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AN ACT
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relating to the certification of water treatment specialists. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 341, Health and Safety |
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Code, is transferred to Subtitle A, Title 12, Occupations Code, |
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redesignated as Chapter 1904, Occupations Code, and amended to read |
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as follows: |
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CHAPTER 1904. WATER TREATMENT SPECIALISTS |
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SUBCHAPTER A. GENERAL PROVISIONS [G.
CERTIFICATION OF WATER
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TREATMENT SPECIALISTS] |
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Sec. 1904.001 [341.101]. DEFINITIONS. In this chapter |
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[subchapter]: |
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(1) "Commission" means the Texas Natural Resource |
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Conservation Commission. |
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(2) "Installation of water treatment appliances" |
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includes connecting the appliances to all necessary utility |
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connections in residential, commercial, or industrial facilities. |
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(3) "Water treatment" means a business conducted under |
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contract that requires experience in the analysis of water, |
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including the ability to determine how to treat influent and |
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effluent water, to alter or purify water, and to add or remove a |
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mineral, chemical, or bacterial content or substance. The term |
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also includes the installation and service of potable water |
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treatment equipment in public or private water systems and making |
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connections necessary to complete installation of a water treatment |
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system. |
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(4) "Water treatment equipment" includes appliances |
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used to alter or purify water or to alter a mineral, chemical, or |
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bacterial content or substance. |
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[Sections 1904.002-1904.050 reserved for expansion] |
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SUBCHAPTER B. CERTIFICATION REQUIREMENTS |
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Sec. 1904.051 [341.102]. WATER TREATMENT SPECIALIST |
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CERTIFICATION PROGRAM. (a) The commission by rule shall establish |
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a program to certify persons qualified to install, exchange, |
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service, and repair residential, commercial, or industrial water |
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treatment equipment and appliances. |
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(b) The rules must establish: |
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(1) standards for certification to ensure the public |
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health and to protect the public from unqualified persons engaging |
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in activities relating to water treatment; |
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(2) classes of certification; |
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(3) duration of certification; and |
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(4) reasonable annual certification fees in an amount |
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sufficient to pay the administrative costs of the certification |
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program, but not to exceed $150 a year for any class of |
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certification. |
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Sec. 1904.052 [341.103]. CERTIFICATION REQUIRED. A person |
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may not engage in water treatment unless the person first obtains a |
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certificate from the commission under the program established under |
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this chapter [subchapter]. |
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Sec. 1904.053 [341.104]. APPLICATION FOR CERTIFICATION. A |
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person desiring to obtain certification under the program |
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established under this chapter [subchapter] shall file with the |
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commission: |
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(1) an application in the form prescribed by the |
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commission and containing the information required by the |
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commission; and |
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(2) the appropriate certification fee. |
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Sec. 1904.054 [341.105]. ISSUANCE OF CERTIFICATE. (a) On |
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receipt of an application that meets commission requirements and |
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the required fee, the commission shall issue to a person who meets |
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commission standards for certification a certificate stating that |
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the person is qualified to install, exchange, service, and repair |
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residential, commercial, or industrial water treatment facilities. |
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(b) All fees received by the commission under this section |
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shall be deposited in the State Treasury to the credit of the |
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General Revenue Fund. |
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Sec. 1904.055. EXEMPTIONS. (a) [(c)] A person who holds a |
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license under Chapter 1301[, Occupations Code,] is exempt from the |
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requirements of this chapter [subchapter]. |
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(b) [(d)] This chapter [subchapter] does not apply to an |
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employee of an industrial facility installing or servicing water |
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treatment equipment. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3017 was passed by the House on May 4, |
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2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3017 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |