1-1 By: Bernsen S.B. No. 1718
1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 23, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 23, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1718 By: Bernsen
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to occupational licenses and registrations issued by the
1-11 Texas Natural Resource Conservation Commission.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subtitle E, Title 2, Water Code, is amended by
1-14 adding Chapter 37 to read as follows:
1-15 CHAPTER 37. OCCUPATIONAL LICENSING AND REGISTRATION
1-16 Sec. 37.001. PURPOSE AND AUTHORITY. (a) The purpose of
1-17 this chapter is to establish a uniform process for administering
1-18 and enforcing occupational licenses and registrations under the
1-19 commission's jurisdiction.
1-20 (b) The commission shall adopt any rules necessary to:
1-21 (1) establish occupational licenses and registrations
1-22 prescribed by Sections 26.0301, 26.3573, 26.452, 26.453, and 34.002
1-23 of this code and Sections 341.033, 341.034, 361.027, and 366.071,
1-24 Health and Safety Code;
1-25 (2) establish classes and terms of occupational
1-26 licenses and registrations; and
1-27 (3) administer the provisions of this chapter and
1-28 other laws governing occupational licenses and registrations under
1-29 the commission's jurisdiction.
1-30 Sec. 37.002. DEFINITIONS. In this chapter:
1-31 (1) "Commission" means the Texas Natural Resource
1-32 Conservation Commission.
1-33 (2) "Individual" means a natural person.
1-34 (3) "License" means an occupational license or class
1-35 of license that is issued by the commission to an individual.
1-36 (4) "Person" means an individual, association,
1-37 partnership, corporation, municipality, state or federal agency,
1-38 other legal entity, or an agent or employee of the individual or
1-39 entity.
1-40 (5) "Registration" means an occupational registration
1-41 that is issued by the commission to a person.
1-42 Sec. 37.003. QUALIFICATIONS. The commission may establish
1-43 qualifications for each license and registration issued under this
1-44 chapter.
1-45 Sec. 37.004. APPLICATION AND PROCESSING APPLICATIONS;
1-46 ISSUING LICENSES AND REGISTRATIONS. (a) The commission shall
1-47 establish requirements and uniform procedures for issuing licenses
1-48 and registrations under this chapter.
1-49 (b) The commission may waive any prerequisite to obtaining a
1-50 license or registration for an applicant after reviewing the
1-51 applicant's credentials and determining that the applicant holds a
1-52 license or registration issued by another state that has
1-53 requirements substantially equivalent to those of this state.
1-54 (c) After notice and hearing, the commission may deny an
1-55 application for a license or registration on any of the following
1-56 grounds:
1-57 (1) a record in the preceding five years of continuing
1-58 violations of statutes or rules adopted under the statutes;
1-59 (2) committing fraud or deceit in obtaining or
1-60 applying for a license or registration;
1-61 (3) demonstrating gross negligence, incompetence, or
1-62 misconduct in the performance of activities authorized by a license
1-63 or registration;
1-64 (4) making an intentional misstatement or
2-1 misrepresentation of fact in information required to be maintained
2-2 or submitted to the commission by the holder of a license or
2-3 registration;
2-4 (5) failing to keep and transmit records as required
2-5 by a statute within the commission's jurisdiction or a rule adopted
2-6 under a statute; or
2-7 (6) at the time of the application, being indebted to
2-8 the state for the payment of a fee, a penalty, or a tax imposed by
2-9 a statute within the commission's jurisdiction or a rule adopted
2-10 under such a statute.
2-11 Sec. 37.005. RENEWALS. (a) The commission shall establish
2-12 requirements and uniform procedures for renewing licenses and
2-13 registrations issued under this chapter.
2-14 (b) A person whose application to renew a license or
2-15 registration is timely and sufficient may renew an unexpired
2-16 license or registration by paying the required renewal fee to the
2-17 commission before the expiration date.
2-18 (c) A person whose license or registration has expired may
2-19 not engage in activities that require a license or registration
2-20 until the license or registration has been renewed.
2-21 (d) Not later than the 60th day before the date a person's
2-22 license or registration is scheduled to expire, the commission
2-23 shall send written notice of the impending expiration to the person
2-24 at the person's last known address according to records of the
2-25 commission.
2-26 (e) The commission by rule may adopt a system under which
2-27 licenses or registrations expire on various dates during the year.
2-28 For the year in which a license or registration expiration date is
2-29 changed, the commission shall prorate fees on a monthly basis so
2-30 that each license or registration holder pays only that portion of
2-31 the fee that is allocable to the number of months during which the
2-32 license or registration is valid. On renewal of the license or
2-33 registration on the new expiration date, the total renewal fee is
2-34 payable.
2-35 (f) A person whose license or registration has been expired
2-36 for 30 days or less may apply for renewal of the license or
2-37 registration by paying to the commission a renewal fee that is up
2-38 to 1-1/2 times the normally required renewal fee.
2-39 (g) A person whose license or registration has been expired
2-40 for more than 30 days may not renew the license or registration.
2-41 The person may obtain a new license or registration by complying
2-42 with the requirements and procedures, including the examination
2-43 requirements, for obtaining an original license or registration.
2-44 Sec. 37.006. LICENSING EXAMINATIONS. (a) The commission
2-45 shall prescribe the content of licensing examinations.
2-46 Examinations shall be based on laws, rules, job duties, and
2-47 standards relating to licenses and classes of licenses issued by
2-48 the commission.
2-49 (b) The commission shall determine the location and
2-50 frequency of examinations.
2-51 (c) Not later than the 45th day after the date a person
2-52 takes a licensing examination under this chapter, the commission
2-53 shall notify the person of the results of the examination.
2-54 (d) If requested in writing by a person who fails a
2-55 licensing examination administered under this chapter, the
2-56 commission shall within a reasonable time period furnish the person
2-57 with an analysis of the person's performance on the examination.
2-58 The commission shall ensure an examination analysis does not
2-59 compromise the fair and impartial administration of future
2-60 examinations.
2-61 (e) The commission shall ensure an otherwise qualified
2-62 individual that has a physical, mental, or developmental disability
2-63 shall be provided with reasonable opportunity to take a licensing
2-64 examination.
2-65 Sec. 37.007. TRAINING. (a) Training programs necessary to
2-66 qualify for or renew a license shall be approved by the commission.
2-67 (b) The commission shall establish and make available to the
2-68 public uniform procedures for approving training to qualify for or
2-69 renew a license.
3-1 (c) the commission may recognize, prepare, or administer
3-2 continuing education programs for license holders.
3-3 Sec. 37.008. FEES. (a) The commission shall establish and
3-4 collect fees to cover the cost of administering and enforcing this
3-5 chapter.
3-6 (b) Fees paid to the commission under this chapter shall be
3-7 deposited to the credit of the occupational licensing account in
3-8 the general revenue fund.
3-9 Sec. 37.009. ADVERTISING. (a) The commission may not adopt
3-10 rules restricting advertising or competitive bidding by a license
3-11 or registration holder except to prohibit false, misleading, or
3-12 deceptive practices.
3-13 (b) In its rules to prohibit false, misleading, or deceptive
3-14 practices, the commission may not include a rule that:
3-15 (1) restricts the use of any medium for advertising;
3-16 (2) restricts the use of a license or registration
3-17 holder's personal appearance or voice in an advertisement;
3-18 (3) restricts the size or duration of an advertisement
3-19 by the license or registration holder; or
3-20 (4) restricts the license or registration holder's
3-21 advertisement under a trade name.
3-22 Sec. 37.010. COMPLAINTS. The commission shall prepare and
3-23 make available to the public information describing the procedures
3-24 by which a person may submit licensing and registration complaints
3-25 to the commission.
3-26 Sec. 37.011. COMPLIANCE INFORMATION. In administering this
3-27 chapter, the commission may require a person to provide information
3-28 about other occupational licenses and registrations held,
3-29 including:
3-30 (1) the state in which the license or registration was
3-31 issued;
3-32 (2) the current status of the license or registration;
3-33 and
3-34 (3) whether the license or registration was ever
3-35 denied, suspended, revoked, surrendered, or withdrawn.
3-36 Sec. 37.012. ENFORCEMENT. (a) A person may not engage in
3-37 the business, occupation, or profession for which a license or
3-38 registration is prescribed by Section 26.0301, 26.3573, 26.452,
3-39 26.453, or 34.002 of this code or Section 341.033, 341.034,
3-40 361.027, 366.014, or 366.071, Health and Safety Code, unless the
3-41 person holds the appropriate license or registration issued by the
3-42 commission.
3-43 (b) A license or registration holder shall perform the
3-44 business, occupation, or profession governed by a license or
3-45 registration according to applicable laws and rules and orders of
3-46 the commission.
3-47 (c) A person may not cause, suffer, allow, or permit the
3-48 performance of any activity in violation of this chapter or of any
3-49 commission rule or order.
3-50 (d) Except for a violation under Section 341.033 or 341.034,
3-51 Health and Safety Code, a violation of this chapter shall be
3-52 enforced under the provisions of Chapter 7. A violation of Section
3-53 341.033 or 341.034, Health and Safety Code, shall be enforced
3-54 according to Chapter 341, Health and Safety Code.
3-55 Sec. 37.013. ROSTER OF LICENSEES AND REGISTRANTS. The
3-56 commission shall maintain and make available to the public an
3-57 official roster of persons who hold licenses and registrations.
3-58 Sec. 37.014. POWER TO CONTRACT. The commission may contract
3-59 with persons to provide services required by this chapter. The
3-60 commission may authorize contractors to collect reasonable fees for
3-61 the services provided.
3-62 SECTION 2. Subsection (a), Section 7.052, Water Code, is
3-63 amended to read as follows:
3-64 (a) The amount of the penalty for a violation of Chapter 18,
3-65 [32, 33, or] 34, or 37 of this code or Chapter 366, 371, or 372,
3-66 Health and Safety Code, may not exceed $2,500 a day for each
3-67 violation.
3-68 SECTION 3. Section 7.102, Water Code, is amended to read as
3-69 follows:
4-1 Sec. 7.102. MAXIMUM PENALTY. A person who causes, suffers,
4-2 allows, or permits a violation of a statute, rule, order, or permit
4-3 relating to Chapter 18, [32, 33, or] 34, OR 37 of this code or
4-4 Chapter 366, 371, or 372, Health and Safety Code, shall be assessed
4-5 for each violation a civil penalty not less than $50 nor greater
4-6 than $5,000 for each day of each violation as the court or jury
4-7 considers proper. A person who causes, suffers, allows, or permits
4-8 a violation of a statute, rule, order, or permit relating to any
4-9 other matter within the commission's jurisdiction to enforce, other
4-10 than violations of Chapter 11, 12, 13, 16, or 36 of this code, or
4-11 Chapter 341, Health and Safety Code, shall be assessed for each
4-12 violation a civil penalty not less than $50 nor greater than
4-13 $25,000 for each day of each violation as the court or jury
4-14 considers proper. Each day of a continuing violation is a separate
4-15 violation.
4-16 SECTION 4. Subsections (a) and (b), Section 7.156, Water
4-17 Code, are amended to read as follows:
4-18 (a) A person or business entity commits an offense if:
4-19 (1) the person or business entity engages in the
4-20 installation, repair, or removal of an underground storage tank and
4-21 the person or business entity:
4-22 (A) does not hold a [certificate of]
4-23 registration [issued] under Section 26.452; and
4-24 (B) is not under the substantial control of a
4-25 person or business entity who holds a [certificate of] registration
4-26 [issued] under Section 26.452;
4-27 (2) the person or business entity:
4-28 (A) authorizes or allows the installation,
4-29 repair, or removal of an underground storage tank to be conducted
4-30 by a person or business entity who does not hold a [certificate of]
4-31 registration [issued] under Section 26.452; or
4-32 (B) authorizes or allows the installation,
4-33 repair, or removal of an underground storage tank to be performed
4-34 or supervised by a person or business entity who does not hold a
4-35 license [issued] under Section 26.453 [26.456]; or
4-36 (3) the conduct of the person or business entity makes
4-37 the person or business entity responsible for a violation of
4-38 Subchapter K, Chapter 26, or of a rule adopted or order issued
4-39 under that subchapter.
4-40 (b) A person commits an offense if the person performs or
4-41 supervises the installation, repair, or removal of an underground
4-42 storage tank unless:
4-43 (1) the person holds a license [issued] under Section
4-44 26.453 [26.456]; or
4-45 (2) another person who holds a license [issued] under
4-46 Section 26.453 [26.456] is substantially responsible for the
4-47 performance or supervision of the installation, repair, or removal.
4-48 SECTION 5. Section 7.303, Water Code, is amended to read as
4-49 follows:
4-50 Sec. 7.303. Grounds for Revocation or Suspension of License,
4-51 Certificate, or Registration. (a) This section applies to a
4-52 license, certificate, or registration issued:
4-53 (1) by the commission under:
4-54 (A) Section 26.0301 [or 26.459 of this code];
4-55 (B) Chapter 18, [32, 33, or] 34, or 37 [of this
4-56 code];
4-57 (C) Section 361.0861, 361.092, or 361.112,
4-58 Health and Safety Code; or
4-59 (D) Chapter 366, 371, or 401, Health and Safety
4-60 Code;
4-61 (2) by a county under Subchapter E, Chapter 361,
4-62 Health and Safety Code; or
4-63 (3) under a rule adopted under any of those
4-64 provisions.
4-65 (b) After notice and hearing, the commission may suspend or
4-66 revoke a license, certificate, or registration the commission or a
4-67 county has issued, place on probation a person whose license,
4-68 certificate, or registration has been suspended, reprimand the
4-69 holder of a license, certificate, or registration, or refuse to
5-1 renew or reissue a license, certificate, or registration on any of
5-2 the following grounds:
5-3 (1) having a record of environmental violations in the
5-4 preceding five years [at the licensed, certified, or registered
5-5 site];
5-6 (2) committing fraud or deceit in obtaining the
5-7 license, certificate, or registration;
5-8 (3) demonstrating gross negligence, incompetency, or
5-9 misconduct while acting as holder of a license, certificate, or
5-10 registration;
5-11 (4) making an intentional misstatement or
5-12 misrepresentation of fact in information required to be maintained
5-13 or submitted to the commission by the holder of the license,
5-14 certificate, or registration;
5-15 (5) failing to keep and transmit records as required
5-16 by a statute within the commission's jurisdiction or a rule adopted
5-17 under such a statute;
5-18 (6) being indebted to the state for a fee, payment of
5-19 a penalty, or a tax imposed by a statute within the commission's
5-20 jurisdiction or a rule adopted under such a statute;
5-21 (7) [with respect to a license issued under Chapter
5-22 18,] failing to continue to possess qualifications necessary for
5-23 the issuance of an original license;
5-24 (8) with respect to a license or registration [certificate
5-25 of competency] issued under Section 26.0301 or Chapter 37,
5-26 violating a discharge permit of a sewage treatment plant, unless:
5-27 (A) the holder of the license or registration
5-28 [certificate] is unable to properly operate the sewage treatment or
5-29 collection facility due to the refusal of the permit holder to
5-30 authorize necessary expenditures to operate the sewage treatment or
5-31 collection facility properly; or
5-32 (B) failure of the sewage treatment or
5-33 collection facility to comply with its discharge permit results
5-34 from faulty design of the sewage treatment or collection facility;
5-35 (9) [with respect to a license issued under Chapter
5-36 32, failing to advise a person for whom a well is being drilled
5-37 that injurious water has been encountered, is a pollution hazard,
5-38 and must be immediately plugged in an acceptable manner;]
5-39 [(10)] with respect to a license or registration
5-40 issued under Chapter 37 or under Chapter 366, Health and Safety
5-41 Code, violating either [that] chapter or a rule adopted under
5-42 either [that] chapter; or
5-43 (10) [(11)] with respect to a license issued under
5-44 Subchapter E, Chapter 361, Health and Safety Code, violating that
5-45 chapter or another applicable law or a commission rule governing
5-46 the processing, storage, or disposal of solid waste.
5-47 SECTION 6. Section 26.0301, Water Code, is amended to read
5-48 as follows:
5-49 Sec. 26.0301. WASTEWATER OPERATIONS COMPANY REGISTRATION AND
5-50 OPERATOR LICENSING [CERTIFICATE OF COMPETENCY]. (a) The holders
5-51 of permits to discharge wastewater from a sewage treatment facility
5-52 shall employ a treatment plant operator holding a valid license
5-53 [certificate of competency] issued by [under the direction of] the
5-54 commission for the type of facility being operated.
5-55 (b) Every person[, company, corporation, firm, or
5-56 partnership] that [employs sewage treatment plant operators and] is
5-57 in the business of providing [as a] sewage treatment or collection
5-58 facility services under contract [operations] must hold a valid
5-59 registration [certificate of competency] issued by [under the
5-60 direction of] the commission under Chapter 37. [Any employee of a
5-61 person, company, corporation, firm, or partnership who will be
5-62 operating a sewage treatment facility must hold a valid certificate
5-63 of competency issued under the direction of the commission.]
5-64 (c) A person who performs process control activities at a
5-65 sewage treatment facility or supervises the maintenance of a sewage
5-66 collection system must hold a valid license issued under the
5-67 direction of the commission under Chapter 37 [The commission by
5-68 rule shall set a fee to be paid by each applicant or licensee on
5-69 the issuance or renewal of a certificate of competency under this
6-1 section. The amount of the fee is determined according to the
6-2 costs of the commission in administering this section, but may not
6-3 exceed $25 annually for an individual wastewater treatment plant
6-4 operator and $500 annually for a person, company, corporation,
6-5 firm, or partnership that is in the business as a wastewater
6-6 treatment facility operations company. The commission shall
6-7 deposit any fees collected under this subsection in the state
6-8 treasury to the credit of the commission occupational licensing
6-9 account].
6-10 SECTION 7. Subsection (b), Section 26.0405, Water Code, is
6-11 amended to read as follows:
6-12 (b) A person who discharges under a permit issued under this
6-13 section is not required to hold a license or registration
6-14 [certificate of competency] issued under Section 26.0301.
6-15 SECTION 8. Subsections (j) through (q), Section 26.3573,
6-16 Water Code, are amended to read as follows:
6-17 (j)(1) The commission [by rule] may implement a
6-18 [registration] program under Chapter 37 to register [for] persons
6-19 who contract with an owner or operator of an underground storage
6-20 tank or an aboveground storage tank, or with any other person, to
6-21 perform corrective action under this subchapter.
6-22 (2) The commission, on the request of a professional
6-23 engineer [an appropriately] licensed or registered by the Texas
6-24 Board of Professional Engineers [professional engineer], shall
6-25 register the engineer in the program.
6-26 (3) An engineer registered in the program may contract
6-27 to perform corrective action under this subchapter unless the Texas
6-28 [State] Board of [Registration for] Professional Engineers
6-29 determines the engineer is not qualified to perform a corrective
6-30 action.
6-31 (4) An engineer registered in the program is subject
6-32 only to the examination requirements, continuing education
6-33 requirements, fees, and disciplinary procedures adopted by the
6-34 Texas [State] Board of [Registration for] Professional Engineers.
6-35 (5) The commission may not adopt minimum
6-36 qualifications for a professional engineer [person, other than an
6-37 appropriately] licensed or registered by the Texas board of
6-38 Professional Engineers [professional engineer,] with whom an
6-39 eligible owner or operator may contract to participate in a
6-40 corrective action [and for a person, other than an appropriately
6-41 licensed] or [registered professional engineer,] who performs or
6-42 supervises the corrective action.
6-43 (6) Any qualified contractor registered under Chapter
6-44 37 may conduct the characterization, study, appraisal, or
6-45 investigation of a site.
6-46 (k)(1) The commission may implement a program under Chapter
6-47 37 to license persons who supervise a corrective action under this
6-48 subchapter.
6-49 (2) The commission, on the request of a professional
6-50 engineer licensed or registered by the Texas Board of Professional
6-51 Engineers, shall license the engineer in the program.
6-52 (3) An engineer licensed in the program may supervise
6-53 a corrective action under this subchapter unless the Texas Board of
6-54 Professional Engineers determines the engineer is not qualified to
6-55 supervise a corrective action.
6-56 (4) An engineer licensed in the program is subject
6-57 only to the examination requirements, continuing education
6-58 requirements, fees, and disciplinary procedures adopted by the
6-59 Texas Board of Professional Engineers.
6-60 (5) The commission may not adopt minimum
6-61 qualifications for a professional engineer licensed or registered
6-62 by the Texas Board of Professional Engineers with whom an eligible
6-63 owner or operator may contract to participate in a corrective
6-64 action or who performs or supervises the corrective action.
6-65 (l) The commission may require the use of registered
6-66 contractors and licensed [registered corrective action] supervisors
6-67 by an eligible owner or operator as a prerequisite to the payment
6-68 of money from the petroleum storage tank remediation account for
6-69 corrective action under this subchapter. [Any qualified registered
7-1 contractor may conduct the characterization, study, appraisal, or
7-2 investigation of a site.]
7-3 (m) If a site remediation involves the installation or
7-4 construction of on-site equipment, structures, or systems used in
7-5 the extraction or management of wastes, except for soil excavation
7-6 and landfill disposal or well sampling and monitoring, the owner or
7-7 operator is not eligible for reimbursement from the petroleum
7-8 storage tank remediation account unless the plans and
7-9 specifications for the equipment, structures, or systems are sealed
7-10 by a professional engineer [an appropriately] licensed or
7-11 registered by the Texas Board of Professional Engineers
7-12 [professional engineer] and the equipment, structures, or systems
7-13 are constructed under the supervision of a professional engineer
7-14 [an appropriately] licensed or registered by the Texas Board of
7-15 Professional Engineers [professional engineer. The commission by
7-16 rule may establish a fee schedule and charge fees necessary to
7-17 defray the costs of administering the registration program,
7-18 including fees for processing applications, printing certificates,
7-19 conducting examinations, and similar activities. Fees collected
7-20 under this subsection shall be deposited in the state treasury to
7-21 the credit of the commission occupational licensing account. A
7-22 person who violates a rule or order adopted by the commission under
7-23 this subsection is subject to the appropriate sanctions and
7-24 penalties imposed under this chapter].
7-25 (n) [(k)] The commission shall hear any complaint regarding
7-26 the payment of a claim from the petroleum storage tank remediation
7-27 account arising from a contract between a contractor and an
7-28 eligible owner or operator. A hearing held under this subsection
7-29 shall be conducted in accordance with the procedures for a
7-30 contested case under Chapter 2001, Government Code. An appeal of a
7-31 commission decision under this subsection shall be to the district
7-32 court of Travis County and the substantial evidence rule applies.
7-33 (o) [(l)] The commission shall satisfy a claim for payment
7-34 that is eligible to be paid under this subchapter and the rules
7-35 adopted under this subchapter made by a contractor, from the
7-36 petroleum storage tank remediation account as provided by this
7-37 section and rules adopted by the commission under this section,
7-38 regardless of whether the commission:
7-39 (1) contracts directly for the goods or services; or
7-40 (2) pays a claim under a contract executed by a
7-41 petroleum storage tank owner or operator.
7-42 (p) [(m)] The commission may use any amount up to $1 million
7-43 from the petroleum storage tank remediation account to pay expenses
7-44 associated with the corrective action for each occurrence taken in
7-45 response to a release from a petroleum storage tank.
7-46 (q) [(n)] The petroleum storage tank remediation account may
7-47 not be used for corrective action taken in response to a release
7-48 from an underground storage tank if the sole or principal substance
7-49 in the tank is a hazardous substance.
7-50 (r) [(o)] The petroleum storage tank remediation account may
7-51 be used to pay for corrective action in response to a release
7-52 whether the action is taken inside or outside of the boundaries of
7-53 the property on which the leaking petroleum storage tank is
7-54 located.
7-55 (s) [(p)] The petroleum storage tank remediation account may
7-56 not be used to compensate third parties for bodily injury or
7-57 property damage.
7-58 (t) [(q)] Notwithstanding any other law to the contrary, an
7-59 owner or operator, or an agent of an owner or operator, is not
7-60 entitled to and may not be paid interest on any claim for payment
7-61 from the petroleum storage tank remediation account.
7-62 SECTION 9. The heading of Subchapter K, Chapter 26, Water
7-63 Code, is amended to read as follows:
7-64 SUBCHAPTER K. OCCUPATIONAL LICENSING AND REGISTRATION
7-65 [UNDERGROUND STORAGE TANK INSTALLERS]
7-66 SECTION 10. Sections 26.451 through 26.456, Water Code, are
7-67 amended to read as follows:
7-68 Sec. 26.451. Definitions. In this subchapter:
7-69 (1) ["Certificate of registration" means the document
8-1 issued to an underground storage tank contractor authorizing that
8-2 contractor to engage in the underground storage tank business in
8-3 this state.]
8-4 [(2) "Committee" means the Petroleum Storage Tank
8-5 Advisory Committee.]
8-6 [(3)] "Critical junctures" means, in the case of an
8-7 installation, repair, or removal, all of the following steps:
8-8 (A) preparation of the tank bedding immediately
8-9 before receiving the tank;
8-10 (B) setting of the tank and the piping,
8-11 including placement of any anchoring devices, backfill to the level
8-12 of the tank, and strapping, if any;
8-13 (C) connection of piping systems to the tank;
8-14 (D) all pressure testing of the underground
8-15 storage tank, including associated piping, performed during the
8-16 installation;
8-17 (E) completion of backfill and filling of the
8-18 excavation;
8-19 (F) any time during the repair in which the
8-20 piping system is connected or reconnected to the tank;
8-21 (G) any time during the repair in which the tank
8-22 or its associated piping is tested; and
8-23 (H) any time during the removal of the tank.
8-24 (2) [(4)] "Installation" means the installation of
8-25 underground storage tanks and ancillary equipment.
8-26 (3) [(5) "Installer" means a person who participates
8-27 in or supervises the installation, repair, or removal of
8-28 underground storage tanks.]
8-29 [(6) "License" means the document issued to an
8-30 installer or on-site supervisor authorizing that person to engage
8-31 in the underground storage tank business in this state.]
8-32 [(7) "On-site supervisor" means:]
8-33 [(A) a professional engineer registered to
8-34 practice in this state who has met the licensing requirements under
8-35 Section 26.456; or]
8-36 [(B) a person who has at least two years of
8-37 active experience in the vocation of installation of underground
8-38 storage tanks, underground utilities, or other engineering
8-39 construction in this state and who meets the licensing requirements
8-40 under Section 26.456.]
8-41 [(8) "Operator" means any person in control of, or
8-42 having responsibility for, the daily operation of the underground
8-43 storage tank system.]
8-44 [(9) "Owner" means any person who owns an underground
8-45 storage tank system used for storage, use, or dispensing of
8-46 regulated substances.]
8-47 [(10) "Person" means a natural person, including an
8-48 owner, manager, officer, employee, or occupant.]
8-49 [(11)] "Removal" means the process of removing and
8-50 disposing of an underground storage tank that is no longer in
8-51 service, or the process of abandoning an underground storage tank
8-52 in place after purging the tank of vapors and filling the vessel of
8-53 the tank with an inert material.
8-54 (4) [(12)] "Repair" means the modification or
8-55 correction of an underground storage tank and ancillary equipment.
8-56 The term does not include:
8-57 (A) relining an underground storage tank through
8-58 the application of epoxy resins or similar materials;
8-59 (B) the performance of a tightness test to
8-60 ascertain the integrity of the tank;
8-61 (C) the maintenance and inspection of cathodic
8-62 protection devices by a corrosion expert or corrosion technician;
8-63 (D) emergency actions to halt or prevent leaks
8-64 or ruptures; or
8-65 (E) minor maintenance on ancillary aboveground
8-66 equipment.
8-67 [(13) "Underground storage tank" has the meaning
8-68 assigned by Section 26.342.]
8-69 [(14) "Underground storage tank contractor" means a
9-1 person or business entity who offers to undertake, represents
9-2 itself as being able to undertake, or does undertake to install,
9-3 repair, or remove underground storage tanks.]
9-4 Sec. 26.452. UNDERGROUND STORAGE TANK CONTRACTOR
9-5 REGISTRATION [CERTIFICATE OF REGISTRATION]. (a) A person who
9-6 offers to undertake, represents itself as being able to undertake,
9-7 or undertakes to install, repair, or remove an underground storage
9-8 tank must hold a registration issued by the commission under
9-9 Chapter 37 [An underground storage tank contractor must apply to
9-10 the commission for a certificate of registration on a form
9-11 prescribed by the commission]. If the contractor is a partnership
9-12 or joint venture, it need not register in its own name if each
9-13 partner or joint venture is registered.
9-14 (b) An underground storage tank contractor must have an
9-15 on-site supervisor who is licensed by the commission under Chapter
9-16 37 at the site at all times during the critical junctures of the
9-17 installation, repair, or removal [A certificate of registration is
9-18 valid for one year from the date of issue and is renewable annually
9-19 on payment of the annual fee. An initial certification of
9-20 registration may be issued for a period of less than one year and
9-21 the annual fee shall be prorated proportionally].
9-22 (c) This subchapter does not apply to the installation of a
9-23 storage tank or other facility exempt from regulation under Section
9-24 26.344 [Each certificate of registration must be posted in a
9-25 conspicuous place in the contractor's place of business].
9-26 [(d) All bids, proposals, offers, and installation drawings
9-27 must prominently display the contractor's certificate of
9-28 registration number.]
9-29 [(e) A certificate of registration issued under this
9-30 subchapter is not transferable.]
9-31 [Sec. 26.453. LICENSE REQUIRED. (a) An underground storage
9-32 tank may not be installed, repaired, or removed except by an
9-33 underground storage tank contractor who has an installer or an
9-34 on-site supervisor who is licensed by the commission under Section
9-35 26.456 at the site at all times during the critical junctures of
9-36 the installation, repair, or removal.]
9-37 [(b) This subchapter does not apply to the installation of a
9-38 storage tank or other facility exempt from regulation under Section
9-39 26.344.]
9-40 [Sec. 26.454. POWERS AND DUTIES OF COMMISSION. (a) The
9-41 commission shall:]
9-42 [(1) prescribe application forms for original and
9-43 renewal licenses; and]
9-44 [(2) take other action necessary to enforce this
9-45 subchapter.]
9-46 [(b) With the advice of the committee, the commission shall
9-47 adopt rules for the licensing of installers and on-site
9-48 supervisors.]
9-49 [(c) The commission may adopt rules relating to continuing
9-50 education requirements for installers and on-site supervisors.]
9-51 [Sec. 26.455. EXAMINATION. (a) At times and places
9-52 designated by the commission, the commission shall conduct an
9-53 examination of applicants for licensing as installers and on-site
9-54 supervisors.]
9-55 [(b) The commission shall prescribe the contents of the
9-56 examination. Questions used in the examination must be derived
9-57 from standards, instructions, and recommended practices published
9-58 by organizations with expertise in various aspects of installation,
9-59 removal, and repair of underground storage tanks, including the:]
9-60 [(1) Petroleum Equipment Institute;]
9-61 [(2) American Petroleum Institute;]
9-62 [(3) Steel Tank Institute;]
9-63 [(4) National Association of Corrosion Engineers;]
9-64 [(5) Fiberglass Petroleum Tank and Pipe Institute; and]
9-65 [(6) National Fire Protection Association.]
9-66 [(c) The commission shall determine standards for acceptable
9-67 performance on the examination.]
9-68 [(d) If requested by a license applicant who fails the
9-69 examination, the commission shall provide to the applicant an
10-1 analysis of the applicant's performance on the examination.]
10-2 Sec. 26.453 [26.456]. UNDERGROUND STORAGE TANK ON-SITE
10-3 SUPERVISOR LICENSING [LICENSE]. (a) A person supervising the
10-4 installation, repair, or removal of an underground storage tank
10-5 must hold a license issued by the commission under Chapter 37 [The
10-6 commission shall issue an installer or on-site supervisor license
10-7 to an applicant who:]
10-8 [(1) is at least 18 years of age;]
10-9 [(2) meets the application requirements prescribed by
10-10 commission rule, including experience in installation of
10-11 underground storage tanks, underground utilities, or other
10-12 engineering construction in this state, not to exceed two years of
10-13 active experience;]
10-14 [(3) passes the licensing examination;]
10-15 [(4) pays the application, examination, and licensing
10-16 fees; and]
10-17 [(5) meets reasonable training requirements as
10-18 determined by the commission].
10-19 (b) An on-site supervisor must be present at the site at all
10-20 times during the critical junctures of the installation, repair, or
10-21 removal [A license issued under this subchapter is valid throughout
10-22 this state but is not assignable or transferable].
10-23 SECTION 11. Sections 34.001, 34.002, and 34.003, Water Code,
10-24 are amended to read as follows:
10-25 Sec. 34.001. Definitions. In this chapter:
10-26 (1) "Person" means a natural person.
10-27 (2) "Commission" means the Texas Natural Resource
10-28 Conservation Commission.
10-29 (3) "Council" means the irrigator [Texas irrigators]
10-30 advisory council.
10-31 (4) "Executive director" means the executive director
10-32 of the Texas Natural Resource Conservation Commission or the
10-33 executive director's designee.
10-34 (5) "Irrigation system" means an assembly of component
10-35 parts permanently installed for the controlled distribution and
10-36 conservation of water for the purpose of irrigating any type of
10-37 landscape vegetation in any location or for the purpose of dust
10-38 reduction or erosion control. The term "irrigation system" does
10-39 not include a system used on or by an agricultural operation as
10-40 defined in Section 251.002, Agriculture Code.
10-41 [(6) "Irrigator" means a person who sells, designs,
10-42 consults, installs, maintains, alters, repairs, or services an
10-43 irrigation system including the connection of such system in and to
10-44 a private or public, raw or potable water supply system or any
10-45 water supply. The term does not include:]
10-46 [(A) a person who assists in the installation,
10-47 maintenance, alteration, repair, or service of an irrigation system
10-48 under the direct supervision of a licensed irrigator; or]
10-49 [(B) an owner of a business that regularly
10-50 employs a licensed irrigator who directly supervises the business's
10-51 sale, design, consultation, installation, maintenance, alteration,
10-52 repair, and service of irrigation systems.]
10-53 [(7) "Licensed irrigator" means an irrigator who has
10-54 prequalified and is licensed under this chapter.]
10-55 [(8) "Installer" means a person who actually connects
10-56 an irrigation system to a private or public, raw or potable water
10-57 supply system or any water supply.]
10-58 [(9) "Licensed installer" means an installer who has
10-59 prequalified and is licensed under this chapter.]
10-60 Sec. 34.002. LANDSCAPE IRRIGATOR AND INSTALLER LICENSING AND
10-61 EXEMPTIONS. (a) A person who sells, designs, installs, maintains,
10-62 alters, repairs, or services an irrigation system, provides
10-63 consulting services relating to an irrigation system, or connects
10-64 an irrigation system to a private or public, raw or potable water
10-65 supply system or any water supply must hold a license issued by the
10-66 commission under Chapter 37. The commission may not require a
10-67 person who held a license as a landscape irrigator under Chapter
10-68 457, Acts of the 61st Legislature, Regular Session, 1969 (Article
10-69 249c, Vernon's Texas Civil Statutes), on August 27, 1979 to pass an
11-1 examination in order to be licensed.
11-2 (b) The licensure requirements of this chapter do not apply
11-3 to:
11-4 (1) any person licensed by the Texas State Board of
11-5 Plumbing Examiners;
11-6 (2) a registered professional engineer or architect or
11-7 landscape architect if his or her acts are incidental to the
11-8 pursuit of his or her profession;
11-9 (3) irrigation or yard sprinkler work done by a
11-10 property owner in a building or on premises owned or occupied by
11-11 him or her as his or her home;
11-12 (4) irrigation or yard sprinkler repair work, other
11-13 than extension of an existing irrigation or yard sprinkler system
11-14 or installation of a replacement system, done by a maintenance
11-15 person incidental to and on premises owned by the business in which
11-16 he or she is regularly employed or engaged and who does not engage
11-17 in the occupation of licensed irrigator or in yard sprinkler
11-18 construction or maintenance for the general public;
11-19 (5) irrigation or yard sprinkler work done on the
11-20 premises or equipment of a railroad by a regular employee of the
11-21 railroad who does not engage in the occupation of licensed
11-22 irrigator or in yard sprinkler construction or maintenance for the
11-23 general public;
11-24 (6) irrigation and yard sprinkler work done by a
11-25 person who is regularly employed by a county, city, town, special
11-26 district, or political subdivision of the state on public property;
11-27 (7) irrigation or yard sprinkler work done by a person
11-28 using a garden hose, hose sprinkler, hose-end product, [soaker
11-29 hose,] or agricultural irrigation system;
11-30 (8) activities involving a [portable or solid set or
11-31 other type of] commercial agricultural irrigation system;
11-32 (9) irrigation or yard sprinkler work done by an
11-33 agriculturist, agronomist, horticulturist, forester, gardener,
11-34 contract gardener, garden or lawn caretaker, nurseryman, or grader
11-35 or cultivator of land on land owned by himself or herself; [or]
11-36 (10) a person who assists in the installation,
11-37 maintenance, alteration, repair, or service of an irrigation system
11-38 under the direct supervision of an individual that is licensed
11-39 under Subsection (a);
11-40 (11) an owner of a business that employs an individual
11-41 licensed under Subsection (a) to supervise the business's sale,
11-42 design, consultation, installation, maintenance, alteration,
11-43 repair, and service of irrigation systems; or
11-44 (12) irrigation or yard sprinkler work done by a
11-45 member of a property owners' association as defined by Section
11-46 202.001, Property Code, on real property owned by the association
11-47 or in common by the members of the association if the irrigation or
11-48 yard sprinkler system waters real property that:
11-49 (A) is less than one-half acre in size; and
11-50 (B) is used for:
11-51 (i) aesthetic purposes; or
11-52 (ii) recreational purposes.
11-53 (c) [(b)] A person who is exempt from the licensure
11-54 requirements of this chapter shall comply with the standards
11-55 established by this chapter and the rules adopted under this
11-56 chapter. [Irrigation system does not include a system used on or
11-57 by an agricultural operation as defined in Section 251.002,
11-58 Agriculture Code.]
11-59 Sec. 34.003. IRRIGATOR [IRRIGATORS] ADVISORY COUNCIL.
11-60 (a) The commission shall appoint an advisory council for the
11-61 purpose of providing advice to the commission and staff concerning
11-62 matters relating to landscape irrigation. The irrigator [Texas
11-63 irrigators] advisory council is composed of nine members appointed
11-64 by the commission. Appointments to the council shall be made
11-65 without regard to the race, creed, sex, religion, or national
11-66 origin of the appointees.
11-67 (b) Six members of the council shall be licensed irrigators
11-68 who are residents of this state, experienced in the irrigation
11-69 business, and conversant in irrigation methods and techniques.
12-1 (c) Three members must be representatives of the public. A
12-2 person is not eligible for appointment as a public member if the
12-3 person or the person's spouse:
12-4 (1) is licensed by an occupational regulatory agency
12-5 in the field of irrigation; or
12-6 (2) is employed by, participates in the management of,
12-7 or has, other than as a consumer, a financial interest in a
12-8 business entity or other organization related to the field of
12-9 irrigation.
12-10 (d) [A council member or an employee of the commission
12-11 connected with the administration of this chapter may not be an
12-12 officer, employee, or paid consultant of a trade association in the
12-13 irrigation industry and may not be related within the second degree
12-14 by affinity or consanguinity to a person who is an officer,
12-15 employee, or paid consultant of a trade association in the
12-16 irrigation industry.]
12-17 [(e) A person who, because of the person's activities on
12-18 behalf of a trade or professional association in the irrigation
12-19 industry, is required to register as a lobbyist under Chapter 305,
12-20 Government Code, may not serve as a member of the council.]
12-21 [(f) It is a ground for removal from the council if a
12-22 member:]
12-23 [(1) does not have at the time of appointment the
12-24 qualifications required by Subsection (b) or (c) of this section
12-25 for appointment to the council;]
12-26 [(2) does not maintain during service on the council
12-27 the qualifications required by Subsection (b) or (c) of this
12-28 section for appointment to the council;]
12-29 [(3) violates a prohibition prescribed by Subsection
12-30 (d) or (e) of this section; or]
12-31 [(4) fails to attend at least one-half of the
12-32 regularly scheduled meetings held each year, excluding meetings
12-33 held when the person was not a council member.]
12-34 [(g) The members of the council serve six-year terms, with
12-35 the terms of two members expiring February 1 of each odd-numbered
12-36 year.]
12-37 [(h)] A member of the council is entitled to a per diem as
12-38 set by legislative appropriation for each day that the member
12-39 engages in the business of the council. A member is entitled to
12-40 reimbursement for travel expenses, including expenses for meals and
12-41 lodging, as provided for in the General Appropriations Act.
12-42 (e) [(i)] The council shall hold meetings at the call of the
12-43 commission or the chairman. [Meetings shall be conducted in
12-44 compliance with Chapter 551, Government Code.]
12-45 [(j) A majority of the council constitutes a quorum for
12-46 conducting business.]
12-47 [(k) The council shall elect a chairman by a majority vote
12-48 at the first meeting each fiscal year.]
12-49 SECTION 12. Subsection (a), Section 34.006, Water Code, is
12-50 amended to read as follows:
12-51 (a) The commission shall adopt [only those rules consistent
12-52 with this chapter to govern the conduct of its business and
12-53 proceedings authorized under this chapter and shall adopt]
12-54 standards governing the connection of irrigation systems
12-55 [connections] to any water supply [public or private water supplies
12-56 by a licensed irrigator or a licensed installer]. The commission
12-57 may adopt standards for landscape irrigation that include water
12-58 conservation, irrigation system design and installation, and
12-59 conformance with municipal codes [by a licensed irrigator or a
12-60 licensed installer]. The commission may not adopt any standard or
12-61 rule that requires or prohibits the use of any irrigation system,
12-62 component part, or equipment of any particular brand or
12-63 manufacturer.
12-64 SECTION 13. Subsection (a), Section 341.033, Health and
12-65 Safety Code, is amended to read as follows:
12-66 (a) A person may not furnish drinking water to the public
12-67 for a charge unless the production, processing, treatment, and
12-68 distribution are at all times under the supervision of a water
12-69 supply system operator holding a license issued by the commission
13-1 under Chapter 37, Water Code [valid certificate of competency
13-2 issued under Section 341.034].
13-3 SECTION 14. Section 341.034, Health and Safety Code, is
13-4 amended to read as follows:
13-5 Sec. 341.034. PUBLIC WATER SUPPLY OPERATIONS COMPANY
13-6 REGISTRATION AND [SYSTEM] OPERATOR LICENSING[: CERTIFICATE OF
13-7 COMPETENCY]. (a) A person who operates a public water supply on a
13-8 contract basis must hold a registration issued by the commission
13-9 under Chapter 37, Water Code [The commission shall adopt rules
13-10 establishing classes of certificates, duration of certificates, and
13-11 fees].
13-12 (b) A person who performs process control duties in
13-13 production or distribution of drinking water for a public water
13-14 system must hold a license issued by the commission under Chapter
13-15 37, Water Code, unless:
13-16 (1) the duties are provided to a transient,
13-17 noncommunity water system; and
13-18 (2) the water system uses groundwater that is not
13-19 under the influence of surface water [Before a certificate of
13-20 competency is issued or renewed under this subchapter, an applicant
13-21 for or holder of a certificate must pay an annual $10 fee. On
13-22 receipt of the required fee, the commission shall issue to a
13-23 qualified person a certificate of competency].
13-24 (c) A person who repairs or tests the installation or
13-25 operation of backflow prevention assemblies must hold a license
13-26 issued by the commission under Chapter 37, Water Code [Fees
13-27 collected by the commission under this section shall be deposited
13-28 to the credit of the commission occupational licensing account].
13-29 (d) A person who inspects homes and businesses to identify
13-30 potential or actual cross-connections or other contaminant hazards
13-31 in public water systems must hold a license issued by the
13-32 commission under Chapter 37, Water Code, unless the person is
13-33 licensed by the Texas State Board of Plumbing Examiners as a
13-34 plumbing inspector or water supply protection specialist.
13-35 (e) Unless the person is licensed by the Texas State Board
13-36 of Plumbing Examiners, a person must hold a license issued by the
13-37 commission under Chapter 37, Water Code, if the person under
13-38 contract:
13-39 (1) installs, exchanges, connects, maintains, or
13-40 services potable water treatment equipment and appliances in public
13-41 or private water systems; or
13-42 (2) analyzes water to determine how to treat influent
13-43 or effluent water, alter or purify water, add or remove a mineral,
13-44 chemical, or bacterial content or substance as part of the complete
13-45 installation, exchange, connection, maintenance, or service of
13-46 potable water treatment equipment and appliances.
13-47 SECTION 15. Section 361.027, Health and Safety Code, is
13-48 amended by amending the heading and Subsection (a) to read as
13-49 follows:
13-50 Sec. 361.027. [TRAINING OF] SOLID WASTE SUPERVISOR LICENSING
13-51 [TECHNICIANS]. (a) The commission may implement a program under
13-52 Chapter 37, Water Code, to license persons who supervise the
13-53 operation or maintenance of solid waste facilities[:]
13-54 [(1) develop a program to train solid waste
13-55 technicians to improve the competency of those technicians; and]
13-56 [(2) issue letters of competency].
13-57 SECTION 16. Section 366.001, Health and Safety Code, is
13-58 amended to read as follows:
13-59 Sec. 366.001. Policy and Purpose. It is the public policy
13-60 of this state and the purpose of this chapter to:
13-61 (1) eliminate and prevent health hazards by regulating
13-62 and properly planning the location, design, construction,
13-63 installation, operation, and maintenance of on-site sewage disposal
13-64 systems;
13-65 (2) authorize the commission or authorized agent to
13-66 impose and collect a permit fee for:
13-67 (A) construction, installation, alteration,
13-68 repair, or extension of on-site sewage disposal systems; and
13-69 (B) tests, designs, and inspections of those
14-1 systems;
14-2 (3) authorize the commission or authorized agent to
14-3 impose a penalty for a violation of this chapter or a rule adopted
14-4 under this chapter;
14-5 (4) authorize the commission to license or register
14-6 certain persons [require an on-site sewage disposal system
14-7 installer to register with the commission]; and
14-8 (5) allow the individual owner of a disposal system to
14-9 install and repair the system in accordance with this chapter.
14-10 SECTION 17. Section 366.002, Health and Safety Code, is
14-11 amended to read as follows:
14-12 Sec. 366.002. Definitions. In this chapter:
14-13 (1) "Authorized agent" means a local governmental
14-14 entity authorized by the commission to implement and enforce rules
14-15 under this chapter.
14-16 (2) "Commission" means the Texas Natural Resource
14-17 Conservation Commission.
14-18 (3) ["Designated representative" means a person who is
14-19 designated by the commission or authorized agent to make
14-20 percolation tests, system designs, and inspections subject to the
14-21 commission's approval.]
14-22 [(4) "Installer" means a person who is compensated by
14-23 another to construct, install, alter, or repair an on-site sewage
14-24 disposal system.]
14-25 [(5)] "Local governmental entity" means a
14-26 municipality, county, river authority, or special district,
14-27 including an underground water district, soil and water
14-28 conservation district, or public health district.
14-29 (4) [(6)] "Nuisance" means:
14-30 (A) sewage, human excreta, or other organic
14-31 waste discharged or exposed in a manner that makes it a potential
14-32 instrument or medium in the transmission of disease to or between
14-33 persons; or
14-34 (B) an overflowing septic tank or similar
14-35 device, including surface discharge from or groundwater
14-36 contamination by a component of an on-site sewage disposal system,
14-37 or a blatant discharge from an on-site sewage disposal system.
14-38 (5) [(7)] "On-site sewage disposal system" means one
14-39 or more systems of treatment devices and disposal facilities that:
14-40 (A) produce not more than 5,000 gallons of waste
14-41 each day; and
14-42 (B) are used only for disposal of sewage
14-43 produced on a site on which any part of the system is located.
14-44 (6) [(8)] "Owner" means a person who owns a building
14-45 or other property served by an on-site sewage disposal system.
14-46 (7) [(9)] "Sewage" means waste that:
14-47 (A) is primarily organic and biodegradable or
14-48 decomposable; and
14-49 (B) generally originates as human, animal, or
14-50 plant waste from certain activities, including the use of toilet
14-51 facilities, washing, bathing, and preparing food.
14-52 SECTION 18. Subsection (a), Section 366.012, Health and
14-53 Safety Code, is amended to read as follows:
14-54 (a) To assure the effective and efficient administration of
14-55 this chapter, the commission shall:
14-56 (1) adopt rules governing the installation of on-site
14-57 sewage disposal systems, including rules concerning the:
14-58 (A) review and approval of on-site sewage
14-59 disposal systems; and
14-60 (B) [registration of installers; and]
14-61 [(C)] temporary waiver of a permit for an
14-62 emergency repair; and
14-63 (2) adopt rules under this chapter that encourage the
14-64 use of economically feasible alternative techniques and
14-65 technologies for on-site sewage disposal systems that can be used
14-66 in soils not suitable for conventional on-site sewage disposal.
14-67 SECTION 19. Section 366.014, Health and Safety Code, is
14-68 amended to read as follows:
14-69 Sec. 366.014. DESIGNATED PERSON [REPRESENTATIVE].
15-1 [(a)] Subject to the requirements of Section 366.071(b), the [The]
15-2 commission or an authorized agent may designate a person to:
15-3 (1) review permit applications, site evaluations, or
15-4 planning materials; or
15-5 (2) inspect on-site sewage disposal systems [make
15-6 percolation tests, systems designs, and inspections subject to the
15-7 approval of the commission].
15-8 [(b) To qualify as a designated representative, a person
15-9 must:]
15-10 [(1) demonstrate to the commission's satisfaction the
15-11 person's competency to make percolation tests, designs, and
15-12 inspections for on-site sewage disposal systems in accordance with
15-13 this chapter and rules adopted under this chapter;]
15-14 [(2) successfully complete the training program
15-15 provided by the commission;]
15-16 [(3) successfully pass an examination provided by the
15-17 commission;]
15-18 [(4) receive written certification from the
15-19 commission; and]
15-20 [(5) pay a reasonable fee to the commission for
15-21 administration of this training and certification.]
15-22 [(c) Fees collected under this section shall be deposited to
15-23 the credit of the commission occupational licensing account.]
15-24 SECTION 20. Section 366.071, Health and Safety Code, is
15-25 amended to read as follows:
15-26 Sec. 366.071. OCCUPATIONAL LICENSING AND REGISTRATION.
15-27 (a) A person who constructs, installs, alters, extends, or repairs
15-28 an on-site sewage disposal system or any part of an on-site sewage
15-29 disposal system for compensation by another must hold a license or
15-30 registration issued by the commission under Chapter 37, Water Code.
15-31 (b) A person designated by an authorized agent under Section
15-32 366.014 must hold a license issued by the commission under Chapter
15-33 37, Water Code.
15-34 (c) Effective September 1, 2001, a person who conducts
15-35 preconstruction site evaluation, including visiting a site,
15-36 performing a soil analysis, making a site survey, or other
15-37 activities necessary to determine the suitability of a site for an
15-38 on-site sewage disposal system, must hold a license issued by the
15-39 commission under Chapter 37, Water Code, unless the person is
15-40 licensed by the Texas Board of Professional Engineers as a
15-41 professional engineer.
15-42 (d) The commission may implement a program under Chapter 37,
15-43 Water Code, to register persons who service or maintain on-site
15-44 sewage disposal systems for compensation [A person may not operate
15-45 as an installer in this state unless the person is registered by
15-46 the commission].
15-47 SECTION 21. Section 3A, The Plumbing License Law (Article
15-48 6243-101, Vernon's Texas Civil Statutes), is repealed.
15-49 SECTION 22. The following provisions of the Water Code are
15-50 repealed:
15-51 (1) Sections 26l.457, 26.458, and 26.459; and
15-52 (2) Sections 34.004 and 34.005, Subsections (c)
15-53 through (j), Section 34.006, and Sections 34.007, 34.008, 34.009,
15-54 and 34.015.
15-55 SECTION 23. The following provisions of the Health and
15-56 Safety Code are repealed:
15-57 (1) Subsections (b) and (c), Section 361.027; and
15-58 (2) Sections 366.013, 366.072, 366.073, 366.074,
15-59 366.075, 366.076, and 366.078.
15-60 SECTION 24. (a) This Act takes effect September 1, 2001,
15-61 and applies only to an application to obtain or renew a license or
15-62 registration that is made on or after January 1, 2002. An
15-63 application to obtain or renew a license or registration that is
15-64 made before January 1, 2002, is governed by the law as it existed
15-65 immediately before the effective date of this Act, and that law is
15-66 continued in effect for this purpose.
15-67 (b) The Texas Natural Resource Conservation Commission shall
15-68 adopt rules under Chapter 37, Water Code, as added by this Act, as
15-69 soon as practicable after the effective date of this Act.
16-1 * * * * *