Office of House Bill AnalysisH.B. 3111
By: Zbranek
Natural Resources


Under previous law, the Texas Natural Resource Conservation Commission
(TNRCC) operated twelve separate programs for licensing and registration of
members of various organizations.  These programs were authorized at
different times in the past, operated by the predecessor agencies that were
consolidated to create TNRCC and included different procedural and
administrative requirements of the various programs.  House Bill 3111
establishes and consolidates consistent administrative requirements and
procedures for all regulated occupations, enacts provisions consistent with
recommendations of the Sunset Advisory Commission for licensing programs,
and removes outdated and inconsistent statutory provisions. 


It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Natural Resource Conservation
Commission in SECTION 1 (Sections 37.001 and 37.005, Water Code) of this


House Bill 3111 amends the Water and Health and Safety codes to establish a
uniform process for administering and enforcing occupational licenses and
registrations under the Texas Natural Resource Conservation Commission's
(TNRCC) jurisdiction.  The bill amends the Water Code to require TNRCC, by
rule, to establish occupational licenses consistent with statutory
requirements, to establish classes and terms of licenses and registrations,
and to administer these provisions and other laws governing occupational
licenses and registrations under TNRCC's jurisdiction (Sec. 37.001).  TNRCC
is authorized to establish qualifications for each occupational license or
registration under its jurisdiction (Sec. 37.003). The bill requires TNRCC
to establish requirements for issuing licenses and registrations and sets
forth conditions under which TNRCC is authorized to deny a license or
registration (Sec. 37.004).  The bill sets forth requirements and uniform
procedures for renewing licenses and registrations that TNRCC is required
to establish.  TNRCC is authorized, by rule, to adopt a system under which
licenses or registrations expire on various dates during the year (Sec.

TNRCC is required to prescribe the content of licensing examinations to be
based on laws, rules, job duties, and standards relating to licenses and
classes of licenses issued by TNRCC.  TNRCC is required to determine the
location and frequency of the examinations.  Not later than the 45th day
after the date a person takes a licensing examination, TNRCC is required to
notify the person of the results of the examination.  If requested in
writing by a person who fails a licensing examination, TNRCC is required
within a reasonable time period to furnish the person with an analysis of
the person's performance on the examination.  TNRCC is required to ensure
that an otherwise qualified individual that has a physical, mental, or
developmental disability be provided with reasonable opportunity to take a
licensing examination (Sec. 37.006). 

The bill sets forth provisions requiring TNRCC to establish and approve
training programs necessary to qualify for or renew a license (Sec.
37.007).  The bill requires TNRCC to establish and collect fees to cover
the cost of administering and enforcing provisions and to deposit the fees
to the credit of the  occupational licensing account in the general revenue
fund (Sec. 37.008).  The bill sets forth provisions to prohibit TNRCC from
adopting rules restricting advertising or competitive bidding by a license
or registration holder, except to prohibit false, misleading, or deceptive
practices (Sec. 37.009).  TNRCC is required to prepare and make available
to the public information describing the procedures by which a person may
submit licensing and registration complaints to TNRCC (Sec. 37.010).  TNRCC
is authorized to require a person to provide certain information about
other occupational licenses and registrations (Sec. 37.011).  The bill
prohibits certain persons from engaging in certain businesses, occupations,
or professions unless the person holds the appropriate license or
registration (Sec. 37.012).  TNRCC is required to maintain and make
available to the public, an official roster of persons who hold licenses
and registrations (Sec. 37.013).  TNRCC is authorized to contract with
persons to provide services and to authorize contractors to collect
reasonable fees for the services provided (Sec. 37.014).  The bill sets
forth violations of these provisions and prohibits the penalty from
exceeding $2,500 a day for each violation (Secs. 7.052 and 7.102). 

The bill amends the Water and Health and Safety codes to set forth license
and registration requirements for persons: 

 _performing process control activities at a sewage treatment facility or
supervising the maintenance of a sewage collection system;  

 _offering to install, repair, or remove, an underground storage tank;
 _selling, designing, installing, altering, repairing, or servicing an
irrigation system; 

_performing process control duties in production or distribution of
drinking water for a public water system;  

_supervising solid waste facilities; and 

_constructing, installing, repairing, or extending an on-site sewage
disposal system (Secs. 26.0301, 26.452, 26.456, and 34.002, Water Code and
Secs. 341.033, 341.034, 361.027, and 366.071, Health and Safety Code).   

The bill sets forth licensing and registration and exemptions for landscape
irrigators, for persons assisting a licensed person, and for owners of
businesses employing licensed individuals (Secs. 34.002 and 34.006, Water

The bill authorizes TNRCC to implement a program to register persons who
contract with an owner or operator of an underground storage tank or an
above ground storage tank, or with any person, and sets forth provisions
relating to such a program (Sec. 26.3573, Water Code).  TNRCC is required
to appoint an advisory council for the purpose of providing advice to TNRCC
and staff concerning matters relating to landscape irrigation (Sec. 34.003,
Water Code). 

The bill repeals provisions requiring the Texas Department of Health to
issue a qualified person a certificate stating that the person is qualified
for the installation, exchange, servicing, and repair of residential water
treatment facilities. 

The bill also repeals provisions that are inconsistent and unnecessary with
this Act (SECTIONS 19, 20, 21). 


September 1, 2001.