reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1901 - Water Well Drillers › Subchapter G. Prohibited Practices and Disciplinary Procedures › Section 1901.301. Grounds for Disciplinary Action

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 log or to a person for whom a well is being drilled, deepened, or otherwise altered;
(2)  the failure to keep, deliver, or send a well log as required by Section 1901.251;
(3)  the failure to advise a person for whom a well is being drilled that:
(A)  injurious water has been encountered;
(B)  the water is a pollution hazard;  and
(C)  the well must be immediately plugged in an acceptable manner;  or
(4)  the failure to complete a well in accordance with 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. 19.016, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1901 - Water Well Drillers › Subchapter I. Other Penalties and Enforcement Provisions › Section 1901.401. Civil Penalty

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, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1901 - Water Well Drillers › Subchapter I. Other Penalties and Enforcement Provisions › Section 1901.402. Injunction and Other Enforcement Provisions

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, 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. 26.057, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.418, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1901 - Water Well Drillers › Subchapter I. Other Penalties and Enforcement Provisions › Section 1901.403. Venue

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 by Acts 2003, 78th Leg., ch. 816, Sec. 26.058, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.418, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1901 - Water Well Drillers › Subchapter I. Other Penalties and Enforcement Provisions › Section 1901.404. Action by Attorney General

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 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. 26.059, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.419, eff. Sept. 1, 2003.
2023 Texas Statutes › 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 › Section 1902.001. Definitions

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.
2023 Texas Statutes › 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 › Section 1902.002. Liability Under Law

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.
2023 Texas Statutes › 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 B. Administration and Licensing Programs › Section 1902.051. Licensing

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 Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2003, 78th Leg., Ch. 816, Sec. 20.002, eff. September 1, 2003.
Acts 2023, 88th Leg., R.S., Ch. 745 (H.B. 3744), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › 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 B. Administration and Licensing Programs › Section 1902.052. Rules

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.
2023 Texas Statutes › 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 B. Administration and Licensing Programs › Section 1902.053. Water Well Drillers Account

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.
2023 Texas Statutes › 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 B. Administration and Licensing Programs › Section 1902.055. Transfer of Functions

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.
2023 Texas Statutes › 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 D. License Requirements › Section 1902.151. License Required

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.
2023 Texas Statutes › 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 D. License Requirements › Section 1902.152. License Application; Examination Fee

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.
2023 Texas Statutes › 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 D. License Requirements › Section 1902.153. Apprentice Pump Installer Program

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.
2023 Texas Statutes › 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 D. License Requirements › Section 1902.154. License Fee

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.
2023 Texas Statutes › 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 D. License Requirements › Section 1902.155. License Expiration

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;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.424(a), eff. Sept. 1, 2003.
Acts 2023, 88th Leg., R.S., Ch. 745 (H.B. 3744), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › 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 D. License Requirements › Section 1902.158. License Not Transferable

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.
2023 Texas Statutes › 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 D. License Requirements › Section 1902.159. Replacement of Lost or Destroyed License

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.
2023 Texas Statutes › 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 D. License Requirements › Section 1902.161. Exemption: Dewatering Well Pumps and Equipment

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.
2023 Texas Statutes › 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 D. License Requirements › Section 1902.162. Waiver for Applicant Licensed in Another State

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.
2023 Texas Statutes › 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 E. Examination › Section 1902.201. Examination

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.B. 930), Sec. 6, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 745 (H.B. 3744), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › 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 E. Examination › Section 1902.202. Contents of Examination

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 Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 745 (H.B. 3744), Sec. 8, eff. September 1, 2023.
2023 Texas Statutes › 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 F. Practice by License Holder › Section 1902.251. Installing and Repairing Pumps

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.
2023 Texas Statutes › 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 F. Practice by License Holder › Section 1902.252. Notice Regarding Injurious Water; Repair or Completion of Well

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.
2023 Texas Statutes › 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 F. Practice by License Holder › Section 1902.253. Notice Regarding Abandoned or Deteriorated Well

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.
2023 Texas Statutes › 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 I. Other Penalties and Enforcement Provisions › Section 1902.401. Civil Penalty

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.
2023 Texas Statutes › 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 I. Other Penalties and Enforcement Provisions › Section 1902.402. Injunction and Other Enforcement Provisions

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.
2023 Texas Statutes › 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 I. Other Penalties and Enforcement Provisions › Section 1902.403. Venue

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.
2023 Texas Statutes › 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 I. Other Penalties and Enforcement Provisions › Section 1902.404. Action by Attorney General

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.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1903 - Irrigators › Subchapter A. General Provisions › Section 1903.001. Definitions

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 assembly of component parts permanently installed for the controlled distribution and conservation of water to irrigate landscape vegetation, reduce dust, or control erosion.  The term does not include a system used on or by an agricultural operation as defined by Section 251.002, Agriculture Code.
(5)  "Person" means an individual.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.434(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1903 - Irrigators › Subchapter B. Commission Powers and Duties › Section 1903.053. Standards

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 responsibilities of licensed irrigators.
(b)   The commission may not require or prohibit the use of any irrigation system, component part, or equipment of any particular brand or manufacturer.
(c)  In adopting standards under this section, the commission shall consult the council.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.436(a), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1352 (H.B. 4), Sec. 13, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.34, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1903 - Irrigators › Subchapter D. Irrigator Advisory Council › Section 1903.151. Council Membership

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 techniques;  and
(2)  three public members.
(b)  Appointments to the council shall be made without regard to the race, creed, sex, religion, or national origin of the appointee.
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(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1903 - Irrigators › Subchapter D. Irrigator Advisory Council › Section 1903.152. Eligibility of Public Members

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 the management of, or has, other than as a consumer, a financial interest in a business entity or other organization related to the field of irrigation.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1903 - Irrigators › Subchapter D. Irrigator Advisory Council › Section 1903.155. Presiding Officer

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.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1903 - Irrigators › Subchapter D. Irrigator Advisory Council › Section 1903.157. Meetings

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.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1903 - Irrigators › Subchapter D. Irrigator Advisory Council › Section 1903.158. Per Diem; Reimbursement

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 and lodging, as prescribed by the General Appropriations Act.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1903 - Irrigators › Subchapter D. Irrigator Advisory Council › Section 1903.159. Council Duties

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.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1903 - Irrigators › Subchapter F. Licensing Requirements › Section 1903.251. License Required

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 irrigation system;
(3)  connects an irrigation system to a private or public, raw or potable water supply system or any water supply; or
(4)  inspects an irrigation system for a municipality or water district.
(b)  A person is ineligible for a license under Subsection (a)(4) if the person engages in or has a financial or advisory interest in an entity that engages in an activity under Subsection (a)(1), (2), or (3).
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.435(c), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 874 (H.B. 1656), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1903 - Irrigators › Subchapter F. Licensing Requirements › Section 1903.252. Licensing of Landscape Architect

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 an examination in order to be licensed.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.435(c), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1903 - Irrigators › Subchapter F. Licensing Requirements › Section 1903.255. Reciprocal Licensing

Sec. 1903.255.  RECIPROCAL LICENSING.  The commission may waive any prerequisite for obtaining a license for an applicant who is registered or licensed as an irrigator or installer by another jurisdiction with which this state has a reciprocity agreement.  The commission may make an agreement, subject to the approval of the governor, with another state to allow for licensing by reciprocity.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.439(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1903 - Irrigators › Subchapter F. Licensing Requirements › Section 1903.256. Installation of Irrigation System Without License; Offense

Sec. 1903.256.  INSTALLATION OF IRRIGATION SYSTEM WITHOUT LICENSE; OFFENSE.  (a)  Unless exempt under Section 1903.002, a person commits an offense if the person installs an irrigation system without holding a license issued by the commission under Chapter 37, Water Code.
(b)  An offense under this section is a Class C misdemeanor.
Added by Acts 2011, 82nd Leg., R.S., Ch. 324 (H.B. 2507), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1904 - Water Treatment Specialists › Subchapter A. General Provisions › Section 1904.001. Definitions

Sec. 1904.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Natural Resource Conservation Commission.
(2)  "Installation of water treatment appliances" includes connecting the appliances to all necessary utility connections in residential, commercial, or industrial facilities.
(3)  "Water treatment" means a business conducted under contract that requires experience in the analysis of water, including the ability to determine how to treat influent and effluent water, to alter or purify water, and to add or remove a mineral, chemical, or bacterial content or substance.  The term also includes the installation and service of potable water treatment equipment in public or private water systems and making connections necessary to complete installation of a water treatment system.
(4)  "Water treatment equipment" includes appliances used to alter or purify water or to alter a mineral, chemical, or bacterial content or substance.
Redesignated from Health and Safety Code, Subchapter G, Chapter 341 and amended by Acts 2007, 80th Leg., R.S., Ch. 1084 (H.B. 3017), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1904 - Water Treatment Specialists › Subchapter B. Certification Requirements › Section 1904.051. Water Treatment Specialist Certification Program

Sec. 1904.051.  WATER TREATMENT SPECIALIST CERTIFICATION PROGRAM.  (a)  The commission by rule shall establish a program to certify persons qualified to install, exchange, service, and repair residential, commercial, or industrial water treatment equipment and appliances.
(b)  The rules must establish:
(1)  standards for certification to ensure the public health and to protect the public from unqualified persons engaging in activities relating to water treatment;
(2)  classes of certification;
(3)  duration of certification;  and
(4)  reasonable annual certification fees in an amount sufficient to pay the administrative costs of the certification program, but not to exceed $150 a year for any class of certification.
Redesignated from Health and Safety Code, Subchapter G, Chapter 341 and amended by Acts 2007, 80th Leg., R.S., Ch. 1084 (H.B. 3017), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1904 - Water Treatment Specialists › Subchapter B. Certification Requirements › Section 1904.052. Certification Required

Sec. 1904.052.  CERTIFICATION REQUIRED.  A person may not engage in water treatment unless the person first obtains a certificate from the commission under the program established under this chapter.
Redesignated from Health and Safety Code, Subchapter G, Chapter 341 and amended by Acts 2007, 80th Leg., R.S., Ch. 1084 (H.B. 3017), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1904 - Water Treatment Specialists › Subchapter B. Certification Requirements › Section 1904.053. Application for Certification

Sec. 1904.053.  APPLICATION FOR CERTIFICATION.  A person desiring to obtain certification under the program established under this chapter shall file with the commission:
(1)  an application in the form prescribed by the commission and containing the information required by the commission;  and
(2)  the appropriate certification fee.
Redesignated from Health and Safety Code, Subchapter G, Chapter 341 and amended by Acts 2007, 80th Leg., R.S., Ch. 1084 (H.B. 3017), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1904 - Water Treatment Specialists › Subchapter B. Certification Requirements › Section 1904.054. Issuance of Certificate

Sec. 1904.054.  ISSUANCE OF CERTIFICATE.  (a)  On receipt of an application that meets commission requirements and the required fee, the commission shall issue to a person who meets commission standards for certification a certificate stating that the person is qualified to install, exchange, service, and repair residential, commercial, or industrial water treatment facilities.
(b)  All fees received by the commission under this section shall be deposited in the State Treasury to the credit of the General Revenue Fund.
Redesignated from Health and Safety Code, Subchapter G, Chapter 341 and amended by Acts 2007, 80th Leg., R.S., Ch. 1084 (H.B. 3017), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle A - Occupations Related to Water › Chapter 1904 - Water Treatment Specialists › Subchapter B. Certification Requirements › Section 1904.055. Exemptions

Sec. 1904.055.  EXEMPTIONS.  (a)  A person who holds a license under Chapter 1301 is exempt from the requirements of this chapter.
(b)  This chapter does not apply to an employee of an industrial facility installing or servicing water treatment equipment.
Redesignated from Health and Safety Code, Subchapter G, Chapter 341 and amended by Acts 2007, 80th Leg., R.S., Ch. 1084 (H.B. 3017), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1951 - Structural Pest Control › Subchapter A. General Provisions › Section 1951.001. Short Title

Sec. 1951.001.  SHORT TITLE.  This chapter may be cited as the Texas Structural Pest Control Act.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1951 - Structural Pest Control › Subchapter A. General Provisions › Section 1951.0021. Structural Pest Control Service

Sec. 1951.0021.  STRUCTURAL PEST CONTROL SERVICE.  The Structural Pest Control Service is a service of  the department responsible for the regulation and licensing of persons engaged in the business of structural pest control.  The service is established to provide exceptional customer service to the public and the industry, enhance the educational and professional standards of license holders, and ensure the health, safety, and welfare of the public.
Added by Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.02, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1951 - Structural Pest Control › Subchapter A. General Provisions › Section 1951.003. Business of Structural Pest Control

Sec. 1951.003.  BUSINESS OF STRUCTURAL PEST CONTROL.  (a)  In this chapter, a person is engaged in the "business of structural pest control" if the person performs, offers to perform, or advertises for or solicits the person's performance of any of the following services for compensation, including services performed as a part of the person's employment:
(1)  identifying infestations or making inspections for the purpose of identifying or attempting to identify infestations of:
(A)  arthropods, including insects, spiders, mites, ticks, and related pests, wood-infesting organisms, rodents, weeds, nuisance birds, and any other obnoxious or undesirable animals that may infest households, railroad cars, ships, docks, trucks, airplanes, or other structures or their contents; or
(B)  pests or diseases of trees, shrubs, or other plantings in a park or adjacent to a residence, business establishment, industrial plant, institutional building, or street;
(2)  making oral or written inspection reports, recommendations, estimates, or bids with respect to an infestation described by Subdivision (1); or
(3)  making contracts, or submitting bids based on an inspection for services or performing services designed to prevent, control, or eliminate an infestation described by Subdivision (1) by the use of insecticides, pesticides, rodenticides, fumigants, allied chemicals or substances, or mechanical devices.
(b)  A person is not engaged in the business of structural pest control if the person is a clerical employee or a manual laborer and the person does not:
(1)  identify pests;
(2)  make inspections, recommendations, estimates, bids, or contracts;
(3)  provide estimates, bids, or contracts based on an inspection; or
(4)  apply insecticides, pesticides, rodenticides, fumigants, allied chemicals, or other related substances regulated by the department.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.03, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 332 (H.B. 2742), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1951 - Structural Pest Control › Subchapter A. General Provisions › Section 1951.004. Direct Supervision

Sec. 1951.004.  DIRECT SUPERVISION.  In this chapter, a pesticide is applied under direct supervision if the application is made by a person acting under the instructions and control of a certified commercial applicator responsible for the actions of the person and available if needed for consultation or assistance.  The certified commercial applicator is not required to be physically present at the time and place of the pesticide application.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1951 - Structural Pest Control › Subchapter A. General Provisions › Section 1951.005. Local Regulation of Pesticide Sale or Use

Sec. 1951.005.  LOCAL REGULATION OF PESTICIDE SALE OR USE.  (a)  Except as provided by this section, a municipality or other political subdivision of this state may not adopt an ordinance or rule regarding pesticide sale or use.
(b)  This section does not limit the authority of a municipality or county to:
(1)  encourage locally approved and provided educational material concerning a pesticide;
(2)  zone for the sale or storage of pesticide products;
(3)  adopt fire or building regulations, including regulations governing the storage of pesticide products or governing fumigation and thermal insecticidal fogging operations, as preventative measures to protect the public and emergency services personnel from an accident or emergency involving pesticide products;
(4)  provide or designate sites for the disposal of pesticide products;
(5)  route hazardous materials;  or
(6)  regulate discharge to sanitary sewer systems.
(c)  A municipality or other political subdivision may take any action otherwise prohibited by this section to:
(1)  comply with any federal or state requirements;
(2)  avoid a federal or state penalty or fine;  or
(3)  attain or maintain compliance with federal or state environmental standards, including state water quality standards.
(d)  This section does not affect Subchapter G, Chapter 76, Agriculture Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1951 - Structural Pest Control › Subchapter A. General Provisions › Section 1951.006. Applicability of Fees to Government Employees

Sec. 1951.006.  APPLICABILITY OF FEES TO GOVERNMENT EMPLOYEES.  A person employed by a governmental entity is not exempt from a fee imposed under this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1951 - Structural Pest Control › Subchapter A. General Provisions › Section 1951.007. Applicability of Agriculture Code Licensing Provisions

Sec. 1951.007.  APPLICABILITY OF AGRICULTURE CODE LICENSING PROVISIONS.  A provision of the Agriculture Code that applies generally to licensing or regulatory programs administered by the department, including a provision that refers generally to licensing or regulatory programs under the Agriculture Code, applies to this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.04, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1951 - Structural Pest Control › Subchapter B. Exemptions › Section 1951.051. Individual Performing Pest Control Work on Own or Employer's Premises

Sec. 1951.051.  INDIVIDUAL PERFORMING PEST CONTROL WORK ON OWN OR EMPLOYER'S PREMISES.  (a)  An individual who does not hold a license under this chapter may use insecticides, pesticides, rodenticides, fumigants, or allied chemicals or substances or mechanical devices designed to prevent, control, or eliminate pest infestations unless:
(1)  that use is prohibited by state law or rule;
(2)  that use is prohibited by rule of the United States Environmental Protection Agency;  or
(3)  the substance used is labeled as a restricted-use pesticide or a state-limited-use pesticide.
(b)  An individual may act under Subsection (a) only on premises:
(1)  owned by the individual;
(2)  in which the individual owns a partnership or joint venture interest;  or
(3)  of a person who employs the individual primarily to perform services other than pest control.
(c)  Subsection (b)(3) does not apply to:
(1)  an apartment building;
(2)  a day-care center;
(3)  a hospital;
(4)  a nursing home;
(5)  a hotel, motel, or lodge;
(6)  a warehouse;
(7)  a food-processing establishment;
(8)  a facility owned by the state or a political subdivision of the state, except as provided by Section 1951.303(b)(1);  or
(9)  a school.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1951 - Structural Pest Control › Subchapter B. Exemptions › Section 1951.052. Person Performing Pest Control Work on Person's Dwelling

Sec. 1951.052.  PERSON PERFORMING PEST CONTROL WORK ON PERSON'S DWELLING.  (a)  Except as provided by Sections 1951.212 and 1951.457(c), this chapter does not apply to a person who performs pest control work on property that the person owns or leases as the person's dwelling.
(b)  A person described by Subsection (a) is not considered to be engaged in the business of structural pest control.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.