83R2856 SLB-F
By: Martinez H.B. No. 3289
A BILL TO BE ENTITLED
AN ACT
relating to the licensing of professionals engaged in Texas
pollutant discharge elimination system-related stormwater
activity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter K, Chapter 26, Water Code, is amended
by adding Section 26.457 to read as follows:
Sec. 26.457. TPDES-RELATED STORMWATER PROFESSIONALS;
ADVISORY BOARD. (a) In this section:
(1) "Stormwater" means rainfall runoff, including
snow or ice melt during a rain event.
(2) "TPDES" means the Texas pollutant discharge
elimination system.
(3) "TPDES-related stormwater activity" means
professional, laboratory, training, contracting, or other services
relating to the planning, development, implementation, inspection,
construction, or monitoring of a stormwater pollution prevention
project or activity requiring a permit issued by the commission
under the TPDES.
(4) "TPDES-related stormwater professional" means a
person who engages in TPDES-related stormwater activity and is
required to be licensed under Subsection (b).
(b) A person who engages in a TPDES-related stormwater
activity must hold a license issued by the commission under Chapter
37.
(c) The commission shall appoint a TPDES-related stormwater
professionals advisory board to guide, advise, and make
recommendations to the commission about matters related to
licensing of TPDES-related stormwater professionals. The advisory
board is composed of:
(1) five members who are licensed as TPDES-related
stormwater professionals, of whom at least four members must also
be licensed as professional engineers with experience in civil
engineering;
(2) two members who are active members of an
organization promoting environmental protection; and
(3) two members who are active members of an
organization promoting business interests.
(d) Section 2110.008, Government Code, does not apply to the
advisory board under Subsection (c).
SECTION 2. Section 37.002, Water Code, is amended to read as
follows:
Sec. 37.002. RULES. The commission shall adopt any rules
necessary to:
(1) establish occupational licenses and registrations
prescribed by Sections 26.0301, 26.3573, 26.452, [and] 26.456, and
26.457 of this code, Sections 341.033, 341.034, 361.027, and
366.071, Health and Safety Code, and Section 1903.251, Occupations
Code;
(2) establish classes and terms of occupational
licenses and registrations; and
(3) administer the provisions of this chapter and
other laws governing occupational licenses and registrations under
the commission's jurisdiction.
SECTION 3. Section 37.003, Water Code, is amended to read as
follows:
Sec. 37.003. LICENSE OR REGISTRATION REQUIRED. A person
may not engage in a business, occupation, or profession described
by Section 26.0301, 26.3573, 26.452, [or] 26.456, or 26.457 of this
code, Section 341.033, 341.034, 361.027, 366.014, or 366.071,
Health and Safety Code, or Section 1903.251, Occupations Code,
unless the person holds the appropriate license or registration
issued by the commission.
SECTION 4. (a) Not later than January 1, 2014, the Texas
Commission on Environmental Quality shall appoint the initial
members of the TPDES-related stormwater professionals advisory
board established under Section 26.457, Water Code, as added by
this Act. Notwithstanding Section 26.457(c)(1), Water Code, as
added by this Act, the initial members of the advisory board who are
appointed under that subdivision are not required to be licensed as
TPDES-related stormwater professionals but are required to be
licensed as professional engineers with experience related to the
implementation by this state of the national pollutant discharge
elimination system stormwater program.
(b) Not later than January 1, 2015, the Texas Commission on
Environmental Quality, in consultation with the TPDES-related
stormwater professionals advisory board established under Section
26.457, Water Code, as added by this Act, shall adopt the rules
required to implement the licensure of TPDES-related stormwater
professionals under Section 37.003, Water Code, as amended by this
Act.
(c) Notwithstanding Section 26.457, Water Code, as added by
this Act, a person employed as a TPDES-related stormwater
professional is not required to hold a license under Section
26.457, Water Code, as added by this Act, and is not subject to the
imposition of a penalty for not holding a license under that section
before January 1, 2016.
(d) The Texas Commission on Environmental Quality shall
administer the first examination for the licensure of TPDES-related
stormwater professionals under the rules adopted by Section 37.002,
Water Code, as amended by this Act, not later than June 1, 2015.
(e) The Texas Commission on Environmental Quality shall
publish the first roster of TPDES-related stormwater professionals
as required by Section 37.014, Water Code, not later than January 1,
2016.
SECTION 5. (a) Before June 1, 2015, the Texas Commission
on Environmental Quality shall issue a TPDES-related stormwater
professional license required by Section 26.457, Water Code, as
added by this Act, to a person if the person submits an application,
a fee, and any other materials required by the commission and:
(1) has at least three years of applicable experience
relating to the Texas pollutant discharge elimination system
stormwater program, including a minimum of two years in responsible
charge;
(2) holds a bachelor's or graduate degree from an
accredited college or university in a science or engineering field
relating to the Texas pollutant discharge elimination system
stormwater program;
(3) is a licensed professional engineer or a licensed
architect;
(4) has a high school diploma or its equivalent and has
seven years of applicable experience relating to the Texas
pollutant discharge elimination system stormwater program,
including a minimum of six years in responsible charge;
(5) holds an associate's degree from an accredited
college in a science or engineering field relating to the Texas
pollutant discharge elimination system stormwater program, and has
two years of related experience, including a minimum of one year in
responsible charge; or
(6) is a licensed geologist with two years of
applicable experience relating to the Texas pollutant discharge
elimination system stormwater program, including a minimum of one
year in responsible charge.
(b) A license issued under this section is valid for two
years and may be renewed in the same manner as a license issued to a
person under the rules adopted by Section 37.002, Water Code, as
amended by this Act.
SECTION 6. This Act takes effect September 1, 2013.