CHAPTER 1902. WATER WELL PUMP INSTALLERS
OCCUPATIONS CODE
TITLE 12. PRACTICES AND TRADES RELATED TO WATER, HEALTH, AND
SAFETY
SUBTITLE A. OCCUPATIONS RELATED TO WATER
CHAPTER 1902. WATER WELL PUMP INSTALLERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1902.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission of Licensing and
Regulation.
(2) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 20.008(1);
Acts 2003, 78th Leg., ch. 1276, Sec. 14A.421.
(3) "Council" means the Texas Water Well Drillers Advisory
Council.
(4) "Department" means the Texas Department of Licensing and
Regulation.
(4-a) "Executive director" means the executive director of the
department.
(5) "Installer" means a person who installs or repairs well
pumps and equipment. The term does not include a person who:
(A) installs or repairs well pumps and equipment on the person's
own property for the person's own use; or
(B) assists in pump installation under the direct supervision of
an installer and is not primarily responsible for the
installation.
(6) "Person" means an individual, firm, partnership,
association, corporation, or other private legal entity.
(7) "Pollution" means a change to the physical, thermal,
chemical, or biological quality of water in a way that:
(A) makes the water harmful to humans, animals, vegetation, or
property; or
(B) impairs the public enjoyment of water for a reasonable
purpose.
(8) "Pump installation" means the procedures employed in the
placement and preparation for operation of equipment and
materials used to obtain water from a well, including:
(A) construction involved in making the well and establishing
seals and safeguards as necessary to protect the water from
contamination; and
(B) repairs to an existing pump.
(9) "Well" means a water well, injection well, dewatering well,
or monitoring well, as those terms are defined by Section
1901.001. The term does not include an injection water source
well regulated under Section 91.101, Natural Resources Code.
(10) "Well pumps and equipment" means equipment and materials
used to obtain water from a well, including the seals and
safeguards necessary to protect the water from contamination.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 20.001,
20.008(1), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276,
Sec. 14A.421(a), (b), eff. Sept. 1, 2003.
Sec. 1902.002. LIABILITY UNDER LAW. A person is not relieved
from liability under law by obtaining a license under this
chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
SUBCHAPTER B. ADMINISTRATION AND LICENSING PROGRAMS
Sec. 1902.051. LICENSING. (a) The department, with the advice
of the council, shall prepare licensing examinations.
(b) The department shall evaluate the qualifications of license
applicants.
(c) The executive director shall issue licenses to applicants
who qualify.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 20.002, eff.
Sept. 1, 2003.
Sec. 1902.052. RULES. (a) The commission shall adopt rules as
necessary to enforce this chapter.
(b) The commission may not adopt a rule under this chapter that:
(1) regulates the installation or repair of well pumps and
equipment by:
(A) a person on property the person owns or controls for the
person's own use;
(B) an employee of a person described by Paragraph (A); or
(C) a person who is not hired or compensated and who acts on
behalf of a person described by Paragraph (A); or
(2) requires a person who owns or controls property or possesses
a well to complete, repair, or retrofit the well to any standard
other than a standard in effect at the time the well was
originally completed unless the well is found to be a threat to
public health and safety or to water quality.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 20.003, eff.
Sept. 1, 2003.
Sec. 1902.053. WATER WELL DRILLERS ACCOUNT. (a) The department
shall deposit money collected under this chapter to the credit of
the water well drillers account in the general revenue fund.
Money deposited in that account under this section may be used
only to administer this chapter.
(b) The department shall allocate not more than 20 percent of
the money in the account to cover the department's administrative
costs.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1902.054. REGISTER OF LICENSE HOLDERS. The department
shall maintain a current register of license holders.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1902.055. TRANSFER OF FUNCTIONS. If the functions
necessary to the proper implementation of duties under this
chapter are transferred to another entity, the powers and duties
under this chapter are transferred to that entity.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
SUBCHAPTER D. LICENSE REQUIREMENTS
Sec. 1902.151. LICENSE REQUIRED. A person may not act or offer
to act as an installer unless the person holds a license issued
by the executive director under rules adopted under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.060, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.423, eff.
Sept. 1, 2003.
Sec. 1902.152. LICENSE APPLICATION; EXAMINATION FEE. (a) An
application for a license must contain:
(1) the applicant's name;
(2) the applicant's business address;
(3) the applicant's permanent mailing address; and
(4) any other information required by the department.
(b) An applicant must pay to the department an examination fee
at the time the application is submitted.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 20.004, eff.
Sept. 1, 2003.
Sec. 1902.154. LICENSE FEE. A person who qualifies for a
license must pay to the department the license fee set by the
commission.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1902.155. LICENSE EXPIRATION; RENEWAL. (a) A license
issued under this chapter expires annually. On or before the
license expiration date, a license holder must pay an annual
renewal fee to the department.
(b) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 20.008(3).
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 20.008(3),
eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec.
14A.424(a), eff. Sept. 1, 2003.
Sec. 1902.158. LICENSE NOT TRANSFERABLE. A license is not
transferable or assignable.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1902.159. REPLACEMENT OF LOST OR DESTROYED LICENSE. On
application and payment of a fee, the department shall issue a
duplicate license to replace a lost or destroyed license.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1902.161. EXEMPTION: DEWATERING WELL PUMPS AND EQUIPMENT.
The licensing requirements of this subchapter do not apply to a
person who installs or repairs well pumps and equipment to remove
water for the purpose of constructing a highway, road, bridge,
drainage, or underground utility project.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1902.162. WAIVER FOR APPLICANT LICENSED IN ANOTHER STATE.
The commission may adopt rules allowing waiver of a license
requirement for an applicant who is licensed in another state
that has license requirements substantially equivalent to those
of this state.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 20.005, eff.
Sept. 1, 2003.
SUBCHAPTER E. EXAMINATION
Sec. 1902.201. FREQUENCY OF EXAMINATION. (a) The department
shall offer examinations at least once each month.
(b) The department shall offer examinations more frequently if
more than 10 persons petition for an additional examination.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1902.202. CONTENTS OF EXAMINATION. The department shall
design written examinations to disqualify a person who lacks the
knowledge of pump installation to the extent that pump
installation by the person would create a serious risk of
polluting fresh water.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1902.203. GRADING OF EXAMINATION. The department shall
administer examinations so that a person grading an examination
does not know the identity of the person taking the examination.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
SUBCHAPTER F. PRACTICE BY LICENSE HOLDER
Sec. 1902.251. INSTALLING AND REPAIRING PUMPS. An installer
shall install or repair pumps under standards and procedures
adopted by the commission with the advice of the council.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 20.006, eff.
Sept. 1, 2003.
Sec. 1902.252. NOTICE REGARDING INJURIOUS WATER; REPAIR OR
COMPLETION OF WELL. (a) An installer shall notify the
department and the landowner or person having a pump installed or
repaired on encountering water injurious to vegetation, land, or
other water.
(b) To avoid injury or pollution, the installer shall repair or
properly complete the well under standards and procedures adopted
by the commission.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 20.007, eff.
Sept. 1, 2003.
Sec. 1902.253. NOTICE REGARDING ABANDONED OR DETERIORATED WELL.
An installer who knows of an abandoned or deteriorated well as
defined by Section 1901.255 shall notify the landowner or person
who possesses the well that the well must be plugged or capped to
avoid injury or pollution.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
SUBCHAPTER I. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
Sec. 1902.401. CIVIL PENALTY. A person who violates this
chapter or a rule adopted under this chapter is subject to a
civil penalty of not less than $200 or more than $1,000 for each
day of noncompliance or each act of noncompliance as determined
by the court.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 1902.402. INJUNCTION AND OTHER ENFORCEMENT PROVISIONS. (a)
The executive director may bring an action to enjoin a person
from violating this chapter.
(b) The executive director may enforce by injunction or other
appropriate remedy in a court any rule, decision, determination,
or order adopted or entered under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.061, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.431, eff.
Sept. 1, 2003.
Sec. 1902.403. VENUE. The executive director may bring an
action in:
(1) Travis County; or
(2) the county in which:
(A) the offending activity occurred; or
(B) the person engaging in the activity resides.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.062, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.431, eff.
Sept. 1, 2003.
Sec. 1902.404. ACTION BY ATTORNEY GENERAL. (a) On request, the
attorney general shall represent the department in an action
under Section 1902.402.
(b) At the request of the executive director, the attorney
general shall bring an action in the name of the state for
injunctive relief, to recover a civil penalty, or for both
injunctive relief and a civil penalty, as authorized by this
subchapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.063, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.432, eff.
Sept. 1, 2003.