HBA-CMT H.B. 66 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 66
By: Pitts
Natural Resources
7/7/26/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, there were administrative conflicts between
the licensing and complaint resolution processes in the Texas Department of
Licensing and Regulation's enabling statute in the Occupations Code, the
Administrative Procedure Act, and sections of the Water Code.  House Bill
66 aims to reduce redundant and duplicative language from certain sections
of the Water Code that pertain to water drillers. 

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. 

ANALYSIS

House Bill 66 amends the Water Code relating to the regulation of water
well drillers.  The bill provides that a license for water well drillers
expires annually instead of on August 31 of each year.  The bill requires
each licensee to pay an annual fee to the Texas Department of Licensing and
Regulation to renew the license on or before the license renewal day.  The
bill removes the provision that a member of the Texas water well drillers
advisory council is entitled to a per diem for each day the member engages
in the business of the council, but continues to allow a member of the
council to receive compensation for travel expenses, including expenses for
meals and lodging. 

H.B. 66 removes provisions regarding administrative procedures and the
assessment and collection of penalties for licensees.  The bill repeals
laws regarding: 

 _the 90-day residency requirement for license applicants;
 
 _procedures for revoking a license, placing a licensee on probation, or
reprimanding a licensee; 
 
 _requirements for notifying parties to disciplinary hearing of the
decisions, orders, findings, and conclusions of the Texas Department of
Licensing and Regulation (department); 
 
 _procedures for appeal of a ruling, order, or other act of the department;
and  
 
 _departmental procedures for handling complaints.

EFFECTIVE DATE

September 1, 2001.