By: Bernsen S.B. No. 1718
2001S0752/1
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to occupational licenses and registrations issued by the
1-3 Texas Natural Resource Conservation Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle E, Title 2, Water Code, is amended by
1-6 adding Chapter 37 to read as follows:
1-7 CHAPTER 37. OCCUPATIONAL LICENSING AND REGISTRATION
1-8 Sec. 37.001. PURPOSE AND AUTHORITY. (a) The purpose of
1-9 this chapter is to establish a uniform process for administering
1-10 and enforcing occupational licenses and registrations under the
1-11 commission's jurisdiction.
1-12 (b) The commission shall adopt any rules necessary to:
1-13 (1) establish occupational licenses and registrations
1-14 prescribed by Sections 26.0301, 26.3573, 26.452, 26.453, and 34.002
1-15 of this code and Sections 341.033, 341.034, 361.027, and 366.071,
1-16 Health and Safety Code;
1-17 (2) establish classes and terms of occupational
1-18 licenses and registrations; and
1-19 (3) administer the provisions of this chapter and
1-20 other laws governing occupational licenses and registrations under
1-21 the commission's jurisdiction.
1-22 Sec. 37.002. DEFINITIONS. In this chapter:
1-23 (1) "Commission" means the Texas Natural Resource
1-24 Conservation Commission.
1-25 (2) "Individual" means a natural person.
2-1 (3) "License" means an occupational license or class
2-2 of license that is issued by the commission to an individual.
2-3 (4) "Person" means an individual, association,
2-4 partnership, corporation, municipality, state or federal agency, or
2-5 other legal entity or an agent or employee of the individual or
2-6 entity.
2-7 (5) "Registration" means an occupational registration
2-8 that is issued by the commission to a person.
2-9 Sec. 37.003. QUALIFICATIONS. The commission may establish
2-10 qualifications for each license and registration issued under this
2-11 chapter.
2-12 Sec. 37.004. APPLICATION AND PROCESSING APPLICATIONS;
2-13 ISSUING LICENSES AND REGISTRATIONS. (a) The commission shall
2-14 establish requirements and uniform procedures for issuing licenses
2-15 and registrations under this chapter.
2-16 (b) The commission may waive any prerequisite to obtaining a
2-17 license or registration for an applicant after reviewing the
2-18 applicant's credentials and determining that the applicant holds a
2-19 license or registration issued by another state that has
2-20 requirements substantially equivalent to those of this state.
2-21 (c) After notice and hearing, the commission may deny an
2-22 application for a license or registration on any of the following
2-23 grounds:
2-24 (1) having a record in the preceding five years of
2-25 continuing violations of statutes or rules adopted under the
2-26 statutes;
3-1 (2) committing fraud or deceit in obtaining or
3-2 applying for a license or registration;
3-3 (3) demonstrating gross negligence, incompetence, or
3-4 misconduct in the performance of activities authorized by a license
3-5 or registration;
3-6 (4) making an intentional misstatement or
3-7 misrepresentation of fact in information required to be maintained
3-8 or submitted to the commission by the holder of a license or
3-9 registration;
3-10 (5) failing to keep and transmit records as required
3-11 by a statute within the commission's jurisdiction or a rule adopted
3-12 under a statute; or
3-13 (6) at the time of the application, being indebted to
3-14 the state for the payment of a fee, a penalty, or a tax imposed by
3-15 a statute within the commission's jurisdiction or a rule adopted
3-16 under a statute.
3-17 Sec. 37.005. RENEWALS. (a) The commission shall establish
3-18 requirements and uniform procedures for renewing licenses and
3-19 registrations issued under this chapter.
3-20 (b) A person whose application to renew a license or
3-21 registration is timely and sufficient may renew an unexpired
3-22 license or registration by paying the required renewal fee to the
3-23 commission before the expiration date.
3-24 (c) A person whose license or registration has expired may
3-25 not engage in activities that require a license or registration
3-26 until the license or registration has been renewed.
4-1 (d) Not later than the 60th day before the date a person's
4-2 license or registration is scheduled to expire, the commission
4-3 shall send written notice of the impending expiration to the person
4-4 at the person's last known address according to records of the
4-5 commission.
4-6 (e) The commission by rule may adopt a system under which
4-7 licenses or registrations expire on various dates during the year.
4-8 For the year in which a license or registration expiration date is
4-9 changed, the commission shall prorate fees on a monthly basis so
4-10 that each license or registration holder pays only the portion of
4-11 the fee that is allocable to the number of months during which the
4-12 license or registration is valid. On renewal of the license or
4-13 registration on the new expiration date, the total renewal fee is
4-14 payable.
4-15 (f) A person whose license or registration has been expired
4-16 for 30 days or less may apply for renewal of the license or
4-17 registration by paying to the commission a renewal fee that is up
4-18 to 1-1/2 times the normally required renewal fee.
4-19 (g) A person whose license or registration has been expired
4-20 for more than 30 days may not renew the license or registration.
4-21 The person may obtain a new license or registration by complying
4-22 with the requirements and procedures, including the examination
4-23 requirements, for obtaining an original license or registration.
4-24 Sec. 37.006. LICENSING EXAMINATIONS. (a) The commission
4-25 shall prescribe the content of licensing examinations.
4-26 Examinations shall be based on laws, rules, job duties, and
5-1 standards relating to licenses and classes of licenses issued by
5-2 the commission.
5-3 (b) The commission shall determine the location and
5-4 frequency of examinations.
5-5 (c) Not later than the 45th day after the date a person
5-6 takes a licensing examination under this chapter, the commission
5-7 shall notify the person of the results of the examination.
5-8 (d) If requested in writing by a person who fails a
5-9 licensing examination administered under this chapter, the
5-10 commission shall within a reasonable time furnish the person with
5-11 an analysis of the person's performance on the examination. The
5-12 commission shall ensure that an examination analysis does not
5-13 compromise the fair and impartial administration of future
5-14 examinations.
5-15 (e) The commission shall ensure that an otherwise qualified
5-16 individual who has a physical, mental, or developmental disability
5-17 shall be provided with reasonable opportunity to take a licensing
5-18 examination.
5-19 Sec. 37.007. TRAINING. (a) Training programs necessary to
5-20 qualify for or renew a license shall be approved by the commission.
5-21 (b) The commission shall establish and make available to the
5-22 public uniform procedures for approving training to qualify for or
5-23 renew a license.
5-24 (c) The commission may recognize, prepare, or administer
5-25 continuing education programs for license holders.
5-26 Sec. 37.008. FEES. (a) The commission shall establish and
6-1 collect fees to cover the cost of administering and enforcing this
6-2 chapter.
6-3 (b) Fees paid to the commission under this chapter shall be
6-4 deposited to the credit of the occupational licensing account in
6-5 the general revenue fund.
6-6 Sec. 37.009. ADVERTISING. (a) The commission may not
6-7 adopt rules restricting advertising or competitive bidding by a
6-8 license or registration holder except to prohibit false,
6-9 misleading, or deceptive practices.
6-10 (b) In its rules to prohibit false, misleading, or deceptive
6-11 practices, the commission may not include a rule that:
6-12 (1) restricts the use of any medium for advertising;
6-13 (2) restricts the use of a license or registration
6-14 holder's personal appearance or voice in an advertisement;
6-15 (3) restricts the size or duration of an advertisement
6-16 by the license or registration holder; or
6-17 (4) restricts the license or registration holder's
6-18 advertisement under a trade name.
6-19 Sec. 37.010. COMPLAINTS. The commission shall prepare and
6-20 make available to the public information describing the procedures
6-21 by which a person may submit licensing and registration complaints
6-22 to the commission.
6-23 Sec. 37.011. COMPLIANCE INFORMATION. In administering this
6-24 chapter, the commission may require a person to provide information
6-25 about other occupational licenses and registrations held,
6-26 including:
7-1 (1) the state in which the license or registration was
7-2 issued;
7-3 (2) the current status of the license or registration;
7-4 and
7-5 (3) whether the license or registration was ever
7-6 denied, suspended, revoked, surrendered, or withdrawn.
7-7 Sec. 37.012. ENFORCEMENT. (a) A person may not engage in
7-8 the business, occupation, or profession for which a license or
7-9 registration is prescribed by Section 26.0301, 26.3573, 26.452,
7-10 26.456, or 34.002 of this code or Section 341.033, 341.034,
7-11 361.027, 366.014, or 366.071, Health and Safety Code, unless the
7-12 person holds the appropriate license or registration issued by the
7-13 commission.
7-14 (b) A license or registration holder shall perform the
7-15 business, occupation, or profession governed by a license or
7-16 registration according to applicable laws and rules and orders of
7-17 the commission.
7-18 (c) A person may not cause, suffer, allow, or permit the
7-19 performance of any activity in violation of this chapter or of any
7-20 commission rule or order.
7-21 (d) Except for a violation under Section 341.033 or 341.034,
7-22 Health and Safety Code, a violation of this chapter shall be
7-23 enforced under the provisions of Chapter 7. A violation of Section
7-24 341.033 or 341.034, Health and Safety Code, shall be enforced
7-25 according to Chapter 341, Health and Safety Code.
7-26 Sec. 37.013. ROSTER OF LICENSEES AND REGISTRANTS. The
8-1 commission shall maintain and make available to the public an
8-2 official roster of persons who hold licenses or registrations.
8-3 Sec. 37.014. POWER TO CONTRACT. The commission may
8-4 contract with persons to provide services required by this chapter.
8-5 The commission may authorize contractors to collect reasonable fees
8-6 for the services provided.
8-7 SECTION 2. Subsection (a), Section 7.052, Water Code, is
8-8 amended to read as follows:
8-9 (a) The amount of the penalty for a violation of Chapter 18,
8-10 [32, 33, or] 34, or 37 of this code or Chapter 366, 371, or 372,
8-11 Health and Safety Code, may not exceed $2,500 a day for each
8-12 violation.
8-13 SECTION 3. Section 7.102, Water Code, is amended to read as
8-14 follows:
8-15 Sec. 7.102. MAXIMUM PENALTY. A person who causes, suffers,
8-16 allows, or permits a violation of a statute, rule, order, or permit
8-17 relating to Chapter 18, [32, 33, or] 34, or 37 of this code, or
8-18 Chapter 366, 371, or 372, Health and Safety Code, shall be assessed
8-19 for each violation a civil penalty not less than $50 nor greater
8-20 than $5,000 for each day of each violation as the court or jury
8-21 considers proper. A person who causes, suffers, allows, or permits
8-22 a violation of a statute, rule, order, or permit relating to any
8-23 other matter within the commission's jurisdiction to enforce, other
8-24 than violations of Chapter 11, 12, 13, 16, or 36 of this code, or
8-25 Chapter 341, Health and Safety Code, shall be assessed for each
8-26 violation a civil penalty not less than $50 nor greater than
9-1 $25,000 for each day of each violation as the court or jury
9-2 considers proper. Each day of a continuing violation is a separate
9-3 violation.
9-4 SECTION 4. Subsections (a) and (b), Section 7.156, Water
9-5 Code, are amended to read as follows:
9-6 (a) A person or business entity commits an offense if:
9-7 (1) the person or business entity engages in the
9-8 installation, repair, or removal of an underground storage tank and
9-9 the person or business entity:
9-10 (A) does not hold a [certificate of]
9-11 registration [issued] under Section 26.452; and
9-12 (B) is not under the substantial control of a
9-13 person or business entity who holds a [certificate of] registration
9-14 [issued] under Section 26.452;
9-15 (2) the person or business entity:
9-16 (A) authorizes or allows the installation,
9-17 repair, or removal of an underground storage tank to be conducted
9-18 by a person or business entity who does not hold a [certificate of]
9-19 registration [issued] under Section 26.452; or
9-20 (B) authorizes or allows the installation,
9-21 repair, or removal of an underground storage tank to be performed
9-22 or supervised by a person or business entity who does not hold a
9-23 license issued under Section 26.453 [26.456]; or
9-24 (3) the conduct of the person or business entity makes
9-25 the person or business entity responsible for a violation of
9-26 Subchapter K, Chapter 26, or of a rule adopted or order issued
10-1 under that subchapter.
10-2 (b) A person commits an offense if the person performs or
10-3 supervises the installation, repair, or removal of an underground
10-4 storage tank unless:
10-5 (1) the person holds a license [issued] under Section
10-6 26.453 [26.456]; or
10-7 (2) another person who holds a license [issued] under
10-8 Section 26.453 [26.456] is substantially responsible for the
10-9 performance or supervision of the installation, repair, or removal.
10-10 SECTION 5. Section 7.303, Water Code, is amended to read as
10-11 follows:
10-12 Sec. 7.303. GROUNDS FOR REVOCATION OR SUSPENSION OF
10-13 LICENSE, CERTIFICATE, OR REGISTRATION. (a) This section applies
10-14 to a license, certificate, or registration issued:
10-15 (1) by the commission under:
10-16 (A) Section 26.0301 [or 26.459 of this code];
10-17 (B) Chapter 18, [32, 33, or] 34, or 37 [of this
10-18 code];
10-19 (C) Section 361.0861, 361.092, or 361.112,
10-20 Health and Safety Code; or
10-21 (D) Chapter 366, 371, or 401, Health and Safety
10-22 Code;
10-23 (2) by a county under Subchapter E, Chapter 361,
10-24 Health and Safety Code; or
10-25 (3) under a rule adopted under any of those
10-26 provisions.
11-1 (b) After notice and hearing, the commission may suspend or
11-2 revoke a license, certificate, or registration the commission or a
11-3 county has issued, place on probation a person whose license,
11-4 certificate, or registration has been suspended, reprimand the
11-5 holder of a license, certificate, or registration, or refuse to
11-6 renew or reissue a license, certificate, or registration on any of
11-7 the following grounds:
11-8 (1) having a record of environmental violations in the
11-9 preceding five years [at the licensed, certified, or registered
11-10 site][with respect to a license issued under Chapter
12-1 18,] failing to continue to possess qualifications necessary for
12-2 the issuance of an original license;
12-3 (8) with respect to a license or registration
12-4 [certificate of competency] issued under Section 26.0301 or Chapter
12-5 37, violating a discharge permit of a sewage treatment plant,
12-6 unless:
12-7 (A) the holder of the license or registration
12-8 [certificate] is unable to properly operate the sewage treatment or
12-9 collection facility due to the refusal of the permit holder to
12-10 authorize necessary expenditures to operate the sewage treatment or
12-11 collection facility properly; or
12-12 (B) failure of the sewage treatment or
12-13 collection facility to comply with its discharge permit results
12-14 from faulty design of the sewage treatment or collection facility;
12-15 (9) [with respect to a license issued under Chapter
12-16 32, failing to advise a person for whom a well is being drilled
12-17 that injurious water has been encountered, is a pollution hazard,
12-18 and must be immediately plugged in an acceptable manner;]
12-19 [(10)] with respect to a license or registration
12-20 issued under Chapter 37 or under Chapter 366, Health and Safety
12-21 Code, violating either [that] chapter or a rule adopted under
12-22 either [that] chapter; or
12-23 (10) [(11)] with respect to a license issued under
12-24 Subchapter E, Chapter 361, Health and Safety Code, violating that
12-25 chapter or another applicable law or a commission rule governing
12-26 the processing, storage, or disposal of solid waste.
13-1 SECTION 6. Section 26.0301, Water Code, is amended to read
13-2 as follows:
13-3 Sec. 26.0301. WASTEWATER OPERATIONS COMPANY REGISTRATION
13-4 AND OPERATOR LICENSING [CERTIFICATE OF COMPETENCY]. (a) The
13-5 holders of permits to discharge wastewater from a sewage treatment
13-6 facility shall employ a treatment plant operator holding a valid
13-7 license [certificate of competency] issued by [under the direction
13-8 of] the commission.
13-9 (b) Every person[, company, corporation, firm, or
13-10 partnership] that [employs sewage treatment plant operators and] is
13-11 in the business of providing [as a] sewage treatment or collection
13-12 facility services [operations] must hold a valid registration
13-13 [certificate of competency] issued by [under the direction of] the
13-14 commission under Chapter 37. [Any employee of a person, company,
13-15 corporation, firm, or partnership who will be operating a sewage
13-16 treatment facility must hold a valid certificate of competency
13-17 issued under the direction of the commission.]
13-18 (c) A person who performs process control activities at a
13-19 sewage treatment facility or supervises the maintenance of a sewage
13-20 collection system must hold a valid license issued by the
13-21 commission under Chapter 37 [The commission by rule shall set a fee
13-22 to be paid by each applicant or licensee on the issuance or renewal
13-23 of a certificate of competency under this section. The amount of
13-24 the fee is determined according to the costs of the commission in
13-25 administering this section, but may not exceed $25 annually for an
13-26 individual wastewater treatment plant operator and $500 annually
14-1 for a person, company, corporation, firm, or partnership that is in
14-2 the business as a wastewater treatment facility operations company.
14-3 The commission shall deposit any fees collected under this
14-4 subsection in the state treasury to the credit of the commission
14-5 occupational licensing account].
14-6 SECTION 7. Subsection (b), Section 26.0405, Water Code, is
14-7 amended to read as follows:
14-8 (b) A person who discharges under a permit issued under this
14-9 section is not required to hold a license or registration
14-10 [certificate of competency] issued under Section 26.0301.
14-11 SECTION 8. Subsections (j) through (q), Section 26.3573,
14-12 Water Code, are amended to read as follows:
14-13 (j)(1) The commission [by rule] may implement a
14-14 [registration] program under Chapter 37 to register [for] persons
14-15 who contract with an owner or operator of an underground storage
14-16 tank or an aboveground storage tank, or with any other person, to
14-17 perform corrective action under this subchapter.
14-18 (2) The commission, on the request of a professional
14-19 engineer [an appropriately] licensed or registered by the Texas
14-20 Board of Professional Engineers [professional engineer], shall
14-21 register the engineer in the program.
14-22 (3) An engineer registered in the program may contract
14-23 to perform corrective action under this subchapter unless the Texas
14-24 [State] Board of [Registration for] Professional Engineers
14-25 determines the engineer is not qualified to perform a corrective
14-26 action.
15-1 (4) An engineer registered under this section [in the
15-2 program] is subject only to the examination requirements,
15-3 continuing education requirements, fees, and disciplinary
15-4 procedures adopted by the Texas [State] Board of [Registration for]
15-5 Professional Engineers.
15-6 (5) The commission may not adopt minimum
15-7 qualifications for a professional engineer [person, other than an
15-8 appropriately] licensed or registered by the Texas Board of
15-9 Professional Engineers [professional engineer,] with whom an
15-10 eligible owner or operator may contract to participate in a
15-11 corrective action [and for a person, other than an appropriately
15-12 licensed] or [registered professional engineer,] who performs or
15-13 supervises the corrective action.
15-14 (6) Any qualified contractor registered under Chapter
15-15 37 may conduct the characterization, study, appraisal, or
15-16 investigation of a site.
15-17 (k)(1) The commission may implement a program under Chapter
15-18 37 of this code to license persons who supervise a corrective
15-19 action under this subchapter.
15-20 (2) The commission, on the request of a professional
15-21 engineer licensed or registered by the Texas Board of Professional
15-22 Engineers, shall license the engineer in the program.
15-23 (3) An engineer licensed in the program may supervise
15-24 a corrective action under this subchapter unless the Texas Board of
15-25 Professional Engineers determines the engineer is not qualified to
15-26 supervise a corrective action.
16-1 (4) An engineer licensed in the program is subject
16-2 only to the examination requirements, continuing education
16-3 requirements, fees, and disciplinary procedures adopted by the
16-4 Texas Board of Professional Engineers.
16-5 (5) The commission may not adopt minimum
16-6 qualifications for a professional engineer licensed or registered
16-7 by the Texas Board of Professional Engineers with whom an eligible
16-8 owner or operator may contract to participate in a corrective
16-9 action or who performs or supervises the corrective action.
16-10 (l) The commission may require the use of registered
16-11 contractors and licensed [registered corrective action] supervisors
16-12 by an eligible owner or operator as a prerequisite to the payment
16-13 of money from the petroleum storage tank remediation account for
16-14 corrective action under this subchapter. [Any qualified registered
16-15 contractor may conduct the characterization, study, appraisal, or
16-16 investigation of a site.]
16-17 (m) If a site remediation involves the installation or
16-18 construction of on-site equipment, structures, or systems used in
16-19 the extraction or management of wastes, except for soil excavation
16-20 and landfill disposal or well sampling and monitoring, the owner or
16-21 operator is not eligible for reimbursement from the petroleum
16-22 storage tank remediation account unless the plans and
16-23 specifications for the equipment, structures, or systems are sealed
16-24 by a professional engineer [an appropriately] licensed or
16-25 registered by the Texas Board of Professional Engineers
16-26 [professional engineer] and the equipment, structures, or systems
17-1 are constructed under the supervision of a professional engineer
17-2 [an appropriately] licensed or registered by the Texas Board of
17-3 Professional Engineers [professional engineer]. [The commission by
17-4 rule may establish a fee schedule and charge fees necessary to
17-5 defray the costs of administering the registration program,
17-6 including fees for processing applications, printing certificates,
17-7 conducting examinations, and similar activities. Fees collected
17-8 under this subsection shall be deposited in the state treasury to
17-9 the credit of the commission occupational licensing account. A
17-10 person who violates a rule or order adopted by the commission under
17-11 this subsection is subject to the appropriate sanctions and
17-12 penalties imposed under this chapter.]
17-13 (n) [(k)] The commission shall hear any complaint regarding
17-14 the payment of a claim from the petroleum storage tank remediation
17-15 account arising from a contract between a contractor and an
17-16 eligible owner or operator. A hearing held under this subsection
17-17 shall be conducted in accordance with the procedures for a
17-18 contested case under Chapter 2001, Government Code. An appeal of a
17-19 commission decision under this subsection shall be to the district
17-20 court of Travis County and the substantial evidence rule applies.
17-21 (o) [(l)] The commission shall satisfy a claim for payment
17-22 that is eligible to be paid under this subchapter and the rules
17-23 adopted under this subchapter made by a contractor, from the
17-24 petroleum storage tank remediation account as provided by this
17-25 section and rules adopted by the commission under this section,
17-26 regardless of whether the commission:
18-1 (1) contracts directly for the goods or services; or
18-2 (2) pays a claim under a contract executed by a
18-3 petroleum storage tank owner or operator.
18-4 (p) [(m)] The commission may use any amount up to $1 million
18-5 from the petroleum storage tank remediation account to pay expenses
18-6 associated with the corrective action for each occurrence taken in
18-7 response to a release from a petroleum storage tank.
18-8 (q) [(n)] The petroleum storage tank remediation account may
18-9 not be used for corrective action taken in response to a release
18-10 from an underground storage tank if the sole or principal substance
18-11 in the tank is a hazardous substance.
18-12 (r) [(o)] The petroleum storage tank remediation account may
18-13 be used to pay for corrective action in response to a release
18-14 whether the action is taken inside or outside of the boundaries of
18-15 the property on which the leaking petroleum storage tank is
18-16 located.
18-17 (s) [(p)] The petroleum storage tank remediation account may
18-18 not be used to compensate third parties for bodily injury or
18-19 property damage.
18-20 (t) [(q)] Notwithstanding any other law to the contrary, an
18-21 owner or operator, or an agent of an owner or operator, is not
18-22 entitled to and may not be paid interest on any claim for payment
18-23 from the petroleum storage tank remediation account.
18-24 SECTION 9. The heading of Subchapter K, Chapter 26, Water
18-25 Code, is amended to read as follows:
19-1 SUBCHAPTER K. OCCUPATIONAL LICENSING AND REGISTRATION
19-2 [UNDERGROUND STORAGE TANK INSTALLERS]
19-3 SECTION 10. Sections 26.451 through 26.456, Water Code, are
19-4 amended to read as follows:
19-5 Sec. 26.451. DEFINITIONS. In this subchapter:
19-6 (1) ["Certificate of registration" means the document
19-7 issued to an underground storage tank contractor authorizing that
19-8 contractor to engage in the underground storage tank business in
19-9 this state.]
19-10 [(2) "Committee" means the Petroleum Storage Tank
19-11 Advisory Committee.]
19-12 [(3)] "Critical junctures" means, in the case of an
19-13 installation, repair, or removal, all of the following steps:
19-14 (A) preparation of the tank bedding immediately
19-15 before receiving the tank;
19-16 (B) setting of the tank and the piping,
19-17 including placement of any anchoring devices, backfill to the level
19-18 of the tank, and strapping, if any;
19-19 (C) connection of piping systems to the tank;
19-20 (D) all pressure testing of the underground
19-21 storage tank, including associated piping, performed during the
19-22 installation;
19-23 (E) completion of backfill and filling of the
19-24 excavation;
19-25 (F) any time during the repair in which the
19-26 piping system is connected or reconnected to the tank;
20-1 (G) any time during the repair in which the tank
20-2 or its associated piping is tested; and
20-3 (H) any time during the removal of the tank.
20-4 (2) [(4)] "Installation" means the installation of
20-5 underground storage tanks and ancillary equipment.
20-6 (3) [(5) "Installer" means a person who participates
20-7 in or supervises the installation, repair, or removal of
20-8 underground storage tanks.]
20-9 [(6) "License" means the document issued to an
20-10 installer or on-site supervisor authorizing that person to engage
20-11 in the underground storage tank business in this state.]
20-12 [(7) "On-site supervisor" means:]
20-13 [(A) a professional engineer registered to
20-14 practice in this state who has met the licensing requirements under
20-15 Section 26.456; or]
20-16 [(B) a person who has at least two years of
20-17 active experience in the vocation of installation of underground
20-18 storage tanks, underground utilities, or other engineering
20-19 construction in this state and who meets the licensing requirements
20-20 under Section 26.456.]
20-21 [(8) "Operator" means any person in control of, or
20-22 having responsibility for, the daily operation of the underground
20-23 storage tank system.]
20-24 [(9) "Owner" means any person who owns an underground
20-25 storage tank system used for storage, use, or dispensing of
20-26 regulated substances.]
21-1 [(10) "Person" means a natural person, including an
21-2 owner, manager, officer, employee, or occupant.]
21-3 [(11)] "Removal" means the process of removing and
21-4 disposing of an underground storage tank that is no longer in
21-5 service, or the process of abandoning an underground storage tank
21-6 in place after purging the tank of vapors and filling the vessel of
21-7 the tank with an inert material.
21-8 (4) [(12)] "Repair" means the modification or
21-9 correction of an underground storage tank and ancillary equipment.
21-10 The term does not include:
21-11 (A) relining an underground storage tank through
21-12 the application of epoxy resins or similar materials;
21-13 (B) the performance of a tightness test to
21-14 ascertain the integrity of the tank;
21-15 (C) the maintenance and inspection of cathodic
21-16 protection devices by a corrosion expert or corrosion technician;
21-17 (D) emergency actions to halt or prevent leaks
21-18 or ruptures; or
21-19 (E) minor maintenance on ancillary aboveground
21-20 equipment.
21-21 [(13) "Underground storage tank" has the meaning
21-22 assigned by Section 26.342.]
21-23 [(14) "Underground storage tank contractor" means a
21-24 person or business entity who offers to undertake, represents
21-25 itself as being able to undertake, or does undertake to install,
21-26 repair, or remove underground storage tanks.]
22-1 Sec. 26.452. UNDERGROUND STORAGE TANK CONTRACTOR
22-2 [CERTIFICATE OF] REGISTRATION. (a) A person who offers to
22-3 undertake, represents itself as being able to undertake, or
22-4 undertakes to install, repair, or remove an underground storage
22-5 tank must hold a registration issued by the commission under
22-6 Chapter 37 [An underground storage tank contractor must apply to
22-7 the commission for a certificate of registration on a form
22-8 prescribed by the commission]. If the contractor is a partnership
22-9 or joint venture, it need not register in its own name if each
22-10 partner or joint venture is registered.
22-11 (b) An underground storage tank contractor must have an
22-12 on-site supervisor who is licensed by the commission under Chapter
22-13 37 at the site at all times during the critical junctures of the
22-14 installation, repair, or removal [A certificate of registration is
22-15 valid for one year from the date of issue and is renewable annually
22-16 on payment of the annual fee. An initial certification of
22-17 registration may be issued for a period of less than one year and
22-18 the annual fee shall be prorated proportionally].
22-19 (c) This subchapter does not apply to the installation of a
22-20 storage tank or other facility exempt from regulation under Section
22-21 26.344 [Each certificate of registration must be posted in a
22-22 conspicuous place in the contractor's place of business.]
22-23 [(d) All bids, proposals, offers, and installation drawings
22-24 must prominently display the contractor's certificate of
22-25 registration number.]
22-26 [(e) A certificate of registration issued under this
23-1 subchapter is not transferable].
23-2 [Sec. 26.453. LICENSE REQUIRED. (a) An underground storage
23-3 tank may not be installed, repaired, or removed except by an
23-4 underground storage tank contractor who has an installer or an
23-5 on-site supervisor who is licensed by the commission under Section
23-6 26.456 at the site at all times during the critical junctures of
23-7 the installation, repair, or removal.]
23-8 [(b) This subchapter does not apply to the installation of a
23-9 storage tank or other facility exempt from regulation under Section
23-10 26.344.]
23-11 [Sec. 26.454. POWERS AND DUTIES OF COMMISSION. (a) The
23-12 commission shall:]
23-13 [(1) prescribe application forms for original and
23-14 renewal licenses; and]
23-15 [(2) take other action necessary to enforce this
23-16 subchapter.]
23-17 [(b) With the advice of the committee, the commission shall
23-18 adopt rules for the licensing of installers and on-site
23-19 supervisors.]
23-20 [(c) The commission may adopt rules relating to continuing
23-21 education requirements for installers and on-site supervisors.]
23-22 [Sec 26.455. EXAMINATION. (a) At times and places
23-23 designated by the commission, the commission shall conduct an
23-24 examination of applicants for licensing as installers and on-site
23-25 supervisors.]
23-26 [(b) The commission shall prescribe the contents of the
24-1 examination. Questions used in the examination must be derived
24-2 from standards, instructions, and recommended practices published
24-3 by organizations with expertise in various aspects of installation,
24-4 removal, and repair of underground storage tanks, including the:]
24-5 [(1) Petroleum Equipment Institute;]
24-6 [(2) American Petroleum Institute;]
24-7 [(3) Steel Tank Institute;]
24-8 [(4) National Association of Corrosion Engineers;]
24-9 [(5) Fiberglass Petroleum Tank and Pipe Institute; and]
24-10 [(6) National Fire Protection Association.]
24-11 [(c) The commission shall determine standards for acceptable
24-12 performance on the examination.]
24-13 [(d) If requested by a license applicant who fails the
24-14 examination, the commission shall provide to the applicant an
24-15 analysis of the applicant's performance on the examination.]
24-16 Sec. 26.453 [26.456]. UNDERGROUND STORAGE TANK ON-SITE
24-17 SUPERVISOR LICENSING [LICENSE]. (a) A person supervising the
24-18 installation, repair, or removal of an underground storage tank
24-19 must hold a license issued by the commission under Chapter 37 [The
24-20 commission shall issue an installer or on-site supervisor license
24-21 to an applicant who:]
24-22 [(1) is at least 18 years of age;]
24-23 [(2) meets the application requirements prescribed by
24-24 commission rule, including experience in installation of
24-25 underground storage tanks, underground utilities, or other
24-26 engineering construction in this state, not to exceed two years of
25-1 active experience;]
25-2 [(3) passes the licensing examination;]
25-3 [(4) pays the application, examination, and licensing
25-4 fees; and]
25-5 [(5) meets reasonable training requirements as
25-6 determined by the commission].
25-7 (b) An on-site supervisor must be present at the site at all
25-8 times during the critical junctures of the installation, repair, or
25-9 removal [A license issued under this subchapter is valid throughout
25-10 this state but is not assignable or transferable].
25-11 SECTION 11. Sections 34.001, 34.002, and 34.003, Water Code,
25-12 are amended to read as follows:
25-13 Sec. 34.001. DEFINITIONS. In this chapter:
25-14 (1) "Person" means a natural person.
25-15 (2) "Commission" means the Texas Natural Resource
25-16 Conservation Commission.
25-17 (3) "Council" means the [Texas] irrigators advisory
25-18 council.
25-19 (4) "Executive director" means the executive director
25-20 of the Texas Natural Resource Conservation Commission or the
25-21 executive director's designee.
25-22 (5) "Irrigation system" means an assembly of component
25-23 parts permanently installed for the controlled distribution and
25-24 conservation of water for the purpose of irrigating any type of
25-25 landscape vegetation in any location or for the purpose of dust
25-26 reduction or erosion control. The term "irrigation system" does
26-1 not include a system used on or by an agricultural operation as
26-2 defined in Section 251.002, Agriculture Code.
26-3 [(6) "Irrigator" means a person who sells, designs,
26-4 consults, installs, maintains, alters, repairs, or services an
26-5 irrigation system including the connection of such system in and to
26-6 a private or public, raw or potable water supply system or any
26-7 water supply. The term does not include:]
26-8 [(A) a person who assists in the installation,
26-9 maintenance, alteration, repair, or service of an irrigation system
26-10 under the direct supervision of a licensed irrigator; or]
26-11 [(B) an owner of a business that regularly
26-12 employs a licensed irrigator who directly supervises the business's
26-13 sale, design, consultation, installation, maintenance, alteration,
26-14 repair, and service of irrigation systems.]
26-15 [(7) "Licensed irrigator" means an irrigator who has
26-16 prequalified and is licensed under this chapter.]
26-17 [(8) "Installer" means a person who actually connects
26-18 an irrigation system to a private or public, raw or potable water
26-19 supply system or any water supply.]
26-20 [(9) "Licensed installer" means an installer who has
26-21 prequalified and is licensed under this chapter.]
26-22 Sec. 34.002. LANDSCAPE IRRIGATOR AND INSTALLER LICENSING AND
26-23 EXEMPTIONS. (a) A person who sells, designs, installs, maintains,
26-24 alters, repairs, or services an irrigation system, provides
26-25 consulting services relating to an irrigation system, or connects
26-26 an irrigation system to a private or public raw or potable water
27-1 supply system or any water supply must hold a license issued by the
27-2 commission under Chapter 37. The commission may not require a
27-3 person who held a license as a landscape irrigator under Chapter
27-4 457, Acts of the 61st Legislature, Regular Session, 1969 (Article
27-5 249c, Vernon's Texas Civil Statutes), on August 27, 1979, to pass
27-6 an examination in order to be licensed.
27-7 (b) The licensure requirements of this chapter do not apply
27-8 to:
27-9 (1) any person licensed by the Texas State Board of
27-10 Plumbing Examiners;
27-11 (2) a registered professional engineer or architect or
27-12 landscape architect if his or her acts are incidental to the
27-13 pursuit of his or her profession;
27-14 (3) irrigation or yard sprinkler work done by a
27-15 property owner in a building or on premises owned or occupied by
27-16 him or her as his or her home;
27-17 (4) irrigation or yard sprinkler repair work, other
27-18 than extension of an existing irrigation or yard sprinkler system
27-19 or installation of a replacement system, done by a maintenance
27-20 person incidental to and on premises owned by the business in which
27-21 he or she is regularly employed or engaged and who does not engage
27-22 in the occupation of licensed irrigator or in yard sprinkler
27-23 construction or maintenance for the general public;
27-24 (5) irrigation or yard sprinkler work done on the
27-25 premises or equipment of a railroad by a regular employee of the
27-26 railroad who does not engage in the occupation of licensed
28-1 irrigator or in yard sprinkler construction or maintenance for the
28-2 general public;
28-3 (6) irrigation and yard sprinkler work done by a
28-4 person who is regularly employed by a county, city, town, special
28-5 district, or political subdivision of the state on public property;
28-6 (7) irrigation or yard sprinkler work done by a person
28-7 using a garden hose, hose sprinkler, hose-end product, [soaker
28-8 hose,] or agricultural irrigation system;
28-9 (8) activities involving a [portable or solid set or
28-10 other type of] commercial agricultural irrigation system;
28-11 (9) irrigation or yard sprinkler work done by an
28-12 agriculturist, agronomist, horticulturist, forester, gardener,
28-13 contract gardener, garden or lawn caretaker, nurseryman, or grader
28-14 or cultivator of land on land owned by himself or herself; [or]
28-15 (10) a person who assists in the installation,
28-16 maintenance, alteration, repair, or service of an irrigation system
28-17 under the direct supervision of an individual licensed under
28-18 Subsection (a);
28-19 (11) an owner of a business that employs an individual
28-20 licensed under Subsection (a) to supervise the business's sale,
28-21 design, consultation, installation, maintenance, alteration,
28-22 repair, and service of irrigation systems; or
28-23 (12) irrigation or yard sprinkler work done by a
28-24 member of a property owners' association as defined by Section
28-25 202.001, Property Code, on real property owned by the association
28-26 or in common by the members of the association if the irrigation or
29-1 yard sprinkler system waters real property that:
29-2 (A) is less than one-half acre in size; and
29-3 (B) is used for:
29-4 (i) aesthetic purposes; or
29-5 (ii) recreational purposes.
29-6 (c) [(b)] A person who is exempt from the licensure
29-7 requirements of this chapter shall comply with the standards
29-8 established by this chapter and the rules adopted under this
29-9 chapter. [Irrigation system does not include a system used on or
29-10 by an agricultural operation as defined in Section 251.002,
29-11 Agriculture Code.]
29-12 Sec. 34.003. IRRIGATOR [IRRIGATORS] ADVISORY COUNCIL.
29-13 (a) The commission shall appoint an advisory council for the
29-14 purpose of providing advice to the commission and staff concerning
29-15 matters relating to landscape irrigation. The irrigator [Texas
29-16 irrigators] advisory council is composed of nine members appointed
29-17 by the commission. Appointments to the council shall be made
29-18 without regard to the race, creed, sex, religion, or national
29-19 origin of the appointees.
29-20 (b) Six members of the council shall be licensed irrigators
29-21 who are residents of this state, experienced in the irrigation
29-22 business, and conversant in irrigation methods and techniques.
29-23 (c) [Three members must be representatives of the public. A
29-24 person is not eligible for appointment as a public member if the
29-25 person or the person's spouse:]
29-26 [(1) is licensed by an occupational regulatory agency
30-1 in the field of irrigation; or]
30-2 [(2) is employed by, participates in the management
30-3 of, or has, other than as a consumer, a financial interest in a
30-4 business entity or other organization related to the field of
30-5 irrigation.]
30-6 [(d) A council member or an employee of the commission
30-7 connected with the administration of this chapter may not be an
30-8 officer, employee, or paid consultant of a trade association in the
30-9 irrigation industry and may not be related within the second degree
30-10 by affinity or consanguinity to a person who is an officer,
30-11 employee, or paid consultant of a trade association in the
30-12 irrigation industry.]
30-13 [(e) A person who, because of the person's activities on
30-14 behalf of a trade or professional association in the irrigation
30-15 industry, is required to register as a lobbyist under Chapter 305,
30-16 Government Code, may not serve as a member of the council.]
30-17 [(f) It is a ground for removal from the council if a
30-18 member:]
30-19 [(1) does not have at the time of appointment the
30-20 qualifications required by Subsection (b) or (c) of this section
30-21 for appointment to the council;]
30-22 [(2) does not maintain during service on the council
30-23 the qualifications required by Subsection (b) or (c) of this
30-24 section for appointment to the council;]
30-25 [(3) violates a prohibition prescribed by Subsection
30-26 (d) or (e) of this section; or]
31-1 [(4) fails to attend at least one-half of the
31-2 regularly scheduled meetings held each year, excluding meetings
31-3 held when the person was not a council member.]
31-4 [(g) The members of the council serve six-year terms, with
31-5 the terms of two members expiring February 1 of each odd-numbered
31-6 year.]
31-7 [(h) A member of the council is entitled to a per diem as
31-8 set by legislative appropriation for each day that the member
31-9 engages in the business of the council. A member is entitled to
31-10 reimbursement for travel expenses, including expenses for meals and
31-11 lodging, as provided for in the General Appropriations Act.]
31-12 [(i)] The council shall hold meetings at the call of the
31-13 commission or the chairman. [Meetings shall be conducted in
31-14 compliance with Chapter 551, Government Code.]
31-15 [(j) A majority of the council constitutes a quorum for
31-16 conducting business.]
31-17 [(k) The council shall elect a chairman by a majority vote
31-18 at the first meeting each fiscal year.]
31-19 SECTION 12. Subsection (a), Section 34.006, Water Code, is
31-20 amended to read as follows:
31-21 (a) The commission shall adopt [only those rules consistent
31-22 with this chapter to govern the conduct of its business and
31-23 proceedings authorized under this chapter and shall adopt]
31-24 standards governing the connection of irrigation systems
31-25 [connections] to any water supply [public or private water supplies
31-26 by a licensed irrigator or a licensed installer]. The commission
32-1 may adopt standards for landscape irrigation that include water
32-2 conservation, irrigation system design and installation, and
32-3 conformance with municipal codes [by a licensed irrigator or a
32-4 licensed installer]. The commission may not adopt any standard or
32-5 rule that requires or prohibits the use of any irrigation system,
32-6 component part, or equipment of any particular brand or
32-7 manufacturer.
32-8 SECTION 13. Subsection (a), Section 341.033, Health and
32-9 Safety Code, is amended to read as follows:
32-10 (a) A person may not furnish drinking water to the public
32-11 for a charge unless the production, processing, treatment, and
32-12 distribution are at all times under the supervision of a water
32-13 supply system operator holding a license issued by the commission
32-14 under Chapter 37, Water Code [valid certificate of competency
32-15 issued under Section 341.034].
32-16 SECTION 14. Section 341.034, Health and Safety Code, is
32-17 amended to read as follows:
32-18 Sec. 341.034. PUBLIC WATER SUPPLY OPERATIONS COMPANY
32-19 REGISTRATION AND [SYSTEM] OPERATOR LICENSING[: CERTIFICATE OF
32-20 COMPETENCY]. (a) A person who operates a public water supply on a
32-21 contract basis must hold a registration issued by the commission
32-22 under Chapter 37, Water Code [The commission shall adopt rules
32-23 establishing classes of certificates, duration of certificates, and
32-24 fees].
32-25 (b) A person who performs process control duties in the
32-26 production or distribution of drinking water for a public water
33-1 system must hold a license issued by the commission under Chapter
33-2 37, Water Code, unless:
33-3 (1) the duties are provided to a transient,
33-4 noncommunity water system; and
33-5 (2) the water system uses groundwater that is not
33-6 under the influence of surface water [Before a certificate of
33-7 competency is issued or renewed under this subchapter, an applicant
33-8 for or holder of a certificate must pay an annual $10 fee. On
33-9 receipt of the required fee, the commission shall issue to a
33-10 qualified person a certificate of competency].
33-11 (c) A person who repairs or tests the installation or
33-12 operation of backflow prevention assemblies must hold a license
33-13 issued by the commission under Chapter 37, Water Code [Fees
33-14 collected by the commission under this section shall be deposited
33-15 to the credit of the commission occupational licensing account].
33-16 (d) A person who inspects homes and businesses to identify
33-17 potential or actual cross-connections or other contaminant hazards
33-18 in public water systems must hold a license issued by the
33-19 commission under Chapter 37, Water Code, unless the person is
33-20 licensed by the Texas State Board of Plumbing Examiners as a
33-21 plumbing inspector or water supply protection specialist.
33-22 (e) Unless the person is licensed by the Texas Board of
33-23 Plumbing Examiners, a person must hold a license issued by the
33-24 commission under Chapter 37, Water Code, if the person under
33-25 contract:
33-26 (1) installs, exchanges, connects, maintains, or
34-1 services potable water treatment equipment and appliances in public
34-2 or private water systems; or
34-3 (2) analyzes water to determine how to treat influent
34-4 or effluent water, alter or purify water, or add or remove a
34-5 mineral, chemical, or bacterial content or substance as part of the
34-6 complete installation, exchange, connection, maintenance, or
34-7 service of potable water treatment equipment and appliances.
34-8 SECTION 15. Section 361.027, Health and Safety Code, is
34-9 amended by amending the section heading and Subsection (a) to read
34-10 as follows:
34-11 Sec. 361.027. [TRAINING OF] SOLID WASTE SUPERVISOR LICENSING
34-12 [TECHNICIANS]. [(a)] The commission may implement a program under
34-13 Chapter 37, Water Code, to license persons who supervise the
34-14 operation or maintenance of solid waste facilities[:]
34-15 [(1) develop a program to train solid waste
34-16 technicians to improve the competency of those technicians; and]
34-17 [(2) issue letters of competency].
34-18 SECTION 16. Section 366.001, Health and Safety Code, is
34-19 amended to read as follows:
34-20 Sec. 366.001. POLICY AND PURPOSE. It is the public policy
34-21 of this state and the purpose of this chapter to:
34-22 (1) eliminate and prevent health hazards by regulating
34-23 and properly planning the location, design, construction,
34-24 installation, operation, and maintenance of on-site sewage disposal
34-25 systems;
34-26 (2) authorize the commission or authorized agent to
35-1 impose and collect a permit fee for:
35-2 (A) construction, installation, alteration,
35-3 repair, or extension of on-site sewage disposal systems; and
35-4 (B) tests, designs, and inspections of those
35-5 systems;
35-6 (3) authorize the commission or authorized agent to
35-7 impose a penalty for a violation of this chapter or a rule adopted
35-8 under this chapter;
35-9 (4) authorize the commission to license or register
35-10 certain persons [require an on-site sewage disposal system
35-11 installer to register with the commission]; and
35-12 (5) allow the individual owner of a disposal system to
35-13 install and repair the system in accordance with this chapter.
35-14 SECTION 17. Section 366.002, Health and Safety Code, is
35-15 amended to read as follows:
35-16 Sec. 366.002. DEFINITIONS. In this chapter:
35-17 (1) "Authorized agent" means a local governmental
35-18 entity authorized by the commission to implement and enforce rules
35-19 under this chapter.
35-20 (2) "Commission" means the Texas Natural Resource
35-21 Conservation Commission.
35-22 (3) ["Designated representative" means a person who is
35-23 designated by the commission or authorized agent to make
35-24 percolation tests, system designs, and inspections subject to the
35-25 commission's approval.]
35-26 [(4) "Installer" means a person who is compensated by
36-1 another to construct, install, alter, or repair an on-site sewage
36-2 disposal system.]
36-3 [(5)] "Local governmental entity" means a
36-4 municipality, county, river authority, or special district,
36-5 including an underground water district, soil and water
36-6 conservation district, or public health district.
36-7 (4) [(6)] "Nuisance" means:
36-8 (A) sewage, human excreta, or other organic
36-9 waste discharged or exposed in a manner that makes it a potential
36-10 instrument or medium in the transmission of disease to or between
36-11 persons; or
36-12 (B) an overflowing septic tank or similar
36-13 device, including surface discharge from or groundwater
36-14 contamination by a component of an on-site sewage disposal system,
36-15 or a blatant discharge from an on-site sewage disposal system.
36-16 (5) [(7)] "On-site sewage disposal system" means one
36-17 or more systems of treatment devices and disposal facilities that:
36-18 (A) produce not more than 5,000 gallons of waste
36-19 each day; and
36-20 (B) are used only for disposal of sewage
36-21 produced on a site on which any part of the system is located.
36-22 (6) [(8)] "Owner" means a person who owns a building
36-23 or other property served by an on-site sewage disposal system.
36-24 (7) [(9)] "Sewage" means waste that:
36-25 (A) is primarily organic and biodegradable or
36-26 decomposable; and
37-1 (B) generally originates as human, animal, or
37-2 plant waste from certain activities, including the use of toilet
37-3 facilities, washing, bathing, and preparing food.
37-4 SECTION 18. Subsection (a), Section 366.012, Health and
37-5 Safety Code, is amended to read as follows:
37-6 (a) To assure the effective and efficient administration of
37-7 this chapter, the commission shall:
37-8 (1) adopt rules governing the installation of on-site
37-9 sewage disposal systems, including rules concerning the:
37-10 (A) review and approval of on-site sewage
37-11 disposal systems; and
37-12 (B) [registration of installers; and]
37-13 [(C)] temporary waiver of a permit for an
37-14 emergency repair; and
37-15 (2) adopt rules under this chapter that encourage the
37-16 use of economically feasible alternative techniques and
37-17 technologies for on-site sewage disposal systems that can be used
37-18 in soils not suitable for conventional on-site sewage disposal.
37-19 SECTION 19. Section 366.014, Health and Safety Code, is
37-20 amended to read as follows:
37-21 Sec. 366.014. DESIGNATED PERSON [REPRESENTATIVE].
37-22 [(a)] Subject to the requirements of Section 366.071(b), the [The]
37-23 commission or an authorized agent may designate a person to:
37-24 (1) review permit applications, site evaluations, or
37-25 planning materials; or
37-26 (2) inspect on-site sewage disposal systems [make
38-1 percolation tests, systems designs, and inspections subject to the
38-2 approval of the commission].
38-3 [(b) To qualify as a designated representative, a person
38-4 must:]
38-5 [(1) demonstrate to the commission's satisfaction the
38-6 person's competency to make percolation tests, designs, and
38-7 inspections for on-site sewage disposal systems in accordance with
38-8 this chapter and rules adopted under this chapter;]
38-9 [(2) successfully complete the training program
38-10 provided by the commission;]
38-11 [(3) successfully pass an examination provided by the
38-12 commission;]
38-13 [(4) receive written certification from the
38-14 commission; and]
38-15 [(5) pay a reasonable fee to the commission for
38-16 administration of this training and certification.]
38-17 [(c) Fees collected under this section shall be deposited to
38-18 the credit of the commission occupational licensing account.]
38-19 SECTION 20. Section 366.071, Health and Safety Code, is
38-20 amended to read as follows:
38-21 Sec. 366.071. OCCUPATIONAL LICENSING AND REGISTRATION.
38-22 (a) A person who constructs, installs, alters, extends, or repairs
38-23 an on-site sewage disposal system or any part of an on-site sewage
38-24 disposal system for compensation by another must hold a license or
38-25 registration issued by the commission under Chapter 37, Water Code.
38-26 (b) A person designated by an authorized agent under Section
39-1 366.014 must hold a license issued by the commission under Chapter
39-2 37, Water Code.
39-3 (c) Effective September 1, 2002, a person who conducts
39-4 preconstruction site evaluations, including visiting a site,
39-5 performing a soil analysis, making a site survey, or other
39-6 activities necessary to determine the suitability of a site for an
39-7 on-site sewage disposal system, must hold a license issued by the
39-8 commission under Chapter 37, Water Code, unless the person is
39-9 licensed by the Texas Board of Professional Engineers as a
39-10 professional engineer.
39-11 (d) The commission may implement a program under Chapter 37,
39-12 Water Code, to register persons who service or maintain on-site
39-13 sewage disposal systems for compensation [A person may not operate
39-14 as an installer in this state unless the person is registered by
39-15 the commission].
39-16 SECTION 21. Section 3A, The Plumbing License Law (Article
39-17 6243-101, Vernon's Texas Civil Statutes), is repealed.
39-18 SECTION 22. The following provisions of the Water Code are
39-19 repealed:
39-20 (1) Sections 26.457, 26.458, and 26.459; and
39-21 (2) Sections 34.004 and 34.005, Subsections (c)
39-22 through (j), Section 34.006, and Sections 34.007, 34.008, 34.009,
39-23 and 34.015.
39-24 SECTION 23. The following provisions of the Health and
39-25 Safety Code are repealed:
39-26 (1) Subsections (b) and (c), Section 361.027; and
40-1 (2) Sections 366.013, 366.072, 366.073, 366.074,
40-2 366.075, 366.076, and 366.078.
40-3 SECTION 24. (a) This Act takes effect September 1, 2001,
40-4 and applies only to an application to obtain or renew a license or
40-5 registration that is made on or after January 1, 2002. An
40-6 application to obtain or renew a license or registration that is
40-7 made before January 1, 2002, is governed by the law as it existed
40-8 immediately before the effective date of this Act, and that law is
40-9 continued in effect for this purpose.
40-10 (b) The Texas Natural Resource Conservation Commission shall
40-11 adopt rules under Chapter 37, Water Code, as added by this Act, as
40-12 soon as practicable after the effective date of this Act.