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.
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