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 * * * * *