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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 amending Subdivisions (7), (7-b), and (16) and adding |
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Subdivision (7-c) to read as follows: |
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(7) "Driller" means a water well driller, injection |
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well driller, dewatering well driller, closed-loop geothermal well |
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driller, or monitoring well driller. |
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(7-b) "Field operator" means a qualified employee of |
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one of the following entities that has a memorandum of |
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understanding with the department: |
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(A) a state agency with jurisdiction over wells; |
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(B) a municipality; or |
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(C) another political subdivision that assists |
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the department with enforcement activities. |
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(7-c) "Groundwater conservation district" means a |
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district to which Chapter 36, Water Code, applies. |
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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 1901.056 to read as follows: |
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Sec. 1901.056. FIELD OPERATIONS PROGRAM. (a) The |
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commission by rule shall establish a field operations program using |
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field operators. |
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(b) Rules adopted under Subsection (a) must establish: |
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(1) training requirements for a field operator; |
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(2) registration procedures for a field operator; |
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(3) policies governing the acts of a field operator in |
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conducting an inspection or investigation; and |
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(4) policies governing the conditions under which a |
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field operator may enter private property for the purpose of |
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conducting an inspection. |
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(c) A field operator may enter private property, as provided |
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by commission rule, for the purpose of conducting an inspection. |
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SECTION 3. 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 4. Subchapter D, Chapter 1901, Occupations Code, is |
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amended by adding Section 1901.153 to read as follows: |
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Sec. 1901.153. APPRENTICE DRILLER PROGRAM. The commission |
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by rule shall establish an apprentice driller program. |
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SECTION 5. Section 1901.201, Occupations Code, is amended |
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to read as follows: |
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Sec. 1901.201. [FREQUENCY OF] EXAMINATION. [(a)] The |
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department shall offer examinations for a license under this |
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chapter [at least once each year]. |
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[(b)
The department shall offer examinations more
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frequently if more than 10 persons petition for an additional
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examination.] |
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SECTION 6. Sections 1901.251(a) and (b), Occupations Code, |
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are 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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(b) Not later than the 60th day after the date of the |
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completion or cessation of drilling, deepening, or otherwise |
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altering the well, the driller shall deliver, [or] send by first |
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class [certified] mail, or provide electronically a copy of the |
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well log to: |
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(1) the department; |
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(2) the Texas Commission on Environmental Quality |
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[Natural Resource Conservation Commission]; [and] |
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(3) the owner of the well or the person for whom the |
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well was drilled; and |
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(4) any groundwater conservation district in which the |
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well is located. |
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SECTION 7. Subchapter F, Chapter 1901, Occupations Code, is |
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amended by adding Section 1901.258 to read as follows: |
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Sec. 1901.258. CONVERSION OF OIL OR GAS WELL TO WATER WELL. |
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A driller shall supervise the recompletion, perforation, or |
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conversion of an oil or gas well to a water well. An oil or gas well |
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converted to a water well used by a public water system must meet |
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the requirements of the Texas Commission on Environmental Quality. |
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SECTION 8. Subchapter I, Chapter 1901, Occupations Code, is |
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amended by adding Section 1901.405 to read as follows: |
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Sec. 1901.405. FIELD OPERATORS; ENFORCEMENT. (a) The |
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department may enter into a memorandum of understanding with an |
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entity described by Subsection (b) to assist in the enforcement of |
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this chapter or a rule adopted under this chapter, including rules |
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governing the performance of inspections and the conduct of |
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investigations. |
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(b) The department may enter into a memorandum of |
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understanding under Subsection (a) with: |
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(1) a state agency with jurisdiction over wells; |
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(2) a municipality; or |
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(3) another political subdivision that assists the |
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department with enforcement activities. |
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SECTION 9. Section 1902.001, Occupations Code, is amended |
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by adding Subdivision (4-b) to read as follows: |
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(4-b) "Field operator" means a qualified employee of |
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one of the following entities that has a memorandum of |
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understanding with the department: |
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(A) a state agency with jurisdiction over wells; |
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(B) a municipality; or |
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(C) another political subdivision that assists |
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the department with enforcement activities. |
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SECTION 10. 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 11. Subchapter D, Chapter 1902, Occupations Code, |
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is amended by adding Section 1902.153 to read as follows: |
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Sec. 1902.153. APPRENTICE PUMP INSTALLER PROGRAM. The |
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commission by rule shall establish an apprentice pump installer |
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program. |
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SECTION 12. Section 1902.201, Occupations Code, is amended |
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to read as follows: |
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Sec. 1902.201. [FREQUENCY OF] EXAMINATION. [(a)] The |
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department shall offer examinations for a license under this |
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chapter [at least once each month]. |
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[(b)
The department shall offer examinations more
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frequently if more than 10 persons petition for an additional
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examination.] |
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SECTION 13. Subchapter I, Chapter 1902, Occupations Code, |
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is amended by adding Section 1902.405 to read as follows: |
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Sec. 1902.405. FIELD OPERATORS; ENFORCEMENT. (a) The |
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department may enter into a memorandum of understanding with an |
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entity described by Subsection (b) to assist in the enforcement of |
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this chapter or a rule adopted under this chapter, including rules |
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governing the performance of inspections and the conduct of |
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investigations. |
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(b) The department may enter into a memorandum of |
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understanding under Subsection (a) with: |
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(1) a state agency with jurisdiction over wells; |
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(2) a municipality; or |
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(3) another political subdivision that assists the |
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department with enforcement activities. |
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SECTION 14. Not later than December 1, 2015, 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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SECTION 15. The Texas Commission of Licensing and |
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Regulation may not require a person to hold a license or license |
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specialty endorsement as an apprentice driller or apprentice pump |
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installer under Sections 1901.153 and 1902.153, Occupations Code, |
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as added by this Act, before June 1, 2016. |
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SECTION 16. This Act takes effect September 1, 2015. |