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A BILL TO BE ENTITLED
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AN ACT
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relating to water well drillers and pump installers; authorizing |
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fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1901.001, Occupations Code, is amended |
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by adding Subdivision (13-a) and amending Subdivision (16) to read |
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as follows: |
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(13-a) "Third-party inspector" means a qualified |
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employee of a state agency with jurisdiction over wells who assists |
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the department with enforcement activities. |
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(16) "Well" means a water well, injection well, |
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dewatering well, closed-loop geothermal well, or monitoring well. |
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SECTION 2. Subchapter B, Chapter 1901, Occupations Code, is |
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amended by adding Section 1901.0531 to read as follows: |
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Sec. 1901.0531. DRILLER AND PUMP INSTALLER TRAINING AND |
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ENFORCEMENT ACCOUNT. (a) The driller and pump installer training |
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and enforcement account is an account in the general revenue fund. |
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Administrative penalties collected under Subchapter F, Chapter 51, |
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for a violation of this chapter or a rule adopted under this chapter |
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shall be deposited to the credit of the account. |
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(b) Funds in the account may be appropriated only to the |
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department for: |
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(1) promoting consumer awareness of this chapter and |
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Chapter 1902 and rules adopted under this chapter and Chapter 1902; |
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and |
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(2) supporting educational seminars, training |
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activities, or other projects designed to benefit the department's |
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ability to administer this chapter and Chapter 1902. |
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(b) The department may solicit and accept gifts, grants, and |
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other donations from any source for deposit into the account. |
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(c) The account is exempt from the application of Section |
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403.095, Government Code. |
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SECTION 3. Subchapter B, Chapter 1901, Occupations Code, is |
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amended by adding Section 1901.056 to read as follows: |
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Sec. 1901.056. REGIONAL WELL INSPECTION PROGRAM. (a) The |
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commission by rule shall establish a regional well inspection |
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program using third-party inspectors. |
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(b) Rules adopted under Subsection (a) shall establish: |
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(1) training requirements for a third-party |
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inspector; |
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(2) registration procedures for a third-party |
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inspector; and |
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(3) policies governing the acts of a third-party |
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inspector in conducting an inspection or investigation. |
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SECTION 4. Section 1901.151, Occupations Code, is amended |
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to read as follows: |
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Sec. 1901.151. LICENSE REQUIRED. A person may not act or |
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offer to act as a driller unless the person holds the appropriate |
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[a] license issued by the executive director under this chapter and |
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rules adopted under this chapter. |
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SECTION 5. Section 1901.152, Occupations Code, is amended |
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to read as follows: |
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Sec. 1901.152. LICENSE APPLICATION[; EXAMINATION FEE]. |
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[(a)] An applicant [application] for a license must submit to the |
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department [contain]: |
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(1) an application that includes: |
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(A) the applicant's name; |
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(B) [(2)] the applicant's business address; |
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(C) [(3)] the applicant's permanent mailing |
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address; and |
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(D) [(4)] any other relevant information |
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required by the department; and[.] |
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(2) [(b) An applicant must pay to the department] an |
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application [examination] fee [at the time the application is
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submitted]. |
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SECTION 6. Subchapter D, Chapter 1901, Occupations Code, is |
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amended by adding Sections 1901.153, 1901.1531, 1901.1532, and |
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1901.1533 to read as follows: |
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Sec. 1901.153. MASTER DRILLER. An applicant for a master |
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driller license must: |
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(1) pass an examination covering: |
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(A) water wells; |
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(B) injection wells; |
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(C) dewatering wells; |
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(D) monitoring wells; and |
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(E) closed-loop geothermal wells; and |
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(2) complete other requirements, including an |
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experience requirement, as determined by commission rule. |
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Sec. 1901.1531. LICENSE WITH SPECIALTY ENDORSEMENT. (a) |
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An applicant for a license other than a master driller license must: |
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(1) apply for a license with one or more specialty |
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endorsements described by Subsection (b); |
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(2) pass an examination for each endorsement for which |
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the applicant has applied; and |
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(3) satisfy other requirements as determined by |
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commission rule. |
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(b) The commission shall establish specialty endorsements |
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for: |
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(1) water wells; |
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(2) injection wells; |
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(3) dewatering wells; |
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(4) monitoring wells; and |
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(5) closed-loop geothermal wells. |
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Sec. 1901.1532. JOURNEYMAN DRILLER. An applicant for a |
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journeyman driller license must: |
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(1) pass an examination; and |
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(2) satisfy other requirements as determined by the |
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commission. |
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Sec. 1901.1533. APPRENTICE DRILLER. The commission by rule |
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shall set the fee for, establish the qualifications for, and |
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provide for the issuance of an apprentice driller license. |
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SECTION 7. Section 1901.201(a), Occupations Code, is |
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amended to read as follows: |
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(a) The department shall offer examinations for each |
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license and endorsement at least once each year. |
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SECTION 8. Section 1901.251(a), Occupations Code, is |
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amended to read as follows: |
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(a) Each driller who drills, deepens, or otherwise alters a |
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[water] well in this state shall make and keep a legible and |
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accurate well log in accordance with rules adopted by the |
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commission and on forms prescribed by the executive director. The |
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well log shall be recorded at the time of drilling, deepening, or |
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otherwise altering the well and must contain: |
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(1) the depth, thickness, and character of the strata |
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penetrated; |
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(2) the location of water-bearing strata; |
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(3) the depth, size, and character of casing |
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installed; and |
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(4) any other information required by rules adopted by |
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the commission. |
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SECTION 9. Section 1901.255(d), Occupations Code, is |
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amended to read as follows: |
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(d) Not later than the 60th [30th] day after the date the |
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well is plugged, a driller, licensed pump installer, or well owner |
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who plugs an abandoned or deteriorated well shall submit a plugging |
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report to: |
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(1) the board of directors of the groundwater |
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conservation district in which the well is located, if the well is |
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located in the boundaries of a groundwater conservation district; |
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and |
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(2) the executive director. |
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SECTION 10. Subchapter I, Chapter 1901, Occupations Code, |
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is amended by adding Section 1901.405 to read as follows: |
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Sec. 1901.405. THIRD-PARTY INSPECTORS; ENFORCEMENT. The |
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department may contract with a third-party inspector to assist in |
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the enforcement of this chapter or a rule adopted under this |
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chapter, including rules governing the performance of inspections |
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and the conduct of investigations. |
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SECTION 11. Subchapter B, Chapter 1902, Occupations Code, |
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is amended by adding Section 1902.0531 to read as follows: |
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Sec. 1902.0531. DEPOSIT OF ADMINISTRATIVE PENALTIES IN |
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DRILLER AND PUMP INSTALLER TRAINING AND ENFORCEMENT ACCOUNT. |
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Administrative penalties collected under Subchapter F, Chapter 51, |
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for a violation of this chapter or a rule adopted under this chapter |
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shall be deposited to the credit of the driller and pump installer |
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training and enforcement account under Section 1901.0531. |
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SECTION 12. Section 1902.152, Occupations Code, is amended |
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to read as follows: |
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Sec. 1902.152. LICENSE APPLICATION[; EXAMINATION FEE]. |
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[(a)] An applicant [application] for a license must submit to the |
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department [contain]: |
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(1) an application that includes: |
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(A) the applicant's name; |
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(B) [(2)] the applicant's business address; |
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(C) [(3)] the applicant's permanent mailing |
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address; and |
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(D) [(4)] any other information required by the |
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department; and[.] |
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(2) [(b) An applicant must pay to the department] an |
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application [examination] fee [at the time the application is
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submitted]. |
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SECTION 13. Subchapter D, Chapter 1902, Occupations Code, |
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is amended by adding Sections 1902.153, 1902.1531, and 1902.1532 to |
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read as follows: |
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Sec. 1902.153. MASTER PUMP INSTALLER. An applicant for a |
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master pump installer license must: |
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(1) pass an examination covering: |
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(A) windmills, hand pumps, and pump jacks; and |
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(B) single-phase and three-phase pumps and |
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line-shaft turbine pumps; and |
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(2) complete other requirements, including an |
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experience requirement, as determined by commission rule. |
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Sec. 1902.1531. LICENSE WITH SPECIALTY ENDORSEMENTS. (a) |
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An applicant for a license other than a master pump installer |
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license must: |
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(1) apply for a license with one or more specialty |
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endorsements described by Subsection (b); |
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(2) pass an examination for each endorsement for which |
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the applicant has applied; and |
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(3) satisfy other requirements as determined by |
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commission rule. |
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(b) The commission shall establish specialty endorsements |
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for: |
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(1) windmills, hand pumps, and pump jacks; |
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(2) single-phase pumps; |
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(3) three-phase pumps; and |
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(4) line-shaft turbine pumps. |
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Sec. 1902.1532. APPRENTICE PUMP INSTALLER. The commission |
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by rule shall set the fee for, establish the qualifications for, and |
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provide for the issuance of an apprentice pump installer license. |
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SECTION 14. Section 1902.201(a), Occupations Code, is |
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amended to read as follows: |
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(a) The department shall offer examinations for each |
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license and endorsement at least once each year [month]. |
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SECTION 15. The following sections of the Occupations Code |
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are repealed: |
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(1) Section 1901.201(b); and |
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(2) Section 1902.201(b). |
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SECTION 16. (a) Not later than December 1, 2013, the Texas |
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Commission of Licensing and Regulation shall adopt rules to |
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implement the changes in law made by this Act to Chapters 1901 and |
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1902, Occupations Code. |
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(b) A person is not required to hold a license or license |
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specialty endorsement as a master driller, journeyman driller, |
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apprentice driller, master pump installer, or apprentice pump |
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installer issued under Chapter 1901 or 1902, Occupations Code, |
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before June 1, 2014. |
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SECTION 17. This Act takes effect September 1, 2013. |