84R3039 SRS-F
By: Miller of Comal H.B. No. 930
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 amending Subdivisions (7), (7-b), and (16) and adding
Subdivision (7-c) to read as follows:
(7) "Driller" means a water well driller, injection
well driller, dewatering well driller, closed-loop geothermal well
driller, or monitoring well driller.
(7-b) "Field operator" means a qualified employee of
one of the following entities that has a memorandum of
understanding with the department:
(A) a state agency with jurisdiction over wells;
(B) a municipality; or
(C) another political subdivision that assists
the department with enforcement activities.
(7-c) "Groundwater conservation district" means a
district to which Chapter 36, Water Code, applies.
(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. FIELD OPERATIONS PROGRAM. (a) The
commission by rule shall establish a field operations program using
field operators.
(b) Rules adopted under Subsection (a) must establish:
(1) training requirements for a field operator;
(2) registration procedures for a field operator;
(3) policies governing the acts of a field operator in
conducting an inspection or investigation; and
(4) policies governing the conditions under which a
field operator may enter private property for the purpose of
conducting an inspection.
(c) A field operator may enter private property, as provided
by commission rule, for the purpose of conducting an inspection.
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. Section 1901.201, Occupations Code, is amended
to read as follows:
Sec. 1901.201. [FREQUENCY OF] EXAMINATION. [(a)] The
department shall offer examinations for a license under this
chapter [at least once each year].
[(b) The department shall offer examinations more
frequently if more than 10 persons petition for an additional
examination.]
SECTION 6. Sections 1901.251(a) and (b), Occupations Code,
are 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.
(b) Not later than the 60th day after the date of the
completion or cessation of drilling, deepening, or otherwise
altering the well, the driller shall deliver, [or] send by first
class [certified] mail, or provide electronically a copy of the
well log to:
(1) the department;
(2) the Texas Commission on Environmental Quality
[Natural Resource Conservation Commission]; [and]
(3) the owner of the well or the person for whom the
well was drilled; and
(4) any groundwater conservation district in which the
well is located.
SECTION 7. Subchapter F, Chapter 1901, Occupations Code, is
amended by adding Section 1901.258 to read as follows:
Sec. 1901.258. CONVERSION OF OIL OR GAS WELL TO WATER WELL.
A driller shall supervise the recompletion, perforation, or
conversion of an oil or gas well to a water well. An oil or gas well
converted to a water well used by a public water system must meet
the requirements of the Texas Commission on Environmental Quality.
SECTION 8. Subchapter I, Chapter 1901, Occupations Code, is
amended by adding Section 1901.405 to read as follows:
Sec. 1901.405. FIELD OPERATORS; ENFORCEMENT. (a) The
department may enter into a memorandum of understanding with an
entity described by Subsection (b) 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.
(b) The department may enter into a memorandum of
understanding under Subsection (a) with:
(1) a state agency with jurisdiction over wells;
(2) a municipality; or
(3) another political subdivision that assists the
department with enforcement activities.
SECTION 9. Section 1902.001, Occupations Code, is amended
by adding Subdivision (4-b) to read as follows:
(4-b) "Field operator" means a qualified employee of
one of the following entities that has a memorandum of
understanding with the department:
(A) a state agency with jurisdiction over wells;
(B) a municipality; or
(C) another political subdivision that assists
the department with enforcement activities.
SECTION 10. 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 11. 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 12. Section 1902.201, Occupations Code, is amended
to read as follows:
Sec. 1902.201. [FREQUENCY OF] EXAMINATION. [(a)] The
department shall offer examinations for a license under this
chapter [at least once each month].
[(b) The department shall offer examinations more
frequently if more than 10 persons petition for an additional
examination.]
SECTION 13. Subchapter I, Chapter 1902, Occupations Code,
is amended by adding Section 1902.405 to read as follows:
Sec. 1902.405. FIELD OPERATORS; ENFORCEMENT. (a) The
department may enter into a memorandum of understanding with an
entity described by Subsection (b) 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.
(b) The department may enter into a memorandum of
understanding under Subsection (a) with:
(1) a state agency with jurisdiction over wells;
(2) a municipality; or
(3) another political subdivision that assists the
department with enforcement activities.
SECTION 14. Not later than December 1, 2015, 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. The Texas Commission of Licensing and
Regulation may not require a person to hold a license or license
specialty endorsement as an apprentice driller or apprentice pump
installer under Sections 1901.153 and 1902.153, Occupations Code,
as added by this Act, before June 1, 2016.
SECTION 16. This Act takes effect September 1, 2015.