Title OC, Occupations Code

Sec. 1901.052. RULES. (a) The commission shall adopt rules as necessary to enforce this chapter, including rules governing: (1) license applications; (2) qualifications of applicants; (3) standards of conduct for drillers, including standards for marking well drilling rigs and eq…

Sec. 1901.053. 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 cha…

Sec. 1901.055. 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, …

Sec. 1901.101. BOARD MEMBERSHIP. (a) The Texas Water Well Drillers Advisory Board consists of nine members appointed by the presiding officer of the commission, with the commission's approval, as follows: (1) six members who are drillers experienced in the well drilling business …

Sec. 1901.102. ELIGIBILITY OF MEMBERS. (a) A person is not eligible to serve as a member under Section 1901.101(a)(1) if: (1) the person is employed by or owns an interest in a company, firm, or business association engaged in any phase of the well drilling business; and (2) a me…

Sec. 1901.103. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) An officer, employee, or paid consultant of a trade association in the well drilling industry may not be a board member or an employee of the department connected with the administration of this chapter. (b) A board member …

Sec. 1901.104. TERMS. Board members serve staggered six-year terms. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. Amended by: Acts 2025, 89th Leg., R.S., Ch. 871 (S.B. 2075), Sec. 43, eff. September 1, 2025.

Sec. 1901.105. PRESIDING OFFICER. The presiding officer of the commission, with the commission's approval, shall appoint a member of the board to serve as presiding officer of the board for two years. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. Amended by …

Sec. 1901.107. MEETINGS; QUORUM. (a) The board shall conduct meetings in compliance with Chapter 551, Government Code. (b) A majority of the board constitutes a quorum. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. Amended by: Acts 2021, 87th Leg., R.S., Ch.…

Sec. 1901.108. REIMBURSEMENT. A board member may be reimbursed for travel expenses, including expenses for meals and lodging. A member is entitled to reimbursement for transportation expenses as prescribed by the General Appropriations Act. Added by Acts 2001, 77th Leg., ch. 1421…

Sec. 1901.109. BOARD POWERS AND DUTIES. (a) The board may propose rules for adoption by the commission relating to the regulation of drillers registered under this chapter. (b) The board shall advise the department on the contents of licensing examinations. (c) The board may: (1)…

Sec. 1901.151. LICENSE REQUIRED. A person may not act or offer to act as a driller unless the person holds a license issued by the executive director under this chapter and rules adopted under this chapter. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. Amend…

Sec. 1901.152. LICENSE APPLICATION. An applicant for a license must submit to the department: (1) an application that includes: (A) the applicant's name; (B) the applicant's business address; (C) the applicant's permanent mailing address; and (D) any other relevant information re…

Sec. 1901.153. APPRENTICE DRILLER PROGRAM. The commission by rule shall establish an apprentice driller program. Added by Acts 2015, 84th Leg., R.S., Ch. 1013 (H.B. 930), Sec. 2, eff. September 1, 2015.

Sec. 1901.154. 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. 1901.155. LICENSE EXPIRATION. A license issued under this chapter is valid for one or two years as determined by commission rule. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 19.017(3), eff. Sept. 1, 2003;…

Sec. 1901.158. 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. 1901.159. 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. 1901.161. EXEMPTION: DEWATERING WELL. The licensing requirements of this subchapter do not apply to a person who drills, bores, cores, or constructs a dewatering well or system to remove water for the purpose of constructing a highway, road, bridge, drainage, or underground …

Sec. 1901.162. 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 20…

Sec. 1901.201. EXAMINATION. The department may prepare, recognize, administer, or arrange for the administration of an examination required under this chapter. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1013 (H.…

Sec. 1901.202. CONTENTS OF EXAMINATION. (a) The department shall ensure that examinations are designed to disqualify a person who lacks the necessary knowledge of drilling, of completion and plugging methods and techniques, and of groundwater formations to the extent that drillin…

Sec. 1901.206. REEXAMINATION. A person who fails an examination may apply to take a subsequent examination on payment of the examination fee. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. SUBCHAPTER F. PRACTICE BY LICENSE HOLDER

Sec. 1901.251. WELL LOG. (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 sha…

Sec. 1901.252. MARKING RIG. (a) A driller shall legibly mark the license number that appears on the driller's license on each rig used by the driller or the driller's employees in the well drilling business. (b) The commission shall adopt rules specifying the manner for marking a…

Sec. 1901.253. COMPLETING WATER WELL. A driller shall complete a 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. 19.011, eff. Sept. 1, 2003.

Sec. 1901.254. NOTICE REGARDING INJURIOUS WATER; PLUGGING, REPAIR, OR COMPLETION OF WELL. (a) A driller shall notify the department and the landowner or person having a well drilled on encountering water injurious to vegetation, land, or other water and determining that the well …

Sec. 1901.255. PLUGGING WATER WELL. (a) In this section: (1) "Abandoned well" means a well that is not in use. A well is considered to be in use if: (A) the well is not a deteriorated well and contains the casing, pump, and pump column in good condition; (B) the well is not a det…

Sec. 1901.256. ENFORCEMENT BY GROUNDWATER CONSERVATION DISTRICT. (a) This section applies only to a violation related to a well located in the boundaries of the groundwater conservation district seeking to bring an action under this section. (b) A groundwater conservation distric…

Sec. 1901.257. MEMORANDUM OF UNDERSTANDING REGARDING ABANDONED WELLS. (a) In this section, "abandoned well" and "deteriorated well" have the meanings assigned by Section 1901.255. (b) The Texas Commission on Environmental Quality and the department shall by rule adopt or revise a…

Sec. 1901.301. GROUNDS FOR DISCIPLINARY ACTION. The commission may discipline a person under Section 51.353 for a violation of this chapter or a rule adopted under this chapter, including: (1) an intentional misstatement or misrepresentation of a fact on an application or well lo…

Sec. 1901.401. 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,…

Sec. 1901.402. 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…

Sec. 1901.403. 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…

Sec. 1901.404. ACTION BY ATTORNEY GENERAL. (a) On request, the attorney general shall represent the department in an action under Section 1901.402. (b) At the request of the executive director, the attorney general shall bring an action in the name of the state for injunctive rel…