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  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.