By: Carona S.B. No. 1387
(Miller of Comal)
A BILL TO BE ENTITLED
AN ACT
relating to water well drillers and pump installers; changing 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, or a
qualified employee of a groundwater conservation district, 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 1901.056 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 3. 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 4. Subchapter D, Chapter 1901, Occupations Code, is
amended by adding Section 1901.153 to read as follows:
Sec. 1901.153. APPRENTICE DRILLER PROGRAM. The commission
by rule shall establish an apprentice driller program.
SECTION 5. Subsection (a), Section 1901.201, Occupations
Code, is amended to read as follows:
(a) The department shall offer examinations for a license
under this chapter [at least once each year].
SECTION 6. Subsection (a), Section 1901.251, 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 7. 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 8. Section 1902.001, Occupations Code, is amended
by adding Subdivision (8-a) to read as follows:
(8-a) "Third-party inspector" means a qualified
employee of a state agency with jurisdiction over wells, or a
qualified employee of a groundwater conservation district, who
assists the department with enforcement activities.
SECTION 9. 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 10. Subchapter D, Chapter 1902, Occupations Code,
is amended by adding Section 1902.153 to read as follows:
Sec. 1902.153. APPRENTICE PUMP INSTALLER PROGRAM. The
commission by rule shall establish an apprentice pump installer
program.
SECTION 11. Subsection (a), Section 1902.201, Occupations
Code, is amended to read as follows:
(a) The department shall offer examinations for a license
under this chapter [at least once each month].
SECTION 12. Subchapter I, Chapter 1902, Occupations Code,
is amended by adding Section 1902.405 to read as follows:
Sec. 1902.405 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 13. The following provisions of the Occupations
Code are repealed:
(1) Subsection (b), Section 1901.201; and
(2) Subsection (b), Section 1902.201.
SECTION 14. Not later than April 1, 2014, 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 15. This Act takes effect September 1, 2013.