Texas 2013 - 83rd Regular

Texas Senate Bill SB1387 Compare Versions

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1	1	By: Carona S.B. No. 1387
2	2	(Miller of Comal)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to water well drillers and pump installers; changing fees.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1901.001, Occupations Code, is amended
10	10	by adding Subdivision (13-a) and amending Subdivision (16) to read
11	11	as follows:
12	12	(13-a) "Third-party inspector" means a qualified
13	13	employee of a state agency with jurisdiction over wells, or a
14	14	qualified employee of a groundwater conservation district, who
15	15	assists the department with enforcement activities.
16	16	(16) "Well" means a water well, injection well,
17	17	dewatering well, closed-loop geothermal well, or monitoring well.
18	18	SECTION 2. Subchapter B, Chapter 1901, Occupations Code, is
19	19	amended by adding Section 1901.056 to read as follows:
20	20	Sec. 1901.056. REGIONAL WELL INSPECTION PROGRAM. (a) The
21	21	commission by rule shall establish a regional well inspection
22	22	program using third-party inspectors.
23	23	(b) Rules adopted under Subsection (a) shall establish:
24	24	(1) training requirements for a third-party
25	25	inspector;
26	26	(2) registration procedures for a third-party
27	27	inspector; and
28	28	(3) policies governing the acts of a third-party
29	29	inspector in conducting an inspection or investigation.
30	30	SECTION 3. Section 1901.152, Occupations Code, is amended
31	31	to read as follows:
32	32	Sec. 1901.152. LICENSE APPLICATION[; EXAMINATION FEE].
33	33	[(a)] An applicant [application] for a license must submit to the
34	34	department [contain]:
35	35	(1) an application that includes:
36	36	(A) the applicant's name;
37	37	(B) [(2)] the applicant's business address;
38	38	(C) [(3)] the applicant's permanent mailing
39	39	address; and
40	40	(D) [(4)] any other relevant information
41	41	required by the department; and[.]
42	42	(2) [(b) An applicant must pay to the department] an
43	43	application [examination] fee [at the time the application is
44	44	submitted].
45	45	SECTION 4. Subchapter D, Chapter 1901, Occupations Code, is
46	46	amended by adding Section 1901.153 to read as follows:
47	47	Sec. 1901.153. APPRENTICE DRILLER PROGRAM. The commission
48	48	by rule shall establish an apprentice driller program.
49	49	SECTION 5. Subsection (a), Section 1901.201, Occupations
50	50	Code, is amended to read as follows:
51	51	(a) The department shall offer examinations for a license
52	52	under this chapter [at least once each year].
53	53	SECTION 6. Subsection (a), Section 1901.251, Occupations
54	54	Code, is amended to read as follows:
55	55	(a) Each driller who drills, deepens, or otherwise alters a
56	56	[water] well in this state shall make and keep a legible and
57	57	accurate well log in accordance with rules adopted by the
58	58	commission and on forms prescribed by the executive director. The
59	59	well log shall be recorded at the time of drilling, deepening, or
60	60	otherwise altering the well and must contain:
61	61	(1) the depth, thickness, and character of the strata
62	62	penetrated;
63	63	(2) the location of water-bearing strata;
64	64	(3) the depth, size, and character of casing
65	65	installed; and
66	66	(4) any other information required by rules adopted by
67	67	the commission.
68	68	SECTION 7. Subchapter I, Chapter 1901, Occupations Code, is
69	69	amended by adding Section 1901.405 to read as follows:
70	70	Sec. 1901.405. THIRD-PARTY INSPECTORS; ENFORCEMENT. The
71	71	department may contract with a third-party inspector to assist in
72	72	the enforcement of this chapter or a rule adopted under this
73	73	chapter, including rules governing the performance of inspections
74	74	and the conduct of investigations.
75	75	SECTION 8. Section 1902.001, Occupations Code, is amended
76	76	by adding Subdivision (8-a) to read as follows:
77	77	(8-a) "Third-party inspector" means a qualified
78	78	employee of a state agency with jurisdiction over wells, or a
79	79	qualified employee of a groundwater conservation district, who
80	80	assists the department with enforcement activities.
81	81	SECTION 9. Section 1902.152, Occupations Code, is amended
82	82	to read as follows:
83	83	Sec. 1902.152. LICENSE APPLICATION[; EXAMINATION FEE].
84	84	[(a)] An applicant [application] for a license must submit to the
85	85	department [contain]:
86	86	(1) an application that includes:
87	87	(A) the applicant's name;
88	88	(B) [(2)] the applicant's business address;
89	89	(C) [(3)] the applicant's permanent mailing
90	90	address; and
91	91	(D) [(4)] any other information required by the
92	92	department; and[.]
93	93	(2) [(b) An applicant must pay to the department] an
94	94	application [examination] fee [at the time the application is
95	95	submitted].
96	96	SECTION 10. Subchapter D, Chapter 1902, Occupations Code,
97	97	is amended by adding Section 1902.153 to read as follows:
98	98	Sec. 1902.153. APPRENTICE PUMP INSTALLER PROGRAM. The
99	99	commission by rule shall establish an apprentice pump installer
100	100	program.
101	101	SECTION 11. Subsection (a), Section 1902.201, Occupations
102	102	Code, is amended to read as follows:
103	103	(a) The department shall offer examinations for a license
104	104	under this chapter [at least once each month].
105	105	SECTION 12. Subchapter I, Chapter 1902, Occupations Code,
106	106	is amended by adding Section 1902.405 to read as follows:
107	107	Sec. 1902.405 THIRD-PARTY INSPECTORS; ENFORCEMENT. The
108	108	department may contract with a third-party inspector to assist in
109	109	the enforcement of this chapter or a rule adopted under this
110	110	chapter, including rules governing the performance of inspections
111	111	and the conduct of investigations.
112	112	SECTION 13. The following provisions of the Occupations
113	113	Code are repealed:
114	114	(1) Subsection (b), Section 1901.201; and
115	115	(2) Subsection (b), Section 1902.201.
116	116	SECTION 14. Not later than April 1, 2014, the Texas
117	117	Commission of Licensing and Regulation shall adopt rules to
118	118	implement the changes in law made by this Act to Chapters 1901 and
119	119	1902, Occupations Code.
120	120	SECTION 15. This Act takes effect September 1, 2013.