Title OC, Occupations Code

Sec. 1806.052. FEES. The commission shall establish and collect reasonable and necessary fees in amounts sufficient to cover the costs of: (1) administering this chapter; and (2) any other activity or function necessary for effective regulation under this chapter. Added by Acts 2…

Sec. 1806.053. EDUCATIONAL MATERIALS. (a) The Public Utility Commission of Texas shall develop, in consultation with the department and the office of the attorney general, educational materials that inform consumers of the consumers' rights and remedies related to the purchase or…

Sec. 1806.101. REGISTRATION REQUIRED: SOLAR SALESPERSON. A person may not engage in residential solar retail for compensation unless the person: (1) engages in residential solar retail on behalf of a solar retailer; and (2) is registered as a solar salesperson under this chapter.…

Sec. 1806.102. REGISTRATION REQUIRED: SOLAR RETAILER. A person may not employ or otherwise contract for the services of an individual to engage in residential solar retail on behalf of the person unless the person is registered as a solar retailer. Added by Acts 2025, 89th Leg., …

Sec. 1806.103. ELIGIBILITY FOR REGISTRATION. (a) To be eligible for a registration under this chapter, a person must: (1) submit an application to the department; (2) pay any required fees; and (3) meet the eligibility requirements of this chapter and of rules adopted under this …

Sec. 1806.104. SOLAR RETAILER APPLICATION. An application to register as a solar retailer must include: (1) if the solar retailer is an entity, a list of each controlling person of the solar retailer; (2) the name and registration number of each solar salesperson who engages in r…

Sec. 1806.105. CRIMINAL HISTORY RECORD INFORMATION CHECK. The department may conduct a criminal history record information check of each applicant or, if applicable, any controlling person of an applicant for a registration under this chapter using information: (1) provided by th…

Sec. 1806.106. EXEMPTION FROM CONTINUING EDUCATION. Notwithstanding Section 51.405 or any other provision of this chapter, a solar retailer may not be required to complete continuing education to renew the solar retailer's registration under this chapter. Added by Acts 2025, 89th…

Sec. 1806.151. NOTICE TO DEPARTMENT OF SOLAR SALESPERSONS AUTHORIZED TO ENGAGE IN RESIDENTIAL SOLAR RETAIL. A solar retailer shall promptly notify the department in a manner prescribed by the department of: (1) each solar salesperson authorized to engage in residential solar reta…

Sec. 1806.152. SUPERVISION REQUIRED. (a) A solar retailer shall provide reasonable supervision to each solar salesperson authorized to engage in residential solar retail on behalf of the solar retailer, including making reasonable efforts to correct any violation of this chapter …

Sec. 1806.153. CODE OF CONDUCT; COMPLIANCE WITH OTHER LAW. A solar retailer and a solar salesperson shall comply with: (1) any code of conduct adopted by commission rule governing solar retailers or solar salespersons, as applicable; (2) Subchapter E, Chapter 17, Business & Comme…

Sec. 1806.154. REGISTRATION INFORMATION. (a) On request by the department or a person to whom a solar retailer or solar salesperson has offered to sell or lease, or has sold or leased, a residential solar energy system, the solar retailer or solar salesperson, as applicable, shal…

Sec. 1806.155. REQUIRED CONTRACT PROVISIONS. (a) If the sale or lease of a residential solar energy system involves the installation of the system at a person's residence, the sale or lease agreement must: (1) provide that the installation of the residential solar energy system w…

Sec. 1806.156. RIGHT TO CANCEL AGREEMENT. (a) In this section, "business day" means a calendar day excluding Saturday, Sunday, or any legal holiday, as that term is defined by Section 662.021, Government Code. (b) Notwithstanding any other law, a solar retailer shall allow a buye…

Sec. 1806.201. PROHIBITED ACTS. A person may not: (1) intentionally, knowingly, or recklessly make a false, misleading, or deceptive oral or written statement to another person when engaging in residential solar retail; (2) falsely state or imply an affiliation with a public util…

Sec. 1806.202. DENIAL OR REFUSAL TO RENEW. The executive director may deny an application to register or refuse to renew a registration under this chapter if the applicant or, if applicable, a controlling person of the applicant has: (1) violated this chapter or a rule or order o…

Sec. 1806.203. ADMINISTRATIVE PENALTY. In imposing an administrative penalty under Subchapter F, Chapter 51, for a violation of Section 1806.201, the commission in determining the appropriate amount of the penalty may consider whether any individual over the age of 65 at the time…

Sec. 1806.204. WARNING LETTER. (a) Before imposing an administrative penalty or sanction against a person under Chapter 51, the executive director may issue a warning letter directing a person to take corrective action regarding the violation that is the basis of the penalty or s…

Sec. 1806.205. CEASE AND DESIST ORDER. The executive director may issue a cease and desist order under Section 51.3513 to protect public health and safety. Added by Acts 2025, 89th Leg., R.S., Ch. 1062 (S.B. 1036), Sec. 1, eff. September 1, 2025.

Sec. 1806.206. AMOUNT OF CIVIL PENALTY. (a) Notwithstanding Section 51.352 and except as provided by Subsection (b), the amount of a civil penalty imposed under Chapter 51 for a violation of this chapter or a rule adopted under this chapter may not exceed: (1) $2,500 for each vio…

Sec. 1806.207. AGREEMENT CANCELLATION AND REFUND. (a) Subject to Subsection (b), the commission or executive director may, after notice and a hearing and after finding that a violation of this chapter or a rule adopted under this chapter has occurred, order the cancellation of an…

Sec. 1806.208. VIOLATION BY ELECTRICAL CONTRACTOR. An electrical contractor who violates this chapter or a rule adopted under this chapter is subject to an administrative penalty or sanction or any other enforcement provision under Chapter 1305, Chapter 51, and this chapter. Adde…

Sec. 1901.001. DEFINITIONS. In this chapter: (1) "Commission" means the Texas Commission of Licensing and Regulation. (2) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 19.017(1); Acts 2003, 78th Leg., ch. 1276, Sec. 14A.401(a). (3) "Board" means the Texas Water Well Drillers Ad…

Sec. 1901.002. EFFECT ON GROUNDWATER RIGHTS. This chapter does not affect the ownership of or the rights of landowners in groundwater. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1901.003. 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. 1901.051. LICENSING. (a) The department shall provide for the examination of license applicants. (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 Le…

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…