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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of water well drillers and water well |
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pump installers; affecting fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 application for a license must contain: |
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(1) the applicant's name; |
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(2) the applicant's business address; |
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(3) the applicant's permanent mailing address; and |
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(4) any other relevant information required by the |
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department. |
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[(b)
An applicant must pay to the department an examination
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fee at the time the application is submitted.] |
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SECTION 2. Section 1901.155, Occupations Code, is amended |
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to read as follows: |
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Sec. 1901.155. LICENSE EXPIRATION; RENEWAL. (a) A license |
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issued under this chapter expires on the first anniversary of the |
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date of issuance [annually]. |
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(b) The commission shall by rule establish requirements for |
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renewing a license issued under this chapter, including the payment |
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of applicable fees [On or before the license expiration date, a
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license holder must pay an annual renewal fee to the department]. |
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SECTION 3. Section 1901.251, Occupations Code, is amended |
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to read as follows: |
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Sec. 1901.251. WELL REPORT [LOG]. (a) Each driller who |
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drills, deepens, or otherwise alters a water well in this state |
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shall make and keep a legible and accurate well report [log] in |
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accordance with rules adopted by the commission and on forms |
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prescribed by the executive director. The well report [log] shall |
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be recorded at the time of drilling, deepening, or otherwise |
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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 certified |
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mail a copy of the well report [log] to: |
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(1) the department; |
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(2) the Texas [Natural Resource Conservation] |
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Commission on Environmental Quality; and |
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(3) the owner of the well or the person for whom the |
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well was drilled. |
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(c) If the department receives, by certified mail, a written |
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request from the owner of the well or from the person for whom the |
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well was drilled that the well report [log] be made confidential, |
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the department shall protect the contents of the well report [log] |
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as confidential and not a matter of public record. |
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SECTION 4. Section 1901.301, Occupations Code, is amended |
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to read as follows: |
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Sec. 1901.301. GROUNDS FOR DISCIPLINARY ACTION. The |
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commission may discipline a person under Section 51.353 for a |
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violation of this chapter or a rule adopted under this chapter, |
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including: |
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(1) an intentional misstatement or misrepresentation |
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of a fact on an application or well report [log] or to a person for |
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whom a well is being drilled, deepened, or otherwise altered; |
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(2) the failure to keep, deliver, or send a well report |
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[log] as required by Section 1901.251; |
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(3) the failure to advise a person for whom a well is |
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being drilled that: |
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(A) injurious water has been encountered; |
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(B) the water is a pollution hazard; and |
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(C) the well must be immediately plugged in an |
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acceptable manner; or |
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(4) the failure to complete a well in accordance with |
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standards and procedures adopted by the commission. |
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SECTION 5. 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 application for a license must contain: |
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(1) the applicant's name; |
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(2) the applicant's business address; |
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(3) the applicant's permanent mailing address; and |
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(4) any other information required by the department. |
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[(b)
An applicant must pay to the department an examination
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fee at the time the application is submitted.] |
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SECTION 6. Section 1902.155, Occupations Code, is amended |
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to read as follows: |
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Sec. 1902.155. LICENSE EXPIRATION; RENEWAL. (a) A license |
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issued under this chapter expires on the first anniversary of the |
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date of issuance [annually]. |
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(b) The commission shall by rule establish requirements for |
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renewing a license issued under this chapter, including the payment |
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of applicable fees [On or before the license expiration date, a
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license holder must pay an annual renewal fee to the department]. |
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SECTION 7. The following provisions of the Occupations Code |
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are repealed: |
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(1) Section 1901.154; |
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(2) Section 1901.201; |
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(3) Section 1901.203; |
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(4) Section 1901.204; |
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(5) Section 1901.206; |
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(6) Section 1902.154; |
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(7) Section 1902.201; and |
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(8) Section 1902.203. |
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SECTION 8. Sections 1901.152 and 1902.152, Occupations |
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Code, as amended by this Act, apply only to an application for a |
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license under Chapter 1901 or 1902, Occupations Code, as |
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applicable, that is submitted to the Texas Department of Licensing |
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and Regulation on or after the effective date of this Act. An |
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application for a license submitted before the effective date of |
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this Act is governed by the law in effect on the date the |
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application was submitted, and the former law is continued in |
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effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2015. |