately licensed or registered professional
20-1 engineer and the equipment, structures, or systems are constructed
20-2 under the supervision of an appropriately licensed or registered
20-3 professional engineer. The commission by rule may establish a fee
20-4 schedule and charge fees necessary to defray the costs of
20-5 administering the registration program, including fees for
20-6 processing applications, printing certificates, conducting
20-7 examinations, and similar activities. Fees collected under this
20-8 subsection shall be deposited in the state treasury to the credit
20-9 of the commission occupational licensing account. A person who
20-10 violates a rule or order adopted by the commission under this
20-11 subsection is subject to the appropriate sanctions and penalties
20-12 imposed under this chapter].
20-13 (n) [(k)] The commission shall hear any complaint regarding
20-14 the payment of a claim from the petroleum storage tank remediation
20-15 account arising from a contract between a contractor and an
20-16 eligible owner or operator. A hearing held under this subsection
20-17 shall be conducted in accordance with the procedures for a
20-18 contested case under Chapter 2001, Government Code. An appeal of a
20-19 commission decision under this subsection shall be to the district
20-20 court of Travis County and the substantial evidence rule applies.
20-21 (o) [(l)] The commission shall satisfy a claim for payment
20-22 that is eligible to be paid under this subchapter and the rules
20-23 adopted under this subchapter made by a contractor, from the
20-24 petroleum storage tank remediation account as provided by this
20-25 section and rules adopted by the commission under this section,
20-26 regardless of whether the commission:
21-1 (1) contracts directly for the goods or services; or
21-2 (2) pays a claim under a contract executed by a
21-3 petroleum storage tank owner or operator.
21-4 (p) [(m)] The commission may use any amount up to $1 million
21-5 from the petroleum storage tank remediation account to pay expenses
21-6 associated with the corrective action for each occurrence taken in
21-7 response to a release from a petroleum storage tank.
21-8 (q) [(n)] The petroleum storage tank remediation account may
21-9 not be used for corrective action taken in response to a release
21-10 from an underground storage tank if the sole or principal substance
21-11 in the tank is a hazardous substance.
21-12 (r) [(o)] The petroleum storage tank remediation account may
21-13 be used to pay for corrective action in response to a release
21-14 whether the action is taken inside or outside of the boundaries of
21-15 the property on which the leaking petroleum storage tank is
21-16 located.
21-17 (s) [(p)] The petroleum storage tank remediation account may
21-18 not be used to compensate third parties for bodily injury or
21-19 property damage.
21-20 (t) [(q)] Notwithstanding any other law to the contrary, an
21-21 owner or operator, or an agent of an owner or operator, is not
21-22 entitled to and may not be paid interest on any claim for payment
21-23 from the petroleum storage tank remediation account.
21-24 SECTION 7. Subchapter K, Chapter 26, Water Code, is amended
21-25 to read as follows:
21-26 SUBCHAPTER K. OCCUPATIONAL LICENSING AND REGISTRATION
22-1 [UNDERGROUND STORAGE TANK INSTALLERS]
22-2 Sec. 26.452. UNDERGROUND STORAGE TANK CONTRACTOR
22-3 REGISTRATION [CERTIFICATE OF REGISTRATION]. (a) A person who
22-4 offers to undertake, represents itself as being able to undertake,
22-5 or undertakes to install, repair, or remove an underground storage
22-6 tank must hold a registration issued by the commission under
22-7 Chapter 37 of this code [An underground storage tank contractor
22-8 must apply to the commission for a certificate of registration on a
22-9 form prescribed by the commission]. If the contractor is a
22-10 partnership or joint venture, it need not register in its own name
22-11 if each partner or joint venture is registered.
22-12 (b) An underground storage tank contractor must have an
22-13 on-site supervisor who is licensed by the commission under Chapter
22-14 37 at the site at all times during the critical junctures of the
22-15 installation, repair, or removal [A certificate of registration is
22-16 valid for one year from the date of issue and is renewable annually
22-17 on payment of the annual fee. An initial certification of
22-18 registration may be issued for a period of less than one year and
22-19 the annual fee shall be prorated proportionally].
22-20 (c) This subchapter does not apply to the installation of a
22-21 storage tank or other facility exempt from regulation under Section
22-22 26.344 [Each certificate of registration must be posted in a
22-23 conspicuous place in the contractor's place of business.]
22-24 [(d) All bids, proposals, offers, and installation drawings
22-25 must prominently display the contractor's certificate of
22-26 registration number.]
23-1 [(e) A certificate of registration issued under this
23-2 subchapter is not transferable].
23-3 Sec. 26.456. UNDERGROUND STORAGE TANK ON-SITE SUPERVISOR
23-4 LICENSING [LICENSE]. (a) A person supervising the installation,
23-5 repair, or removal of an underground storage tank must hold a
23-6 license issued by the commission under Chapter 37 of this code [The
23-7 commission shall issue an installer or on-site supervisor license
23-8 to an applicant who:]
23-9 [(1) is at least 18 years of age;]
23-10 [(2) meets the application requirements prescribed by
23-11 commission rule, including experience in installation of
23-12 underground storage tanks, underground utilities, or other
23-13 engineering construction in this state, not to exceed two years of
23-14 active experience;]
23-15 [(3) passes the licensing examination;]
23-16 [(4) pays the application, examination, and licensing
23-17 fees; and]
23-18 [(5) meets reasonable training requirements as
23-19 determined by the commission].
23-20 (b) An on-site supervisor must be present at the site at all
23-21 times during the critical junctures of the installation, repair, or
23-22 removal [A license issued under this subchapter is valid throughout
23-23 this state but is not assignable or transferable].
23-24 SECTION 8. Section 34.001, Water Code, is amended to read as
23-25 follows:
23-26 Sec. 34.001. DEFINITIONS. In this chapter:
24-1 (1) "Person" means a natural person.
24-2 (2) "Commission" means the Texas Natural Resource
24-3 Conservation Commission.
24-4 (3) "Council" means the [Texas] irrigators advisory
24-5 council.
24-6 (4) "Executive director" means the executive director
24-7 of the Texas Natural Resource Conservation Commission or the
24-8 executive director's designee.
24-9 (5) "Irrigation system" means an assembly of component
24-10 parts permanently installed for the controlled distribution and
24-11 conservation of water for the purpose of irrigating any type of
24-12 landscape vegetation in any location or for the purpose of dust
24-13 reduction or erosion control. Irrigation system does not include a
24-14 system used on or by an agricultural operation as defined in
24-15 Section 251.002, Agriculture Code.
24-16 [(6) "Irrigator" means a person who sells, designs,
24-17 consults, installs, maintains, alters, repairs, or services an
24-18 irrigation system including the connection of such system in and to
24-19 a private or public, raw or potable water supply system or any
24-20 water supply. The term does not include:]
24-21 [(A) a person who assists in the installation,
24-22 maintenance, alteration, repair, or service of an irrigation system
24-23 under the direct supervision of a licensed irrigator; or]
24-24 [(B) an owner of a business that regularly
24-25 employs a licensed irrigator who directly supervises the business's
24-26 sale, design, consultation, installation, maintenance, alteration,
25-1 repair, and service of irrigation systems.]
25-2 [(7) "Licensed irrigator" means an irrigator who has
25-3 prequalified and is licensed under this chapter.]
25-4 [(8) "Installer" means a person who actually connects
25-5 an irrigation system to a private or public, raw or potable water
25-6 supply system or any water supply.]
25-7 [(9) "Licensed installer" means an installer who has
25-8 prequalified and is licensed under this chapter.]
25-9 Sec. 34.002. LANDSCAPE IRRIGATOR AND INSTALLER LICENSING AND
25-10 EXEMPTIONS. (a) A person who sells, designs, installs, maintains,
25-11 alters, repairs, or services an irrigation system, provides
25-12 consulting services relating to an irrigation system, or connects
25-13 an irrigation system to a private or public, raw or potable water
25-14 supply system or any water supply must hold a license issued by the
25-15 commission under Chapter 37 of this code. The commission may not
25-16 require a person who held a license as a landscape irrigator under
25-17 Chapter 457, Acts of the 61st Legislature, Regular Session, 1969
25-18 (Article 249c, Vernon's Texas Civil Statutes), on August 27, 1979
25-19 to pass an examination in order to be licensed.
25-20 (b) The licensure requirements of this chapter do not apply
25-21 to:
25-22 (1) any person licensed by the Texas State Board of
25-23 Plumbing Examiners;
25-24 (2) a registered professional engineer or architect or
25-25 landscape architect if his or her acts are incidental to the
25-26 pursuit of his or her profession;
26-1 (3) irrigation or yard sprinkler work done by a
26-2 property owner in a building or on premises owned or occupied by
26-3 him or her as his or her home;
26-4 (4) irrigation or yard sprinkler repair work, other
26-5 than extension of an existing irrigation or yard sprinkler system
26-6 or installation of a replacement system, done by a maintenance
26-7 person incidental to and on premises owned by the business in which
26-8 he or she is regularly employed or engaged and who does not engage
26-9 in the occupation of licensed irrigator or in yard sprinkler
26-10 construction or maintenance for the general public;
26-11 (5) irrigation or yard sprinkler work done on the
26-12 premises or equipment of a railroad by a regular employee of the
26-13 railroad who does not engage in the occupation of licensed
26-14 irrigator or in yard sprinkler construction or maintenance for the
26-15 general public;
26-16 (6) irrigation and yard sprinkler work done by a
26-17 person who is regularly employed by a county, city, town, special
26-18 district, or political subdivision of the state on public property;
26-19 (7) irrigation or yard sprinkler work done by a person
26-20 using a garden hose, hose sprinkler, hose-end product, [soaker
26-21 hose,] or agricultural irrigation system;
26-22 (8) activities involving a [portable or solid set or
26-23 other type of] commercial agricultural irrigation system;
26-24 (9) irrigation or yard sprinkler work done by an
26-25 agriculturist, agronomist, horticulturist, forester, gardener,
26-26 contract gardener, garden or lawn caretaker, nurseryman, or grader
27-1 or cultivator of land on land owned by himself or herself;
27-2 (10) a person who assists in the installation,
27-3 maintenance, alteration, repair, or service of an irrigation system
27-4 under the direct supervision of an individual that is licensed
27-5 under subsection (a);
27-6 (11) an owner of a business that employs an individual
27-7 licensed under subsection (a) above to supervise the business's
27-8 sale, design, consultation, installation, maintenance, alteration,
27-9 repair, and service of irrigation systems; or
27-10 (12) [(10)] irrigation or yard sprinkler work done by
27-11 a member of a property owners' association as defined by Section
27-12 202.001, Property Code, on real property owned by the association
27-13 or in common by the members of the association if the irrigation or
27-14 yard sprinkler system waters real property that:
27-15 (A) is less than one-half acre in size; and
27-16 (B) is used for:
27-17 (i) aesthetic purposes; or
27-18 (ii) recreational purposes.
27-19 (c) [(b)] A person who is exempt from the licensure
27-20 requirements of this chapter shall comply with the standards
27-21 established by this chapter and the rules adopted under this
27-22 chapter [Irrigation system does not include a system used on or by
27-23 an agricultural operation as defined in Section 251.002,
27-24 Agriculture Code].
27-25 SECTION 9. Subsections (a) and (i), Section 34.003, Water
27-26 Code, are amended to read as follows:
28-1 (a) The commission shall appoint an advisory council for the
28-2 purpose of providing advice to the commission and staff concerning
28-3 matters relating to landscape irrigation. The [Texas] irrigator[s]
28-4 advisory council is composed of nine members appointed by the
28-5 commission. Appointments to the council shall be made without
28-6 regard to the race, creed, sex, religion, or national origin of the
28-7 appointees.
28-8 (i) The council shall hold meetings at the call of the
28-9 commission or chairman [Meetings shall be conducted in compliance
28-10 with Chapter 551, Government Code].
28-11 SECTION 10. Subsection (a), Section 34.006, Water Code, is
28-12 amended to read as follows:
28-13 (a) The commission shall [adopt only those rules consistent
28-14 with this chapter to govern the conduct of its business and
28-15 proceedings authorized under this chapter and shall] adopt
28-16 standards governing the connection[s] of irrigation systems to
28-17 [public or private water supplies] any water supply [by a licensed
28-18 irrigator or a licensed installer]. The commission may adopt
28-19 standards for landscape irrigation that include water conservation,
28-20 irrigation system design and installation, and conformance with
28-21 municipal codes [by a licensed irrigator or a licensed installer].
28-22 The commission may not adopt any standard or rule that requires or
28-23 prohibits the use of any irrigation system, component part, or
28-24 equipment of any particular brand or manufacturer.
28-25 SECTION 11. Subsection (a), Section 341.033, Health and
28-26 Safety Code, is amended to read as follows:
29-1 (a) A person may not furnish drinking water to the public
29-2 for a charge unless the production, processing, treatment, and
29-3 distribution are at all times under the supervision of a water
29-4 supply system operator holding a license issued by the commission
29-5 under Chapter 37, Water Code [valid certificate of competency
29-6 issued under Section 341.034].
29-7 SECTION 12. Section 341.034, Health and Safety Code, is
29-8 amended to read as follows:
29-9 Sec. 341.034. PUBLIC WATER SUPPLY OPERATIONS COMPANY
29-10 REGISTRATION AND [SYSTEM] OPERATOR LICENSING [: CERTIFICATE OF
29-11 COMPETENCY]. (a) A person who operates a public water supply on a
29-12 contract basis must hold a registration issued by the commission
29-13 under Chapter 37, Water Code [The commission shall adopt rules
29-14 establishing classes of certificates, duration of certificates, and
29-15 fees].
29-16 (b) A person who performs process control duties in
29-17 production or distribution of drinking water for a public water
29-18 system must hold a license issued by the commission under Chapter
29-19 37, Water Code, unless:
29-20 (1) the duties are provided to a transient,
29-21 non-community water system, and
29-22 (2) the water system uses ground water that is not
29-23 under the influence of surface water [Before a certificate of
29-24 competency license is issued or renewed under this subchapter, an
29-25 applicant for or holder of a certificate must pay an annual $10
29-26 fee. On receipt of the required fee, the commission shall issue to
30-1 a qualified person a certificate of competency].
30-2 (c) A person who repairs or tests the installation or
30-3 operation of backflow prevention assemblies must hold a license
30-4 issued by the commission under Chapter 37, Water Code [Fees
30-5 collected by the commission under this section shall be deposited
30-6 to the credit of the commission occupational licensing account].
30-7 (d) A person who inspects homes and businesses to identify
30-8 potential or actual cross-connections or other contaminant hazards
30-9 in public water systems must hold a license issued by the
30-10 commission under Chapter 37, Water Code, unless the person is
30-11 licensed by the Texas State Board of Plumbing Examiners as a
30-12 plumbing inspector or water supply protection specialist.
30-13 (e) Unless the person is licensed by the Texas Board of
30-14 Plumbing Examiners, a person must hold a license issued by the
30-15 commission under Chapter 37, Water Code, if the person under
30-16 contract:
30-17 (1) installs, exchanges, connects, maintains, or
30-18 services potable water treatment equipment and appliances in public
30-19 or private water systems; or
30-20 (2) analyzes water to determine how to treat influent
30-21 or effluent water, alter or purify water, add or remove a mineral,
30-22 chemical, or bacterial content or substance as part of the complete
30-23 installation, exchange, connection, maintenance, or service of
30-24 potable water treatment equipment and appliances.
30-25 SECTION 13. Section 361.027, Health and Safety Code, is
30-26 amended by amending the heading and Subsection (a) to read as
31-1 follows:
31-2 Sec. 361.027. [TRAINING OF] SOLID WASTE SUPERVISOR LICENSING
31-3 [TECHNICIANS]. (a) The commission may implement a program under
31-4 Chapter 37, Water Code to license persons who supervise the
31-5 operation or maintenance of solid waste facilities[:]
31-6 [(1) develop a program to train solid waste
31-7 technicians to improve the competency of those technicians; and]
31-8 [(2) issue letters of competency].
31-9 SECTION 14. Section 366.001, Health and Safety Code, is
31-10 amended to read as follows:
31-11 Sec. 366.001. Policy and Purpose. It is the public policy of
31-12 this state and the purpose of this chapter to:
31-13 (1) eliminate and prevent health hazards by regulating
31-14 and properly planning the location, design, construction,
31-15 installation, operation, and maintenance of on-site sewage disposal
31-16 systems;
31-17 (2) authorize the commission or authorized agent to
31-18 impose and collect a permit fee for:
31-19 (A) construction, installation, alteration,
31-20 repair, or extension of on-site sewage disposal systems; and
31-21 (B) tests, designs, and inspections of those
31-22 systems;
31-23 (3) authorize the commission or authorized agent to
31-24 impose a penalty for a violation of this chapter or a rule adopted
31-25 under this chapter;
31-26 (4) authorize the commission to license or register
32-1 certain persons [require an on-site sewage disposal system
32-2 installer to register with the commission]; and
32-3 (5) allow the individual owner of a disposal system to
32-4 install and repair the system in accordance with this chapter.
32-5 SECTION 15. Section 366.002, Health and Safety Code, is
32-6 amended to read as follows:
32-7 Sec. 366.002. Definitions. In this chapter:
32-8 (1) "Authorized agent" means a local governmental
32-9 entity authorized by the commission to implement and enforce rules
32-10 under this chapter.
32-11 (2) "Commission" means the Texas Natural Resource
32-12 Conservation Commission.
32-13 [(3) "Designated representative" means a person who is
32-14 designated by the commission or authorized agent to make
32-15 percolation tests, system designs, and inspections subject to the
32-16 commission's approval.]
32-17 [(4) "Installer" means a person who is compensated by
32-18 another to construct, install, alter, or repair an on-site sewage
32-19 disposal system.]
32-20 (3) [(5)] "Local governmental entity" means a
32-21 municipality, county, river authority, or special district,
32-22 including an underground water district, soil and water
32-23 conservation district, or public health district.
32-24 (4) [(6)] "Nuisance" means:
32-25 (A) sewage, human excreta, or other organic
32-26 waste discharged or exposed in a manner that makes it a potential
33-1 instrument or medium in the transmission of disease to or between
33-2 persons; or
33-3 (B) an overflowing septic tank or similar
33-4 device, including surface discharge from or groundwater
33-5 contamination by a component of an on-site sewage disposal system,
33-6 or a blatant discharge from an on-site sewage disposal system.
33-7 (5) [(7)] "On-site sewage disposal system" means one
33-8 or more systems of treatment devices and disposal facilities that:
33-9 (A) produce not more than 5,000 gallons of waste
33-10 each day; and
33-11 (B) are used only for disposal of sewage
33-12 produced on a site on which any part of the system is located.
33-13 (6) [(8)] "Owner" means a person who owns a building
33-14 or other property served by an on-site sewage disposal system.
33-15 (7) [(9)] "Sewage" means waste that:
33-16 (A) is primarily organic and biodegradable or
33-17 decomposable; and
33-18 (B) generally originates as human, animal, or
33-19 plant waste from certain activities, including the use of toilet
33-20 facilities, washing, bathing, and preparing food.
33-21 SECTION 16. Section 366.012, Health and Safety Code, is
33-22 amended to read as follows:
33-23 Sec. 366.012. Rules Concerning On-Site Sewage Disposal
33-24 Systems. (a) To assure the effective and efficient administration
33-25 of this chapter, the commission shall:
33-26 (1) adopt rules governing the installation of on-site
34-1 sewage disposal systems, including rules concerning the:
34-2 (A) review and approval of on-site sewage
34-3 disposal systems and[;]
34-4 (B) [registration of installers; and]
34-5 [(C)] temporary waiver of a permit for an
34-6 emergency repair; and
34-7 (2) adopt rules under this chapter that encourage the
34-8 use of economically feasible alternative techniques and
34-9 technologies for on-site sewage disposal systems that can be used
34-10 in soils not suitable for conventional on-site sewage disposal.
34-11 (b) In rules adopted under this chapter, the commission
34-12 shall include definitions and detailed descriptions of good
34-13 management practices and procedures for the construction of on-site
34-14 sewage disposal systems that:
34-15 (1) justify variation in field size or in other
34-16 standard requirements;
34-17 (2) promote the use of good management practices or
34-18 procedures in the construction of on-site sewage disposal systems;
34-19 (3) require the use of one or more specific management
34-20 practices or procedures as a condition of approval of a standard
34-21 on-site sewage disposal system if, in the opinion of the commission
34-22 or authorized agent, site conditions or other problems require the
34-23 use of additional management practices or procedures to ensure the
34-24 proper operation of an on-site sewage disposal system; and
34-25 (4) make available general, operational information to
34-26 the public.
35-1 SECTION 17. Section 366.014, Health and Safety Code, is
35-2 amended to read as follows:
35-3 Sec. 366.014. DESIGNATED PERSON [REPRESENTATIVE]. (a)
35-4 Subject to the requirements of Section 366.071(b), the [The]
35-5 commission or an authorized agent may designate a person to:
35-6 (1) review permit applications, site evaluations, or
35-7 planning materials [make percolation tests, systems designs,] or
35-8 [and]
35-9 (2) inspect[ions] on-site sewage disposal systems
35-10 [subject to the approval of the commission].
35-11 SECTION 18. Section 366.071, Health and Safety Code, is
35-12 amended to read as follows:
35-13 Sec. 366.071. OCCUPATIONAL LICENSING AND REGISTRATION. (a)
35-14 A person who constructs, installs, alters, extends, or repairs an
35-15 on-site sewage disposal system or any part of an on-site sewage
35-16 disposal system for compensation by another must hold a license or
35-17 registration issued by the commission under Chapter 37, Water Code.
35-18 (b) A person designated by an authorized agent under Section
35-19 366.014 must hold a license issued by the commission under Chapter
35-20 37, Water Code.
35-21 (c) Effective September 1, 2002, a person who conducts
35-22 pre-construction site evaluations, including visiting a site and
35-23 performing a soil analysis, a site survey, or other activities
35-24 necessary to determine the suitability of a site for an on-site
35-25 sewage disposal system must hold a license issued by the commission
35-26 under Chapter 37, Water Code, unless the person is licensed by the
36-1 Texas Board of Professional Engineers as a professional engineer.
36-2 (d) The commission may implement a program under Chapter 37,
36-3 Water Code to register persons who service or maintain on-site
36-4 sewage disposal systems for compensation [A person may not operate
36-5 as an installer in this state unless the person is registered by
36-6 the commission].
36-7 SECTION 19. Sec. 3A of The Plumbing License Law
36-8 (Art. 6243-101, Vernon's Revised Civil Statutes) is repealed.
36-9 SECTION 20. The following provisions of the Water Code are
36-10 repealed:
36-11 (1) Sections 26.451(1)-(2), 26.451(5)-(10),
36-12 26.451(13)-(14), 26.453, 26.454, 26.455, 26.457, 26.458, and
36-13 26.459; and
36-14 (2) Sections 34.003(d)-(g), 34.003(j)-(k), 34.004,
36-15 34.005, 34.006(c)-(j) 34.007, 34.008, 34.009, and 34.015.
36-16 SECTION 21. The following provisions of the Health and Safety
36-17 Code are repealed:
36-18 (1) Sections 361.027(b)-(c); and
36-19 (2) Sections 366.013, 366.014(b), 366.014(c), 366.072,
36-20 366.073, 366.074, 366.075, 366.076, and 366.078.
36-21 SECTION 22. SEVERABILITY. If any provision of this Act or
36-22 its application to any person or circumstance is held invalid, the
36-23 invalidity does not affect other provisions or applications of this
36-24 Act that that can be given effect without the invalid provision or
36-25 application, and to this end the provisions of this Act are
36-26 declared to be severable.
37-1 SECTION 23. EFFECTIVE DATE. This Act takes effect September
37-2 1, 2001.