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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 1901.001,
Occupations Code, is amended by amending Subdivisions (7), (7-b), and (16)
and adding Subdivision (7-c) to read as follows:
(7) "Driller" means
a water well driller, injection well driller, dewatering well driller, closed-loop
geothermal well driller, or monitoring well driller.
(7-b) "Field
operator" means a qualified employee of one of the following entities
that has a memorandum of understanding with the department:
(A) a state agency with
jurisdiction over wells;
(B) a municipality; or
(C) another political
subdivision that assists the department with enforcement activities.
(7-c) "Groundwater
conservation district" means a district to which Chapter 36, Water
Code, applies.
(16) "Well" means a
water well, injection well, dewatering well, closed-loop geothermal
well, or monitoring well.
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No
equivalent provision.
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SECTION 2. Subchapter B,
Chapter 1901, Occupations Code, is amended by adding Section 1901.056 to
read as follows:
Sec. 1901.056. FIELD
OPERATIONS PROGRAM. (a) The commission by rule shall establish a field
operations program using field operators.
(b) Rules adopted under
Subsection (a) must establish:
(1) training requirements
for a field operator;
(2) registration
procedures for a field operator;
(3) policies governing the
acts of a field operator in conducting an inspection or investigation; and
(4) policies governing the
conditions under which a field operator may enter private property for the
purpose of conducting an inspection.
(c) A field operator may
enter private property, as provided by commission rule, for the purpose of
conducting an inspection.
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No
equivalent provision.
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SECTION 3. Section 1901.152,
Occupations Code, is amended.
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SECTION 1. Same as introduced
version.
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SECTION 4. Subchapter D,
Chapter 1901, Occupations Code, is amended.
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SECTION 2. Same as introduced
version.
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SECTION 5. Section 1901.201,
Occupations Code, is amended.
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SECTION 3. Same as introduced
version.
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SECTION 6. Sections
1901.251(a) and (b), Occupations Code, are amended to read as follows:
(a)
Each driller who drills, deepens, or otherwise alters a [water] well
in this state shall make and keep a legible and accurate well log in
accordance with rules adopted by the commission and on forms prescribed by
the executive director. The well log shall be recorded at the time of
drilling, deepening, or otherwise altering the well and must contain:
(1)
the depth, thickness, and character of the strata penetrated;
(2)
the location of water-bearing strata;
(3)
the depth, size, and character of casing installed; and
(4)
any other information required by rules adopted by the commission.
(b) Not later than the 60th
day after the date of the completion or cessation of drilling, deepening,
or otherwise altering the well, the driller shall deliver, [or]
send by first class [certified] mail, or provide
electronically a copy of the well log to:
(1) the department;
(2) the Texas Commission
on Environmental Quality [Natural Resource Conservation Commission];
[and]
(3) the owner of the well or
the person for whom the well was drilled;
and
(4) any groundwater conservation district in which the well is
located.
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SECTION 4. Section
1901.251(b), Occupations Code, is amended to read as follows:
(b) Not later than the 60th
day after the date of the completion or cessation of drilling, deepening,
or otherwise altering the well, the driller shall deliver, [or]
send by first class [certified] mail, or provide
electronically a copy of the well log to:
(1) the department;
(2) the Texas Commission
on Environmental Quality [Natural Resource Conservation Commission];
and
(3) the owner of the well or
the person for whom the well was drilled.
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SECTION 7. Subchapter F,
Chapter 1901, Occupations Code, is amended by adding Section 1901.258 to
read as follows:
Sec. 1901.258. CONVERSION
OF OIL OR GAS WELL TO WATER WELL. A driller shall supervise the
recompletion, perforation, or conversion of an oil or gas well to a water
well. An oil or gas well converted to a water well used by a public water
system must meet the requirements of the Texas Commission on Environmental
Quality.
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No
equivalent provision.
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SECTION 8. Subchapter I,
Chapter 1901, Occupations Code, is amended by adding Section 1901.405 to
read as follows:
Sec. 1901.405. FIELD
OPERATORS; ENFORCEMENT. (a) The department may enter into a memorandum of
understanding with an entity described by Subsection (b) to assist in the
enforcement of this chapter or a rule adopted under this chapter, including
rules governing the performance of inspections and the conduct of
investigations.
(b) The department may
enter into a memorandum of understanding under Subsection (a) with:
(1) a state agency with
jurisdiction over wells;
(2) a municipality; or
(3) another political
subdivision that assists the department with enforcement activities.
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No
equivalent provision.
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SECTION 9. Section 1902.001,
Occupations Code, is amended by adding Subdivision (4-b) to read as
follows:
(4-b) "Field
operator" means a qualified employee of one of the following entities
that has a memorandum of understanding with the department:
(A) a state agency with
jurisdiction over wells;
(B) a municipality; or
(C) another political
subdivision that assists the department with enforcement activities.
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No
equivalent provision.
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SECTION 10. Section 1902.152,
Occupations Code, is amended to read as follows:
Sec. 1902.152. LICENSE
APPLICATION[; EXAMINATION FEE]. [(a)] An applicant [application]
for a license must submit to the department [contain]:
(1) an application that
includes:
(A) the applicant's
name;
(B) [(2)] the
applicant's business address;
(C) [(3)] the
applicant's permanent mailing address; and
(D) [(4)] any
other information required by the department; and [.]
(2) [(b) An
applicant must pay to the department] an application [examination]
fee [at the time the application is submitted].
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No
equivalent provision.
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SECTION 11. Subchapter D,
Chapter 1902, Occupations Code, is amended.
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SECTION 5. Same as introduced
version.
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SECTION 12. Section 1902.201,
Occupations Code, is amended.
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SECTION 6. Same as introduced
version.
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SECTION 13. Subchapter I,
Chapter 1902, Occupations Code, is amended by adding Section 1902.405 to
read as follows:
Sec. 1902.405. FIELD
OPERATORS; ENFORCEMENT. (a) The department may enter into a memorandum of
understanding with an entity described by Subsection (b) to assist in the
enforcement of this chapter or a rule adopted under this chapter, including
rules governing the performance of inspections and the conduct of
investigations.
(b) The department may
enter into a memorandum of understanding under Subsection (a) with:
(1) a state agency with
jurisdiction over wells;
(2) a municipality; or
(3) another political
subdivision that assists the department with enforcement activities.
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No
equivalent provision.
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SECTION 14. Not later than
December 1, 2015, the Texas Commission of Licensing and Regulation shall
adopt rules to implement the changes in law made by this Act to Chapters
1901 and 1902, Occupations Code.
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SECTION 7. Same as introduced
version.
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SECTION 15. The Texas
Commission of Licensing and Regulation may not require a person to hold a
license or license specialty endorsement as an apprentice driller or
apprentice pump installer under Sections 1901.153 and 1902.153, Occupations
Code, as added by this Act, before June 1, 2016.
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SECTION 8. Same as introduced
version.
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SECTION 16. This Act takes
effect September 1, 2015.
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SECTION 9. Same as introduced
version.
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