1-1     By:  Zbranek (Senate Sponsor - Bernsen)               H.B. No. 3111
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Natural
 1-4     Resources; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 7, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to occupational licenses and registrations issued by the
 1-9     Texas Natural Resource Conservation Commission.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Title 2, Water Code, is amended by adding Subtitle
1-12     F to read as follows:
1-13            SUBTITLE F.  OCCUPATIONAL LICENSING AND REGISTRATION
1-14            CHAPTER 37.  OCCUPATIONAL LICENSING AND REGISTRATION
1-15           Sec. 37.001.  DEFINITIONS. In this chapter:
1-16                 (1)  "Commission" means the Texas Natural Resource
1-17     Conservation Commission.
1-18                 (2)  "License" means an occupational license or class
1-19     of license issued by the commission to an individual.
1-20                 (3)  "Registration" means an occupational registration
1-21     issued by the commission to a person.
1-22           Sec. 37.002.  RULES. The commission shall adopt any rules
1-23     necessary to:
1-24                 (1)  establish occupational licenses and registrations
1-25     prescribed by Sections 26.0301, 26.3573, 26.452, 26.456, and 34.007
1-26     of this code and Sections 341.033, 341.034, 361.027, and 366.071,
1-27     Health and Safety Code;
1-28                 (2)  establish classes and terms of occupational
1-29     licenses and registrations; and
1-30                 (3)  administer the provisions of this chapter and
1-31     other laws governing occupational licenses and registrations under
1-32     the commission's jurisdiction.
1-33           Sec. 37.003.  LICENSE OR REGISTRATION REQUIRED. A person may
1-34     not engage in a business, occupation, or profession described by
1-35     Section 26.0301, 26.3573, 26.452, 26.456, or 34.007 of this code or
1-36     Section 341.033, 341.034, 361.027, 366.014, or 366.071, Health and
1-37     Safety Code, unless the person holds the appropriate license or
1-38     registration issued by the commission.
1-39           Sec. 37.004.  QUALIFICATIONS. The commission may establish
1-40     qualifications for each license and registration issued under this
1-41     chapter.
1-42           Sec. 37.005.  ISSUANCE AND DENIAL OF LICENSES AND
1-43     REGISTRATIONS. (a)  The commission shall establish requirements and
1-44     uniform procedures for issuing licenses and registrations under
1-45     this chapter.
1-46           (b)  The commission may waive any prerequisite to obtaining a
1-47     license or registration for an applicant after reviewing the
1-48     applicant's credentials and determining that the applicant holds a
1-49     license or registration issued by another state that has
1-50     requirements substantially equivalent to those of this state.
1-51           (c)  After notice and hearing, the commission may deny an
1-52     application for a license or registration by an applicant who:
1-53                 (1)  has a record in the preceding five years of
1-54     continuing violations of statutes or rules adopted under those
1-55     statutes;
1-56                 (2)  has engaged in fraud or deceit in obtaining or
1-57     applying for a license or registration;
1-58                 (3)  has demonstrated gross negligence, incompetence,
1-59     or misconduct in the performance of activities authorized by a
1-60     license or registration;
1-61                 (4)  made an intentional misstatement or
1-62     misrepresentation of fact in information required to be maintained
1-63     or submitted to the commission by the license or registration
1-64     holder;
 2-1                 (5)  failed to keep and transmit records as required by
 2-2     a statute within the commission's jurisdiction or a rule adopted
 2-3     under such a statute; or
 2-4                 (6)  at the time the application is submitted, is
 2-5     indebted to the state for a fee, penalty, or tax imposed by a
 2-6     statute within the commission's jurisdiction or a rule adopted
 2-7     under such a statute.
 2-8           Sec. 37.006.  RENEWAL OF LICENSE OR REGISTRATION. (a)  The
 2-9     commission shall establish requirements and uniform procedures for
2-10     renewing licenses and registrations.
2-11           (b)  The commission by rule may adopt a system under which
2-12     licenses or registrations expire on various dates during the year.
2-13     For the year in which the license or registration expiration date
2-14     is changed, the commission shall prorate fees on a monthly basis so
2-15     that each license or registration holder pays only that portion of
2-16     the fee that is allocable to the number of months during which the
2-17     license or registration is valid.  On renewal of the license or
2-18     registration on the new expiration date, the total renewal fee is
2-19     payable.
2-20           (c)  Not later than the 60th day before the date a person's
2-21     license or registration is scheduled to expire, the commission
2-22     shall send written notice of the impending expiration to the person
2-23     at the person's last known address according to the records of the
2-24     commission.
2-25           (d)  A person may renew an unexpired license or registration
2-26     by submitting an application accompanied by the required renewal
2-27     fee.
2-28           (e)  A person whose license or registration has expired may
2-29     not engage in activities that require a license or registration
2-30     until the license or registration is renewed.
2-31           (f)  A person whose license or registration has been expired
2-32     for 30 days or less may apply for renewal of the license or
2-33     registration by paying to the commission a renewal fee in an amount
2-34     prescribed by commission rule not to exceed 1-1/2 times the
2-35     normally required renewal fee.
2-36           (g)  A person whose license or registration has been expired
2-37     for more than 30 days may not renew the license or registration.
2-38     The person may obtain a new license or registration by complying
2-39     with the requirements and procedures, including the examination
2-40     requirements, for obtaining an original license or registration.
2-41           Sec. 37.007.  LICENSING EXAMINATIONS. (a)  The commission
2-42     shall prescribe the content of licensing examinations. Examinations
2-43     shall be based on laws, rules, job duties, and standards relating
2-44     to licenses issued by the commission.
2-45           (b)  The commission shall determine the location and
2-46     frequency of examinations.
2-47           (c)  Not later than the 45th day after the date a person
2-48     takes a licensing examination under this chapter, the commission
2-49     shall notify the person of the results of the examination.
2-50           (d)  If requested in writing by a person who fails a
2-51     licensing examination administered under this chapter, the
2-52     commission, within a reasonable time, shall provide the person with
2-53     an analysis of the person's performance on the examination.  The
2-54     commission shall ensure that an examination analysis does not
2-55     compromise the fair and impartial administration of future
2-56     examinations.
2-57           (e)  The commission shall ensure that an otherwise qualified
2-58     person with a physical, mental, or developmental disability is
2-59     provided with a reasonable opportunity to take a licensing
2-60     examination.
2-61           Sec. 37.008.  TRAINING; CONTINUING EDUCATION. (a)  The
2-62     commission shall approve training programs necessary to qualify for
2-63     or renew a license.
2-64           (b)  The commission shall establish and make available to the
2-65     public uniform procedures for approving training to qualify for or
2-66     renew a license.
2-67           (c)  The commission may recognize, prepare, or administer
2-68     continuing education programs for license holders.
2-69           Sec. 37.009.  FEES. (a)  The commission shall establish and
 3-1     collect fees to cover the cost of administering and enforcing this
 3-2     chapter and licenses and registrations issued under this chapter.
 3-3           (b)  Fees paid to the commission under this chapter shall be
 3-4     deposited in the state treasury to the credit of the commission
 3-5     occupational licensing account.
 3-6           Sec. 37.010.  ADVERTISING. (a)  The commission may not adopt
 3-7     rules restricting advertising or competitive bidding by a license
 3-8     or registration holder except to prohibit false, misleading, or
 3-9     deceptive practices.
3-10           (b)  In its rules to prohibit false, misleading, or deceptive
3-11     practices, the commission may not include a rule that restricts:
3-12                 (1)  the use of any medium for advertising;
3-13                 (2)  the use of a license or registration holder's
3-14     personal appearance or voice in an advertisement;
3-15                 (3)  the use or duration of an advertisement by the
3-16     license or registration holder; or
3-17                 (4)  the license or registration holder's advertisement
3-18     under a trade name.
3-19           Sec. 37.011.  COMPLAINTS. The commission shall prepare and
3-20     make available to the public information describing the procedures
3-21     by which a person may submit licensing and registration complaints
3-22     to the commission.
3-23           Sec. 37.012.  COMPLIANCE INFORMATION. In administering this
3-24     chapter, the commission may require a person to provide information
3-25     about other occupational licenses and registrations held by the
3-26     person, including:
3-27                 (1)  the state in which the license or registration was
3-28     issued;
3-29                 (2)  the current status of the license or registration;
3-30     and
3-31                 (3)  whether the license or registration was ever
3-32     denied, suspended, revoked, surrendered, or withdrawn.
3-33           Sec. 37.013.  PRACTICE OF OCCUPATION. A license or
3-34     registration holder must engage in the business, occupation, or
3-35     profession governed by the license or registration according to
3-36     applicable laws and commission rules and orders.
3-37           Sec. 37.014.  ROSTER OF LICENSE HOLDERS AND REGISTRANTS. The
3-38     commission shall maintain and make available to the public an
3-39     official roster of persons who hold licenses and registrations
3-40     issued under this chapter.
3-41           Sec. 37.015.  POWER TO CONTRACT. The commission may contract
3-42     with persons to provide services required by this chapter.  The
3-43     commission may authorize contractors to collect reasonable fees for
3-44     the services provided.
3-45           SECTION 2. Section 7.052(a), Water Code, is amended to read
3-46     as follows:
3-47           (a)  The amount of the penalty for a violation of Chapter 18,
3-48     [32, 33, or] 34, or 37 of this code or Chapter 366, 371, or 372,
3-49     Health and Safety Code, may not exceed $2,500 a day for each
3-50     violation.
3-51           SECTION 3. Section 7.102, Water Code, is amended to read as
3-52     follows:
3-53           Sec. 7.102.  MAXIMUM PENALTY. A person who causes, suffers,
3-54     allows, or permits a violation of a statute, rule, order, or permit
3-55     relating to Chapter 18, [32, 33, or] 34, or 37 of this code or
3-56     Chapter 366, 371, or 372, Health and Safety Code, shall be assessed
3-57     for each violation a civil penalty not less than $50 nor greater
3-58     than $5,000 for each day of each violation as the court or jury
3-59     considers proper.  A person who causes, suffers, allows, or permits
3-60     a violation of a statute, rule, order, or permit relating to any
3-61     other matter within the commission's jurisdiction to enforce, other
3-62     than violations of Chapter 11, 12, 13, 16, or 36 of this code, or
3-63     Chapter 341, Health and Safety Code, shall be assessed for each
3-64     violation a civil penalty not less than $50 nor greater than
3-65     $25,000 for each day of each violation as the court or jury
3-66     considers proper.  Each day of a continuing violation is a separate
3-67     violation.
3-68           SECTION 4. Sections 7.156(a) and (b), Water Code, are amended
3-69     to read as follows:
 4-1           (a)  A person or business entity commits an offense if:
 4-2                 (1)  the person or business entity engages in the
 4-3     installation, repair, or removal of an underground storage tank and
 4-4     the person or business entity:
 4-5                       (A)  does not hold a [certificate of]
 4-6     registration [issued] under Section 26.452; and
 4-7                       (B)  is not under the substantial control of a
 4-8     person or business entity who holds a [certificate of] registration
 4-9     [issued] under Section 26.452;
4-10                 (2)  the person or business entity:
4-11                       (A)  authorizes or allows the installation,
4-12     repair, or removal of an underground storage tank to be conducted
4-13     by a person or business entity who does not hold a [certificate of]
4-14     registration [issued] under Section 26.452; or
4-15                       (B)  authorizes or allows the installation,
4-16     repair, or removal of an underground storage tank to be performed
4-17     or supervised by a person or business entity who does not hold a
4-18     license [issued] under Section 26.456; or
4-19                 (3)  the conduct of the person or business entity makes
4-20     the person or business entity responsible for a violation of
4-21     Subchapter K, Chapter 26, or of a rule adopted or order issued
4-22     under that subchapter.
4-23           (b)  A person commits an offense if the person performs or
4-24     supervises the installation, repair, or removal of an underground
4-25     storage tank unless:
4-26                 (1)  the person holds a license [issued] under Section
4-27     26.456; or
4-28                 (2)  another person who holds a license [issued] under
4-29     Section 26.456 is substantially responsible for the performance or
4-30     supervision of the installation, repair, or removal.
4-31           SECTION 5. Section 7.303, Water Code, is amended to read as
4-32     follows:
4-33           Sec. 7.303.  GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE,
4-34     CERTIFICATE, OR REGISTRATION. (a)  This section applies to a
4-35     license, certificate, or registration issued:
4-36                 (1)  by the commission under:
4-37                       (A)  Section 26.0301 [or 26.459 of this code];
4-38                       (B)  Chapter 18, [32, 33, or] 34, or 37 [of this
4-39     code];
4-40                       (C)  Section 361.0861, 361.092, or 361.112,
4-41     Health and Safety Code; or
4-42                       (D)  Chapter 366, 371, or 401, Health and Safety
4-43     Code;
4-44                 (2)  by a county under Subchapter E, Chapter 361,
4-45     Health and Safety Code; or
4-46                 (3)  under a rule adopted under any of those
4-47     provisions.
4-48           (b)  After notice and hearing, the commission may suspend or
4-49     revoke a license, certificate, or registration the commission or a
4-50     county has issued, place on probation a person whose license,
4-51     certificate, or registration has been suspended, reprimand the
4-52     holder of a license, certificate, or registration, or refuse to
4-53     renew or reissue a license, certificate, or registration on any of
4-54     the following grounds:
4-55                 (1)  having a record of environmental violations in the
4-56     preceding five years [at the licensed, certified, or registered
4-57     site];
4-58                 (2)  committing fraud or deceit in obtaining the
4-59     license, certificate, or registration;
4-60                 (3)  demonstrating gross negligence, incompetency, or
4-61     misconduct while acting as holder of a license, certificate, or
4-62     registration;
4-63                 (4)  making an intentional misstatement or
4-64     misrepresentation of fact in information required to be maintained
4-65     or submitted to the commission by the holder of the license,
4-66     certificate, or registration;
4-67                 (5)  failing to keep and transmit records as required
4-68     by a statute within the commission's jurisdiction or a rule adopted
4-69     under such a statute;
 5-1                 (6)  being indebted to the state for a fee, payment of
 5-2     a penalty, or a tax imposed by a statute within the commission's
 5-3     jurisdiction or a rule adopted under such a statute;
 5-4                 (7)  [with respect to a license issued under Chapter
 5-5     18,] failing to continue to possess qualifications necessary for
 5-6     the issuance of an original license;
 5-7                 (8)  with respect to a license or registration
 5-8     [certificate of competency] issued under Section 26.0301 or Chapter
 5-9     37, violating a discharge permit of a sewage treatment plant,
5-10     unless:
5-11                       (A)  the holder of the license or registration
5-12     [certificate] is unable to properly operate the sewage treatment or
5-13     collection facility due to the refusal of the permit holder to
5-14     authorize necessary expenditures to operate the sewage treatment or
5-15     collection facility properly; or
5-16                       (B)  failure of the sewage treatment or
5-17     collection facility to comply with its discharge permit results
5-18     from faulty design of the [sewage treatment] facility;
5-19                 (9)  [with respect to a license issued under Chapter
5-20     32, failing to advise a person for whom a well is being drilled
5-21     that injurious water has been encountered, is a pollution hazard,
5-22     and must be immediately plugged in an acceptable manner;]
5-23                 [(10)]  with respect to a license or registration
5-24     issued under Chapter 37 of this code or Chapter 366, Health and
5-25     Safety Code, violating either [that] chapter or a rule adopted
5-26     under either [that] chapter; or
5-27                 (10) [(11)]  with respect to a license issued under
5-28     Subchapter E, Chapter 361, Health and Safety Code, violating that
5-29     chapter or another applicable law or a commission rule governing
5-30     the processing, storage, or disposal of solid waste.
5-31           SECTION 6. Section 26.0301, Water Code, is amended to read as
5-32     follows:
5-33           Sec. 26.0301.  WASTEWATER OPERATIONS COMPANY REGISTRATION AND
5-34     OPERATOR LICENSING [CERTIFICATE OF COMPETENCY]. (a)  The holders of
5-35     permits to discharge wastewater from a sewage treatment facility
5-36     shall employ a treatment plant operator holding a valid license
5-37     [certificate of competency] issued by [under the direction of] the
5-38     commission under Chapter 37 for the type of facility being
5-39     operated.
5-40           (b)  Every person[, company, corporation, firm, or
5-41     partnership] that [employs sewage treatment plant operators and] is
5-42     in the business of providing [as a] sewage treatment or collection
5-43     facility services under contract [operations] must hold a valid
5-44     registration [certificate of competency] issued by [under the
5-45     direction of] the commission under Chapter 37.  [Any employee of a
5-46     person, company, corporation, firm, or partnership who will be
5-47     operating a sewage treatment facility must hold a valid certificate
5-48     of competency issued under the direction of the commission.]
5-49           (c)  A person who performs process control activities at a
5-50     sewage treatment facility or supervises the maintenance of a sewage
5-51     collection system must hold a license issued by the commission
5-52     under Chapter 37. [The commission by rule shall set a fee to be
5-53     paid by each applicant or licensee on the issuance or renewal of a
5-54     certificate of competency under this section.  The amount of the
5-55     fee is determined according to the costs of the commission in
5-56     administering this section, but may not exceed $25 annually for an
5-57     individual wastewater treatment plant operator and $500 annually
5-58     for a person, company, corporation, firm, or partnership that is in
5-59     the business as a wastewater treatment facility operations company.
5-60     The commission shall deposit any fees collected under this
5-61     subsection in the state treasury to the credit of the commission
5-62     occupational licensing account.]
5-63           SECTION 7. Section 26.0405(b), Water Code, is amended to read
5-64     as follows:
5-65           (b)  A person who discharges under a permit issued under this
5-66     section is not required to hold a license or registration
5-67     [certificate of competency issued] under Section 26.0301.
5-68           SECTION 8. Section 26.3573, Water Code, is amended by adding
5-69     Subsections (r) and (s) to read as follows:
 6-1           (r)  The commission may prohibit the use of the petroleum
 6-2     storage tank remediation account to pay for corrective action if
 6-3     the action is taken by:
 6-4                 (1)  a contractor who is not registered under Section
 6-5     26.364; or
 6-6                 (2)  a supervisor who is not licensed under Section
 6-7     26.366.
 6-8           (s)  The petroleum storage tank remediation account may not
 6-9     be used to pay for a site remediation that involves the
6-10     installation or construction of on-site equipment, structures, or
6-11     systems used in the extraction or management of wastes, except for
6-12     soil excavation and landfill disposal or well sampling and
6-13     monitoring, unless:
6-14                 (1)  the plans and specifications for the equipment,
6-15     structures, or systems are sealed by an engineer licensed by the
6-16     Texas Board of Professional Engineers; and
6-17                 (2)  the equipment, structures, or systems are
6-18     constructed under the supervision of an engineer licensed by the
6-19     Texas Board of Professional Engineers.
6-20           SECTION 9. Subchapter I, Chapter 26, Water Code, is amended
6-21     by adding Sections 26.364, 26.365, 26.366, and 26.367 to read as
6-22     follows:
6-23           Sec. 26.364.  REGISTRATION OF PERSONS WHO CONTRACT TO PERFORM
6-24     CORRECTIVE ACTION. (a)  The commission may implement a program
6-25     under Chapter 37 to register persons who contract to perform
6-26     corrective action under this subchapter.
6-27           (b)  The commission, on the request of an engineer licensed
6-28     by the Texas Board of Professional Engineers, shall register the
6-29     engineer in the program.
6-30           (c)  An engineer registered in the program may contract to
6-31     perform corrective action under this subchapter unless the Texas
6-32     Board of Professional Engineers determines the engineer is not
6-33     qualified to perform a corrective action.
6-34           (d)  An engineer registered under this section is not subject
6-35     to the commission's examination or continuing education
6-36     requirements, fees, or disciplinary procedures.
6-37           (e)  The commission may not adopt minimum qualifications for
6-38     an engineer licensed by the Texas Board of Professional Engineers
6-39     to contract with an eligible owner or operator to perform a
6-40     corrective action under this subchapter.
6-41           (f)  Any qualified contractor registered under Chapter 37 may
6-42     conduct the characterization, study, appraisal, or investigation of
6-43     a site.
6-44           Sec. 26.365.  REGISTRATION OF GEOSCIENTISTS WHO CONTRACT TO
6-45     PERFORM CORRECTIVE ACTION. (a)  In administering the program
6-46     implemented under Section 26.364(a), the commission, on the request
6-47     of a geoscientist licensed by the Texas Board of Professional
6-48     Geoscientists, or an equivalent entity that licenses geoscientists,
6-49     shall register the geoscientist in the program.
6-50           (b)  A geoscientist registered in the program may contract to
6-51     perform corrective action under this subchapter unless the Texas
6-52     Board of Professional Geoscientists, or an equivalent entity that
6-53     licenses geoscientists, determines that the geoscientist is not
6-54     qualified to perform a corrective action.
6-55           (c)  A geoscientist registered under this section is not
6-56     subject to the commission's examination or continuing education
6-57     requirements, fees, or disciplinary proceedings.
6-58           (d)  The commission may not adopt minimum qualifications for
6-59     a geoscientist licensed by the Texas Board of Professional
6-60     Geoscientists, or an equivalent entity that licenses geoscientists,
6-61     to contract with an eligible owner or operator to perform a
6-62     corrective action under this subchapter.
6-63           Sec. 26.366.  LICENSURE OF PERSONS WHO SUPERVISE CORRECTIVE
6-64     ACTIONS. (a)  The commission may implement a program under Chapter
6-65     37 to license persons who supervise a corrective action under this
6-66     subchapter.
6-67           (b)  The commission, on the request of an engineer licensed
6-68     by the Texas Board of Professional Engineers, shall license the
6-69     engineer in the program.
 7-1           (c)  An engineer licensed in the program may supervise a
 7-2     corrective action under this subchapter unless the Texas Board of
 7-3     Professional Engineers determines the engineer is not qualified to
 7-4     supervise a corrective action.
 7-5           (d)  An engineer licensed under this section is not subject
 7-6     to the commission's examination or continuing education
 7-7     requirements, fees, or disciplinary procedures.
 7-8           (e)  The commission may not adopt minimum qualifications for
 7-9     an engineer licensed by the Texas Board of Professional Engineers
7-10     to supervise a corrective action under this subchapter.
7-11           Sec. 26.367.  LICENSURE OF GEOSCIENTISTS WHO SUPERVISE
7-12     CORRECTIVE ACTIONS. (a)  In administering the program implemented
7-13     under Section 26.366(a), the commission, on the request of a
7-14     geoscientist licensed by the Texas Board of Professional
7-15     Geoscientists, or an equivalent entity that licenses geoscientists,
7-16     shall license the geoscientist in the program.
7-17           (b)  A geoscientist licensed in the program may supervise a
7-18     corrective action under this subchapter unless the Texas Board of
7-19     Professional Geoscientists, or an equivalent entity that licenses
7-20     geoscientists, determines that the geoscientist is not qualified to
7-21     supervise a corrective action.
7-22           (c)  A geoscientist licensed under this section is not
7-23     subject to the commission's examination or continuing education
7-24     requirements, fees, or disciplinary proceedings.
7-25           (d)  The commission may not adopt minimum qualifications for
7-26     a geoscientist licensed by the Texas Board of Professional
7-27     Geoscientists, or an equivalent entity that licenses geoscientists,
7-28     to contract with an eligible owner or operator to supervise a
7-29     corrective action under this subchapter.
7-30           SECTION 10. The heading to Subchapter K, Chapter 26, Water
7-31     Code, is amended to read as follows:
7-32           SUBCHAPTER K.  OCCUPATIONAL LICENSING AND REGISTRATION
7-33                    [UNDERGROUND STORAGE TANK INSTALLERS]
7-34           SECTION 11. Sections 26.452 and 26.456, Water Code, are
7-35     amended to read as follows:
7-36           Sec. 26.452.  UNDERGROUND STORAGE TANK CONTRACTOR
7-37     [CERTIFICATE OF REGISTRATION]. (a)  A person who offers to
7-38     undertake, represents that the person is able to undertake, or
7-39     undertakes to install, repair, or remove an underground storage
7-40     tank must hold a registration issued by the commission under
7-41     Chapter 37. [An underground storage tank contractor must apply to
7-42     the commission for a certificate of registration on a form
7-43     prescribed by the commission.]  If the person [contractor] is a
7-44     partnership or joint venture, it need not register in its own name
7-45     if each partner or joint venture is registered.
7-46           (b)  An underground storage tank contractor must have an
7-47     on-site supervisor who is licensed by the commission under Chapter
7-48     37 at the site at all times during the critical junctures of the
7-49     installation, repair, or removal.  [A certificate of registration
7-50     is valid for one year from the date of issue and is renewable
7-51     annually on payment of the annual fee.  An initial certification of
7-52     registration may be issued for a period of less than one year and
7-53     the annual fee shall be prorated proportionally.]
7-54           (c)  This subchapter does not apply to the installation of a
7-55     storage tank or other facility exempt from regulation under Section
7-56     26.344. [Each certificate of registration must be posted in a
7-57     conspicuous place in the contractor's place of business.]
7-58           [(d)  All bids, proposals, offers, and installation drawings
7-59     must prominently display the contractor's certificate of
7-60     registration number.]
7-61           [(e)  A certificate of registration issued under this
7-62     subchapter is not transferable.]
7-63           Sec. 26.456.  UNDERGROUND STORAGE TANK ON-SITE SUPERVISOR
7-64     LICENSING [LICENSE]. (a)  A person supervising the installation,
7-65     repair, or removal of an underground storage tank must hold a
7-66     license issued by the commission under Chapter 37. [The commission
7-67     shall issue an installer or on-site supervisor license to an
7-68     applicant who:]
7-69                 [(1)  is at least 18 years of age;]
 8-1                 [(2)  meets the application requirements prescribed by
 8-2     commission rule, including experience in installation of
 8-3     underground storage tanks, underground utilities, or other
 8-4     engineering construction in this state, not to exceed two years of
 8-5     active experience;]
 8-6                 [(3)  passes the licensing examination;]
 8-7                 [(4)  pays the application, examination, and licensing
 8-8     fees; and]
 8-9                 [(5)  meets reasonable training requirements as
8-10     determined by the commission.]
8-11           (b)  An on-site supervisor must be present at the site at all
8-12     times during the critical junctures of the installation, repair, or
8-13     removal. [A license issued under this subchapter is valid
8-14     throughout this state but is not assignable or transferable.]
8-15           SECTION 12. Sections 34.001(3) and (5), Water Code, are
8-16     amended to read as follows:
8-17                 (3)  "Council" means the irrigator [Texas irrigators]
8-18     advisory council.
8-19                 (5)  "Irrigation system" means an assembly of component
8-20     parts permanently installed for the controlled distribution and
8-21     conservation of water for the purpose of irrigating any type of
8-22     landscape vegetation in any location or for the purpose of dust
8-23     reduction or erosion control.  The term does not include a system
8-24     used on or by an agricultural operation as defined by Section
8-25     251.002, Agriculture Code.
8-26           SECTION 13. Section 34.002, Water Code, is amended to read as
8-27     follows:
8-28           Sec. 34.002.  EXEMPTIONS. (a)  The licensure requirements of
8-29     this chapter do not apply to:
8-30                 (1)  any person licensed by the Texas State Board of
8-31     Plumbing Examiners;
8-32                 (2)  a registered professional engineer or architect or
8-33     landscape architect if his or her acts are incidental to the
8-34     pursuit of his or her profession;
8-35                 (3)  irrigation or yard sprinkler work done by a
8-36     property owner in a building or on premises owned or occupied by
8-37     him or her as his or her home;
8-38                 (4)  irrigation or yard sprinkler repair work, other
8-39     than extension of an existing irrigation or yard sprinkler system
8-40     or installation of a replacement system, done by a maintenance
8-41     person incidental to and on premises owned by the business in which
8-42     he or she is regularly employed or engaged and who does not engage
8-43     in the occupation of licensed irrigator or in yard sprinkler
8-44     construction or maintenance for the general public;
8-45                 (5)  irrigation or yard sprinkler work done on the
8-46     premises or equipment of a railroad by a regular employee of the
8-47     railroad who does not engage in the occupation of licensed
8-48     irrigator or in yard sprinkler construction or maintenance for the
8-49     general public;
8-50                 (6)  irrigation and yard sprinkler work done by a
8-51     person who is regularly employed by a county, city, town, special
8-52     district, or political subdivision of the state on public property;
8-53                 (7)  irrigation or yard sprinkler work done by a person
8-54     using a garden hose, hose sprinkler, hose-end product, [soaker
8-55     hose,] or agricultural irrigation system;
8-56                 (8)  activities involving a [portable or solid set or
8-57     other type of] commercial agricultural irrigation system;
8-58                 (9)  irrigation or yard sprinkler work done by an
8-59     agriculturist, agronomist, horticulturist, forester, gardener,
8-60     contract gardener, garden or lawn caretaker, nurseryman, or grader
8-61     or cultivator of land on land owned by himself or herself;  [or]
8-62                 (10)  irrigation or yard sprinkler work done by a
8-63     member of a property owners' association as defined by Section
8-64     202.001, Property Code, on real property owned by the association
8-65     or in common by the members of the association if the irrigation or
8-66     yard sprinkler system waters real property that:
8-67                       (A)  is less than one-half acre in size; and
8-68                       (B)  is used for:
8-69                             (i)  aesthetic purposes; or
 9-1                             (ii)  recreational purposes;
 9-2                 (11)  a person who assists in the installation,
 9-3     maintenance, alteration, repair, or service of an irrigation system
 9-4     under the direct supervision of an individual described by Section
 9-5     34.007 who is licensed under Chapter 37; or
 9-6                 (12)  an owner of a business that employs an individual
 9-7     described by Section 34.007 who is licensed under Chapter 37 to
 9-8     supervise the business's sale, design, consultation, installation,
 9-9     maintenance, alteration, repair, and service of irrigation systems.
9-10           (b)  A person who is exempt from the licensure requirements
9-11     of this chapter shall comply with the standards established by this
9-12     chapter and the rules adopted under this chapter.  [Irrigation
9-13     system does not include a system used on or by an agricultural
9-14     operation as defined in Section 251.002, Agriculture Code.]
9-15           SECTION 14. The heading for Section 34.003, Water Code, is
9-16     amended to read as follows:
9-17           Sec. 34.003.  IRRIGATOR [IRRIGATORS] ADVISORY COUNCIL.
9-18           SECTION 15. Section 34.003, Water Code, is amended by
9-19     amending Subsections (a), (i), and (k) and adding Subsection (l) to
9-20     read as follows:
9-21           (a)  The irrigator [Texas irrigators] advisory council is
9-22     composed of nine members appointed by the commission.  Appointments
9-23     to the council shall be made without regard to the race, creed,
9-24     sex, religion, or national origin of the appointees.
9-25           (i)  The council shall hold meetings at the call of the
9-26     commission or chairman.  [Meetings shall be conducted in compliance
9-27     with Chapter 551, Government Code.]
9-28           (k)  The council shall elect a chairman [by a majority vote
9-29     at the first meeting each fiscal year].
9-30           (l)  The council shall provide advice to the commission and
9-31     the commission's staff concerning matters relating to landscape
9-32     irrigation.
9-33           SECTION 16. Section 34.006(a), Water Code, is amended to read
9-34     as follows:
9-35           (a)  The commission shall [adopt only those rules consistent
9-36     with this chapter to govern the conduct of its business and
9-37     proceedings authorized under this chapter and shall] adopt
9-38     standards governing the connection of irrigation systems
9-39     [connections] to any water supply [public or private water supplies
9-40     by a licensed irrigator or a licensed installer].  The commission
9-41     may adopt standards for landscape irrigation that include water
9-42     conservation, irrigation system design and installation, and
9-43     conformance with municipal codes [by a licensed irrigator or a
9-44     licensed installer].  The commission may not adopt any standard or
9-45     rule that requires or prohibits the use of any irrigation system,
9-46     component part, or equipment of any particular brand or
9-47     manufacturer.
9-48           SECTION 17. Section 34.007, Water Code, is amended to read as
9-49     follows:
9-50           Sec. 34.007.  LANDSCAPE IRRIGATOR AND INSTALLER LICENSE
9-51     [REGISTRATION] REQUIREMENT. (a)  A person who sells, designs,
9-52     installs, maintains, alters, repairs, or services an irrigation
9-53     system, provides consulting services relating to an irrigation
9-54     system, or connects an irrigation system to a private or public,
9-55     raw or potable water supply system or any water supply must hold a
9-56     license issued by the commission under Chapter 37. [No person may
9-57     act as a licensed irrigator or installer unless he or she has a
9-58     valid certificate of registration under this chapter.]
9-59           (b)  The commission may not require a person who held a
9-60     license as a landscape architect under Chapter 457, Acts of the
9-61     61st Legislature, Regular Session, 1969 (Article 249c, Vernon's
9-62     Texas Civil Statutes), on August 27, 1979, to pass an examination
9-63     in order to be licensed. [The commission shall issue certificates
9-64     of registration to persons who have prequalified to act as licensed
9-65     irrigators or licensed installers by passing a uniform, reasonable
9-66     examination which will include the principles of cross connections
9-67     and safety devices to prevent contamination of potable water
9-68     supplies.]
9-69           [(c)  The commission shall provide in its rules for the
 10-1    preparation, administration, and grading of examinations to acquire
 10-2    certificates of registration under this chapter.  The fee for
 10-3    taking the examination shall be set by the commission not to exceed
 10-4    $200 for the irrigator certificate of registration and not to
 10-5    exceed $150 for the installer certificate of registration.]
 10-6          [(d)  A person holding a certificate of registration under
 10-7    this chapter shall not be required to comply with any other
 10-8    licensing requirements of other state agencies to perform any
 10-9    function within the scope of the certificate issued under this
10-10    chapter.]
10-11          [(e)  Not later than the 45th day after the day on which a
10-12    person completes an examination administered by the commission, the
10-13    commission shall send to the person his or her examination results.
10-14    If requested in writing by a person who fails the examination, the
10-15    commission shall send to the person not later than the 60th day
10-16    after the day on which the written request is received by the
10-17    commission an analysis of the person's performance on the
10-18    examination.]
10-19          [(f)  The commission shall adopt rules establishing classes
10-20    of certificates and fees.]
10-21          SECTION 18. Section 341.033(a), Health and Safety Code, is
10-22    amended to read as follows:
10-23          (a)  A person may not furnish drinking water to the public
10-24    for a charge unless the production, processing, treatment, and
10-25    distribution are at all times under the supervision of a water
10-26    supply system operator holding a license issued by the commission
10-27    under Chapter 37, Water Code [valid certificate of competency
10-28    issued under Section 341.034].
10-29          SECTION 19. Section 341.034, Health and Safety Code, is
10-30    amended to read as follows:
10-31          Sec. 341.034.  LICENSING AND REGISTRATION OF PERSONS WHO
10-32    PERFORM DUTIES RELATING TO PUBLIC WATER SUPPLIES [SUPPLY SYSTEM
10-33    OPERATOR:  CERTIFICATE OF COMPETENCY]. (a)  A person who operates a
10-34    public water supply on a contract basis must hold a registration
10-35    issued by the commission under Chapter 37, Water Code.
10-36          (b)  A person who performs process control duties in
10-37    production or distribution of drinking water for a public water
10-38    system must hold a license issued by the commission under Chapter
10-39    37, Water Code, unless:
10-40                (1)  the duties are provided to a transient,
10-41    noncommunity water system; and
10-42                (2)  the water system uses groundwater that is not
10-43    under the influence of surface water.
10-44          (c)  A person who repairs or tests the installation or
10-45    operation of backflow prevention assemblies must hold a license
10-46    issued by the commission under Chapter 37, Water Code.
10-47          (d)  A person who inspects homes and businesses to identify
10-48    potential or actual cross-connections or other contaminant hazards
10-49    in public water systems must hold a license issued by the
10-50    commission under Chapter 37, Water Code, unless the person is
10-51    licensed by the Texas State Board of Plumbing Examiners as a
10-52    plumbing inspector or water supply protection specialist.
10-53          (e)  Unless the person is licensed by the Texas State Board
10-54    of Plumbing Examiners, a person must hold a license issued by the
10-55    commission under Chapter 37, Water Code, if, under a contract, the
10-56    person:
10-57                (1)  installs, exchanges, connects, maintains, or
10-58    services potable water treatment equipment and appliances in public
10-59    or private water systems; or
10-60                (2)  analyzes water to determine how to treat influent
10-61    or effluent water, alter or purify water, or add or remove a
10-62    mineral, chemical, or bacterial content or substance as part of the
10-63    complete installation, exchange, connection, maintenance, or
10-64    service of potable water treatment equipment and appliances. [The
10-65    commission shall adopt rules establishing classes of certificates,
10-66    duration of certificates, and fees.]
10-67          [(b)  Before a certificate of competency is issued or renewed
10-68    under this subchapter, an applicant for or holder of a certificate
10-69    must pay an annual $10 fee.  On receipt of the required fee, the
 11-1    commission shall issue to a qualified person a certificate of
 11-2    competency.]
 11-3          [(c)  Fees collected by the commission under this section
 11-4    shall be deposited to the credit of the commission occupational
 11-5    licensing account.]
 11-6          SECTION 20. Section 361.027, Health and Safety Code, is
 11-7    amended to read as follows:
 11-8          Sec. 361.027.  LICENSURE [TRAINING] OF SOLID WASTE FACILITY
 11-9    SUPERVISORS [TECHNICIANS]. [(a)]  The commission may implement a
11-10    program under Chapter 37, Water Code, to license persons who
11-11    supervise the operation or maintenance of solid waste facilities[:]
11-12                [(1)  develop a program to train solid waste
11-13    technicians to improve the competency of those technicians; and]
11-14                [(2)  issue letters of competency].
11-15          [(b)  The owner or operator of a solid waste facility is
11-16    encouraged to employ as site manager a solid waste technician
11-17    holding a letter of competency from the appropriate agency.]
11-18          [(c)  The commission may:]
11-19                [(1)  prescribe standards of training required for the
11-20    program;]
11-21                [(2)  determine the duration of the letter of
11-22    competency;]
11-23                [(3)  award one or more categories of letters of
11-24    competency with each category reflecting a different degree of
11-25    training or skill;]
11-26                [(4)  require a reasonable, nonrefundable fee, in an
11-27    amount determined from time to time by the commission, to be paid
11-28    by participants, deposited to the credit of the commission
11-29    occupational licensing account, and used to administer the program;]
11-30                [(5)  extend or renew letters of competency issued by
11-31    the commission; and]
11-32                [(6)  withdraw a letter of competency for good cause,
11-33    which may include a violation of this chapter or a rule of the
11-34    commission concerning the technician's duties and
11-35    responsibilities.]
11-36          SECTION 21. Section 366.001, Health and Safety Code, is
11-37    amended to read as follows:
11-38          Sec. 366.001.  POLICY AND PURPOSE. It is the public policy of
11-39    this state and the purpose of this chapter to:
11-40                (1)  eliminate and prevent health hazards by regulating
11-41    and properly planning the location, design, construction,
11-42    installation, operation, and maintenance of on-site sewage disposal
11-43    systems;
11-44                (2)  authorize the commission or authorized agent to
11-45    impose and collect a permit fee for:
11-46                      (A)  construction, installation, alteration,
11-47    repair, or extension of on-site sewage disposal systems; and
11-48                      (B)  tests, designs, and inspections of those
11-49    systems;
11-50                (3)  authorize the commission or authorized agent to
11-51    impose a penalty for a violation of this chapter or a rule adopted
11-52    under this chapter;
11-53                (4)  authorize the commission to license or register
11-54    certain persons [require an on-site sewage disposal system
11-55    installer to register with the commission]; and
11-56                (5)  allow the individual owner of a disposal system to
11-57    install and repair the system in accordance with this chapter.
11-58          SECTION 22. Section 366.012(a), Health and Safety Code, is
11-59    amended to read as follows:
11-60          (a)  To assure the effective and efficient administration of
11-61    this chapter, the commission shall:
11-62                (1)  adopt rules governing the installation of on-site
11-63    sewage disposal systems, including rules concerning the:
11-64                      (A)  review and approval of on-site sewage
11-65    disposal systems; and
11-66                      (B)  [registration of installers; and]
11-67                      [(C)]  temporary waiver of a permit for an
11-68    emergency repair; and
11-69                (2)  adopt rules under this chapter that encourage the
 12-1    use of economically feasible alternative techniques and
 12-2    technologies for on-site sewage disposal systems that can be used
 12-3    in soils not suitable for conventional on-site sewage disposal.
 12-4          SECTION 23. Section 366.014, Health and Safety Code, is
 12-5    amended to read as follows:
 12-6          Sec. 366.014.  DESIGNATED PERSON [REPRESENTATIVE]. Subject to
 12-7    the requirements of Section 366.071(b), the [(a) The] commission or
 12-8    an authorized agent may designate a person to:
 12-9                (1)  review permit applications, site evaluations, or
12-10    planning materials; or
12-11                (2)  inspect on-site sewage disposal systems [make
12-12    percolation tests, systems designs, and inspections subject to the
12-13    approval of the commission].
12-14          [(b)  To qualify as a designated representative, a person
12-15    must:]
12-16                [(1)  demonstrate to the commission's satisfaction the
12-17    person's competency to make percolation tests, designs, and
12-18    inspections for on-site sewage disposal systems in accordance with
12-19    this chapter and rules adopted under this chapter;]
12-20                [(2)  successfully complete the training program
12-21    provided by the commission;]
12-22                [(3)  successfully pass an examination provided by the
12-23    commission;]
12-24                [(4)  receive written certification from the
12-25    commission; and]
12-26                [(5)  pay a reasonable fee to the commission for
12-27    administration of this training and certification.]
12-28          [(c)  Fees collected under this section shall be deposited to
12-29    the credit of the commission occupational licensing account.]
12-30          SECTION 24. Section 366.071, Health and Safety Code, is
12-31    amended to read as follows:
12-32          Sec. 366.071.  OCCUPATIONAL LICENSING AND REGISTRATION. (a)
12-33    A person who constructs, installs, alters, extends, or repairs an
12-34    on-site sewage disposal system or any part of an on-site sewage
12-35    disposal system for compensation must hold a license or
12-36    registration issued by the commission under Chapter 37, Water Code.
12-37          (b)  A person designated by an authorized agent under Section
12-38    366.014 must hold a license issued by the commission under Chapter
12-39    37, Water Code.
12-40          (c)  A person who conducts preconstruction site evaluations,
12-41    including visiting a site and performing a soil analysis, a site
12-42    survey, or other activities necessary to determine the suitability
12-43    of a site for an on-site sewage disposal system must hold a license
12-44    issued by the commission under Chapter 37, Water Code, unless the
12-45    person is licensed by the Texas Board of Professional Engineers as
12-46    an engineer.
12-47          (d)  The commission may implement a program under Chapter 37,
12-48    Water Code, to register persons who service or maintain on-site
12-49    sewage disposal systems for compensation.  [A person may not
12-50    operate as an installer in this state unless the person is
12-51    registered by the commission.]
12-52          SECTION 25. The following provisions are repealed:
12-53                (1)  Sections 26.3573(j), 26.451(1), (2), (5)-(10),
12-54    (13), and (14), 26.453, 26.454, 26.455, 26.457, 26.458, 26.459, and
12-55    34.001(6)-(9), 34.003(d)-(g) and (j), 34.004, 34.005,
12-56    34.006(c)-(j), 34.008, 34.009, and 34.015, Water Code;
12-57                (2)  Sections 366.002(3) and (4), 366.013, 366.072,
12-58    366.073, 366.074, 366.075, 366.076, and 366.078, Health and Safety
12-59    Code; and
12-60                (3)  Section 3A, The Plumbing License Law (Article
12-61    6243-101, Vernon's Texas Civil Statutes).
12-62          SECTION 26. (a)  Except as otherwise provided by this
12-63    section, this Act takes effect September 1, 2001.
12-64          (b)  Sections 26.365 and 26.367, Water Code, as added by this
12-65    Act, take effect only if the 77th Legislature, at its regular
12-66    session, enacts a bill providing for the licensing of professional
12-67    geoscientists and that bill becomes law.
12-68          (c)  Section 366.071(c), Water Code, as added by this Act,
12-69    takes effect September 1, 2002.
 13-1          (d)  The change in law made by this Act applies only to an
 13-2    application for the issuance or renewal of a license or
 13-3    registration that is made on or after January 1, 2002.  An
 13-4    application made before that date is governed by the law in effect
 13-5    immediately before the effective date of this Act, and the former
 13-6    law is continued in effect for that purpose.
 13-7          (e)  The Texas Natural Resource Conservation Commission shall
 13-8    adopt rules under Chapter 37, Water Code, as added by this Act, not
 13-9    later than December 1, 2001.
13-10                                 * * * * *