Texas 2015 - 84th Regular

Texas House Bill HB3837 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R16426 BEF-D
2	2	By: Lucio III H.B. No. 3837
3	3	Substitute the following for H.B. No. 3837:
4	4	By: Bonnen of Brazoria C.S.H.B. No. 3837
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the licensing and regulation of certain rainwater
10	10	harvesting; providing administrative penalties; authorizing fees;
11	11	requiring an occupational license.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Title 7, Agriculture Code, is amended by adding
14	14	Chapter 202 to read as follows:
15	15	CHAPTER 202. RAINWATER HARVESTING
16	16	SUBCHAPTER A. POWERS AND DUTIES OF DEPARTMENT
17	17	Sec. 202.001. RULES. The department shall adopt rules that
18	18	are reasonable and necessary for the performance of the
19	19	department's duties under this chapter, including rules to
20	20	establish:
21	21	(1) licensing and other fees;
22	22	(2) license renewal dates;
23	23	(3) procedures for disciplinary actions; and
24	24	(4) standards for the installation and maintenance of
25	25	rainwater harvesting equipment by a license holder.
26	26	Sec. 202.002. LICENSING AND REGULATORY DUTIES. The
27	27	department shall:
28	28	(1) review and approve or reject each application for
29	29	the issuance or renewal of a license;
30	30	(2) issue each license; and
31	31	(3) deny, suspend, or revoke a license or otherwise
32	32	discipline a license holder.
33	33	SUBCHAPTER B. RAINWATER HARVESTING LICENSE
34	34	Sec. 202.051. LICENSE REQUIRED. A person may not install or
35	35	maintain or offer to install or maintain, for compensation, a
36	36	rainwater harvesting system with a capacity of more than 500
37	37	gallons unless the person holds:
38	38	(1) a license under this chapter; or
39	39	(2) a master plumber or a journeyman plumber license
40	40	issued by the Texas State Board of Plumbing Examiners and holds a
41	41	water supply protection specialist endorsement issued by the board.
42	42	Sec. 202.052. ISSUANCE OF LICENSE. The department shall
43	43	issue a license to an applicant who:
44	44	(1) meets the eligibility requirements of Section
45	45	202.053;
46	46	(2) submits an application on a form prescribed by the
47	47	department; and
48	48	(3) pays the required application fee.
49	49	Sec. 202.053. ELIGIBILITY REQUIREMENTS. To be eligible for
50	50	a license under this chapter, an applicant must:
51	51	(1) successfully complete a rainwater harvesting
52	52	training program approved by the department; and
53	53	(2) pass an examination administered or approved by
54	54	the department.
55	55	Sec. 202.054. LICENSE TERM AND RENEWAL. (a) A license
56	56	issued under this chapter is valid for three years.
57	57	(b) A person who holds a license under this chapter may
58	58	renew the license by:
59	59	(1) paying the required renewal fee;
60	60	(2) submitting the appropriate form; and
61	61	(3) meeting any other requirement established by
62	62	department rule.
63	63	Sec. 202.055. CONTINUING EDUCATION REQUIREMENTS. The
64	64	department by rule shall adopt, monitor, and enforce a reporting
65	65	program for the continuing education of license holders. The
66	66	department shall adopt and administer rules that:
67	67	(1) establish the number of hours of continuing
68	68	education the department determines appropriate as a prerequisite
69	69	to the renewal of a license under this chapter; and
70	70	(2) adopt a process to assess a license holder's
71	71	participation in continuing education courses.
72	72	SUBCHAPTER C. PENALTIES AND ENFORCEMENT PROVISIONS
73	73	Sec. 202.101. LICENSE SUSPENSION OR REVOCATION. The
74	74	department may suspend or revoke a license if the license holder
75	75	violates this chapter or a rule adopted under this chapter.
76	76	Sec. 202.102. ADMINISTRATIVE PENALTY. A person who
77	77	violates this chapter or a rule or order adopted by the department
78	78	under this chapter is subject to an administrative penalty under
79	79	Section 12.020, regardless of whether the person holds a license
80	80	under this chapter.
81	81	SECTION 2. Section 12.020(c), Agriculture Code, is amended
82	82	to read as follows:
83	83	(c) The provisions of law subject to this section and the
84	84	applicable penalty amounts are as follows:
85	85	Provision Amount of Penalty Provision Amount of Penalty
86	86	Provision Amount of Penalty
87	87	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
88	88	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
89	89	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
90	90	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
91	91	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
92	92	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
93	93	[and] 134, and 202 not more than $5,000 [and] 134, and 202 not more than $5,000
94	94	[and] 134, and 202 not more than $5,000
95	95	Subchapters A, B, and C, Chapter 71 not more than $5,000 Subchapters A, B, and C, Chapter 71 not more than $5,000
96	96	Subchapters A, B, and C, Chapter 71 not more than $5,000
97	97	Chapter 14 not more than $10,000 Chapter 14 not more than $10,000
98	98	Chapter 14 not more than $10,000
99	99	Chapter 1951, Occupations Code not more than $5,000 Chapter 1951, Occupations Code not more than $5,000
100	100	Chapter 1951, Occupations Code not more than $5,000
101	101	Chapter 153, Natural Resources Chapter 153, Natural Resources
102	102	Chapter 153, Natural Resources
103	103	Code not more than $5,000. Code not more than $5,000.
104	104	Code not more than $5,000.
105	105	SECTION 3. Not later than March 1, 2016, the Department of
106	106	Agriculture shall adopt rules necessary to implement Chapter 202,
107	107	Agriculture Code, as added by this Act.
108	108	SECTION 4. (a) Except as provided by Subsection (b) of this
109	109	section, this Act takes effect September 1, 2015.
110	110	(b) Section 12.020(c), Agriculture Code, as amended by this
111	111	Act, and Sections 202.051 and 202.102, Agriculture Code, as added
112	112	by this Act, take effect September 1, 2016.
113	113
114	114	Provision Amount of Penalty
115	115
116	116	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
117	117
118	118	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
119	119
120	120	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
121	121
122	122	[and] 134, and 202 not more than $5,000
123	123
124	124	Subchapters A, B, and C, Chapter 71 not more than $5,000
125	125
126	126	Chapter 14 not more than $10,000
127	127
128	128	Chapter 1951, Occupations Code not more than $5,000
129	129
130	130	Chapter 153, Natural Resources
131	131
132	132	Code not more than $5,000.