Title OC, Occupations Code

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…

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) "Board" means the Texas Water Well Drillers Advis…

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 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. 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 c…

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 cha…

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, …

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 200…

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 appl…

Sec. 1902.153. APPRENTICE PUMP INSTALLER PROGRAM. The commission by rule shall establish an apprentice pump installer program. Added by Acts 2015, 84th Leg., R.S., Ch. 1013 (H.B. 930), Sec. 5, eff. September 1, 2015.

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. 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. 20.008(3), 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…

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 20…

Sec. 1902.201. 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. 1902.202. CONTENTS OF EXAMINATION. The department shall ensure that examinations are designed 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…

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 board. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch…

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 …

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 pollut…

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,…

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…

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…

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 rel…

Sec. 1903.001. DEFINITIONS. In this chapter: (1) "Commission" means the Texas Commission on Environmental Quality. (2) "Council" means the Irrigator Advisory Council. (3) "Executive director" means the executive director of the commission. (4) "Irrigation system" means an assembl…

Sec. 1903.002. EXEMPTIONS. (a) In this section, "property owners' association" has the meaning assigned by Section 202.001, Property Code. (b) The licensing requirements of this chapter do not apply to a person who is: (1) licensed by the Texas State Board of Plumbing Examiners; …

Sec. 1903.053. STANDARDS. (a) The commission shall adopt by rule and enforce standards governing: (1) the connection of irrigation systems to any water supply; (2) the design, installation, and operation of irrigation systems; (3) water conservation; and (4) the duties and respon…

Sec. 1903.151. COUNCIL MEMBERSHIP. (a) The Irrigator Advisory Council consists of nine members appointed by the commission as follows: (1) six members who are irrigators, residents of this state, experienced in the irrigation business, and familiar with irrigation methods and tec…

Sec. 1903.152. ELIGIBILITY OF PUBLIC MEMBERS. A person is not eligible for appointment as a public member of the council if the person or the person's spouse: (1) is licensed by an occupational regulatory agency in the field of irrigation; or (2) is employed by, participates in t…

Sec. 1903.155. PRESIDING OFFICER. The council shall elect a presiding officer. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.438(b), eff. Sept. 1, 2003.

Sec. 1903.157. MEETINGS. The council shall hold meetings at the call of the commission or presiding officer. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.438(c), eff. Sept. 1, 2003.

Sec. 1903.158. PER DIEM; REIMBURSEMENT. A council member is entitled to a per diem as set by legislative appropriation for each day the member engages in the business of the council. A council member is entitled to reimbursement for travel expenses, including expenses for meals a…

Sec. 1903.159. COUNCIL DUTIES. The council shall provide advice to the commission and the commission's staff concerning matters relating to irrigation. Acts 2003, 78th Leg., ch. 1276, Sec. 14A.438(d), eff. Sept. 1, 2003. SUBCHAPTER F. LICENSING REQUIREMENTS

Sec. 1903.251. LICENSE REQUIRED. (a) A person must hold a license issued by the commission under Chapter 37, Water Code, if the person: (1) sells, designs, installs, maintains, alters, repairs, or services an irrigation system; (2) provides consulting services relating to an irri…

Sec. 1903.252. LICENSING OF LANDSCAPE ARCHITECT. The commission may not require a person who on August 27, 1979, held a license as a landscape architect under Chapter 457, Acts of the 61st Legislature, Regular Session, 1969 (Article 249c, Vernon's Texas Civil Statutes), to pass a…