HBA-NMO, RBT H.B. 3330 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3330
By: Walker
Natural Resources
8/10/1999
Enrolled



BACKGROUND AND PURPOSE 

H.B. 3330 modifies the grounds for water well driller license revocation,
suspension, and reprimand. This bill modifies the enforcement process and
allows administrative penalties for violations.  This bill also provides
that all money collected under this chapter is to be deposited to the water
well drillers account in the general revenue fund.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 32.002, Water Code, by adding Subsection (k), as
follows: 

(k) Provides that this section (License Required) does not apply to a
person who drills, bores, cores, or constructs a dewatering well or system
to remove water for the purposes of constructing a highway, road, bridge,
drainage, or underground utility project. 

SECTION 2.  Amends Section 32.010, Water Code, by adding Subsection (b), as
follows: 

(b) Provides that grounds for revocation, suspension, or reprimand of a
water well driller's license include intentionally misstating or
misrepresenting a fact on an application or well log or to a person for
whom a well is being drilled, deepened, or otherwise altered; failing to
keep and transmit well logs; failing to advise a person for whom a well is
being drilled of specified hazards, or failing to complete a well in
accordance with standards and procedures. 

SECTION 3.  Amends Section 32.011, Water Code, by adding Subsection (c), as
follows: 

(c) Authorizes the assessment of an administrative penalty only after the
person charged with a violation has been given an opportunity for a public
hearing. 

SECTION 4.  Amends Section 32.014(b), Water Code, as amended by Chapters
333 and 1077, Acts of the 75th Legislature, Regular Session, 1997, to
require that money collected under this chapter is to be deposited to the
credit of the water well drillers account, rather than the commission
occupational licensing account.  

SECTION 5.  Amends Section 32.012(b), Water Code, as amended by Chapters
333 and 1077, Acts of the 75th Legislature, Regular Session, 1997, to
require that money collected under this chapter is to be deposited to the
credit of the water well drillers account, rather than the commission
occupational licensing account.  

SECTION 6.  Amends Section 33.002, Water Code, by adding Subsection (j), as
follows: 

(j) Provides that this section (License Required) does not apply to a
person who installs or repairs well pumps and equipment to remove water for
the purposes of constructing a highway, road, bridge, drainage, or
underground utility project.  
 
SECTION 7.  Emergency clause.
  Effective date: upon passage.