83R10735 SLB-F
By: Carona S.B. No. 1387
A BILL TO BE ENTITLED
AN ACT
relating to water well drillers and pump installers; authorizing
fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1901.001, Occupations Code, is amended
by adding Subdivision (13-a) and amending Subdivision (16) to read
as follows:
(13-a) "Third-party inspector" means a qualified
employee of a state agency with jurisdiction over wells who assists
the department with enforcement activities.
(16) "Well" means a water well, injection well,
dewatering well, closed-loop geothermal well, or monitoring well.
SECTION 2. Subchapter B, Chapter 1901, Occupations Code, is
amended by adding Section 1901.0531 to read as follows:
Sec. 1901.0531. DRILLER AND PUMP INSTALLER TRAINING AND
ENFORCEMENT ACCOUNT. (a) The driller and pump installer training
and enforcement account is an account in the general revenue fund.
Administrative penalties collected under Subchapter F, Chapter 51,
for a violation of this chapter or a rule adopted under this chapter
shall be deposited to the credit of the account.
(b) Funds in the account may be appropriated only to the
department for:
(1) promoting consumer awareness of this chapter and
Chapter 1902 and rules adopted under this chapter and Chapter 1902;
and
(2) supporting educational seminars, training
activities, or other projects designed to benefit the department's
ability to administer this chapter and Chapter 1902.
(b) The department may solicit and accept gifts, grants, and
other donations from any source for deposit into the account.
(c) The account is exempt from the application of Section
403.095, Government Code.
SECTION 3. Subchapter B, Chapter 1901, Occupations Code, is
amended by adding Section 1901.056 to read as follows:
Sec. 1901.056. REGIONAL WELL INSPECTION PROGRAM. (a) The
commission by rule shall establish a regional well inspection
program using third-party inspectors.
(b) Rules adopted under Subsection (a) shall establish:
(1) training requirements for a third-party
inspector;
(2) registration procedures for a third-party
inspector; and
(3) policies governing the acts of a third-party
inspector in conducting an inspection or investigation.
SECTION 4. Section 1901.151, Occupations Code, is amended
to read as follows:
Sec. 1901.151. LICENSE REQUIRED. A person may not act or
offer to act as a driller unless the person holds the appropriate
[a] license issued by the executive director under this chapter and
rules adopted under this chapter.
SECTION 5. Section 1901.152, Occupations Code, is amended
to read as follows:
Sec. 1901.152. 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 relevant 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].
SECTION 6. Subchapter D, Chapter 1901, Occupations Code, is
amended by adding Sections 1901.153, 1901.1531, 1901.1532, and
1901.1533 to read as follows:
Sec. 1901.153. MASTER DRILLER. An applicant for a master
driller license must:
(1) pass an examination covering:
(A) water wells;
(B) injection wells;
(C) dewatering wells;
(D) monitoring wells; and
(E) closed-loop geothermal wells; and
(2) complete other requirements, including an
experience requirement, as determined by commission rule.
Sec. 1901.1531. LICENSE WITH SPECIALTY ENDORSEMENT. (a)
An applicant for a license other than a master driller license must:
(1) apply for a license with one or more specialty
endorsements described by Subsection (b);
(2) pass an examination for each endorsement for which
the applicant has applied; and
(3) satisfy other requirements as determined by
commission rule.
(b) The commission shall establish specialty endorsements
for:
(1) water wells;
(2) injection wells;
(3) dewatering wells;
(4) monitoring wells; and
(5) closed-loop geothermal wells.
Sec. 1901.1532. JOURNEYMAN DRILLER. An applicant for a
journeyman driller license must:
(1) pass an examination; and
(2) satisfy other requirements as determined by the
commission.
Sec. 1901.1533. APPRENTICE DRILLER. The commission by rule
shall set the fee for, establish the qualifications for, and
provide for the issuance of an apprentice driller license.
SECTION 7. Section 1901.201(a), Occupations Code, is
amended to read as follows:
(a) The department shall offer examinations for each
license and endorsement at least once each year.
SECTION 8. Section 1901.251(a), Occupations Code, is
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.
SECTION 9. Section 1901.255(d), Occupations Code, is
amended to read as follows:
(d) Not later than the 60th [30th] day after the date the
well is plugged, a driller, licensed pump installer, or well owner
who plugs an abandoned or deteriorated well shall submit a plugging
report to:
(1) the board of directors of the groundwater
conservation district in which the well is located, if the well is
located in the boundaries of a groundwater conservation district;
and
(2) the executive director.
SECTION 10. Subchapter I, Chapter 1901, Occupations Code,
is amended by adding Section 1901.405 to read as follows:
Sec. 1901.405. THIRD-PARTY INSPECTORS; ENFORCEMENT. The
department may contract with a third-party inspector 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.
SECTION 11. Subchapter B, Chapter 1902, Occupations Code,
is amended by adding Section 1902.0531 to read as follows:
Sec. 1902.0531. DEPOSIT OF ADMINISTRATIVE PENALTIES IN
DRILLER AND PUMP INSTALLER TRAINING AND ENFORCEMENT ACCOUNT.
Administrative penalties collected under Subchapter F, Chapter 51,
for a violation of this chapter or a rule adopted under this chapter
shall be deposited to the credit of the driller and pump installer
training and enforcement account under Section 1901.0531.
SECTION 12. 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].
SECTION 13. Subchapter D, Chapter 1902, Occupations Code,
is amended by adding Sections 1902.153, 1902.1531, and 1902.1532 to
read as follows:
Sec. 1902.153. MASTER PUMP INSTALLER. An applicant for a
master pump installer license must:
(1) pass an examination covering:
(A) windmills, hand pumps, and pump jacks; and
(B) single-phase and three-phase pumps and
line-shaft turbine pumps; and
(2) complete other requirements, including an
experience requirement, as determined by commission rule.
Sec. 1902.1531. LICENSE WITH SPECIALTY ENDORSEMENTS. (a)
An applicant for a license other than a master pump installer
license must:
(1) apply for a license with one or more specialty
endorsements described by Subsection (b);
(2) pass an examination for each endorsement for which
the applicant has applied; and
(3) satisfy other requirements as determined by
commission rule.
(b) The commission shall establish specialty endorsements
for:
(1) windmills, hand pumps, and pump jacks;
(2) single-phase pumps;
(3) three-phase pumps; and
(4) line-shaft turbine pumps.
Sec. 1902.1532. APPRENTICE PUMP INSTALLER. The commission
by rule shall set the fee for, establish the qualifications for, and
provide for the issuance of an apprentice pump installer license.
SECTION 14. Section 1902.201(a), Occupations Code, is
amended to read as follows:
(a) The department shall offer examinations for each
license and endorsement at least once each year [month].
SECTION 15. The following sections of the Occupations Code
are repealed:
(1) Section 1901.201(b); and
(2) Section 1902.201(b).
SECTION 16. (a) Not later than December 1, 2013, 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.
(b) A person is not required to hold a license or license
specialty endorsement as a master driller, journeyman driller,
apprentice driller, master pump installer, or apprentice pump
installer issued under Chapter 1901 or 1902, Occupations Code,
before June 1, 2014.
SECTION 17. This Act takes effect September 1, 2013.