H.B. No. 3744
 
 
 
 
AN ACT
  relating to the regulation of water well drillers and water well
  pump installers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1901.051(a), Occupations Code, is
  amended to read as follows:
         (a)  The department[, with the advice of the council,] shall
  provide for the examination of license applicants [prepare
  licensing examinations].
         SECTION 2.  Section 1901.155, Occupations Code, is amended
  to read as follows:
         Sec. 1901.155.  LICENSE EXPIRATION[; RENEWAL].  [(a)]  A
  license issued under this chapter is valid for one or two years as
  determined by commission rule [expires annually.  On or before the
  license expiration date, a license holder must pay an annual
  renewal fee to the department].
         SECTION 3.  Section 1901.201, Occupations Code, is amended
  to read as follows:
         Sec. 1901.201.  EXAMINATION. The department may prepare,
  recognize, administer, or arrange for the administration of an
  examination required [shall offer examinations for a license] under
  this chapter.
         SECTION 4.  Section 1901.202(a), Occupations Code, is
  amended to read as follows:
         (a)  The department shall ensure that examinations are
  designed [design written examinations] to disqualify a person who
  lacks the necessary knowledge of drilling, of completion and
  plugging methods and techniques, and of groundwater formations to
  the extent that drilling by the person would create a serious risk
  of polluting fresh water.
         SECTION 5.  Section 1902.051(a), Occupations Code, is
  amended to read as follows:
         (a)  The department[, with the advice of the council,] shall
  provide for the examination of license applicants [prepare
  licensing examinations].
         SECTION 6.  Section 1902.155, Occupations Code, is amended
  to read as follows:
         Sec. 1902.155.  LICENSE EXPIRATION[; RENEWAL].  [(a)]  A
  license issued under this chapter is valid for one or two years as
  determined by commission rule [expires annually.  On or before the
  license expiration date, a license holder must pay an annual
  renewal fee to the department].
         SECTION 7.  Section 1902.201, Occupations Code, is amended
  to read as follows:
         Sec. 1902.201.  EXAMINATION. The department may prepare,
  recognize, administer, or arrange for the administration of an
  examination required [shall offer examinations for a license] under
  this chapter.
         SECTION 8.  Section 1902.202, Occupations Code, is amended
  to read as follows:
         Sec. 1902.202.  CONTENTS OF EXAMINATION. The department
  shall ensure that examinations are designed [design written
  examinations] to disqualify a person who lacks the knowledge of
  pump installation to the extent that pump installation by the
  person would create a serious risk of polluting fresh water.
         SECTION 9.  The following provisions of the Occupations Code
  are repealed:
               (1)  Section 1901.054;
               (2)  Section 1901.203;
               (3)  Section 1901.204;
               (4)  Section 1902.054; and
               (5)  Section 1902.203.
         SECTION 10.  Not later than January 1, 2024, 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.
         SECTION 11.  Sections 1901.155 and 1902.155, Occupations
  Code, as amended by this Act, apply only to a license issued under
  Chapter 1901 or 1902, Occupations Code, that expires on or after
  January 1, 2024.  A license issued under Chapter 1901 or 1902,
  Occupations Code, that expires before January 1, 2024, is governed
  by the law in effect immediately before the effective date of this
  Act, and the former law is continued in effect for that purpose.
         SECTION 12.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3744 was passed by the House on May 2,
  2023, by the following vote:  Yeas 131, Nays 14, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3744 was passed by the Senate on May
  24, 2023, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor