reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1804 - Solicitation for Veterans Organizations › Subchapter E. Enforcement and Penalties › Section 1804.203. Enforcement and Injunction

Sec. 1804.203.  ENFORCEMENT AND INJUNCTION.  (a)  The attorney general may bring an action in a Travis County district court to enjoin a person from violating this chapter.
(b)  The attorney general shall notify the defendant of the alleged prohibited conduct not later than the seventh day before the date the action is commenced.
(c)  Notice is not required if the attorney general intends to request that the court issue a temporary restraining order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1804 - Solicitation for Veterans Organizations › Subchapter E. Enforcement and Penalties › Section 1804.204. Civil Penalties

Sec. 1804.204.  CIVIL PENALTIES.  (a)  A person who violates this chapter is liable to the state for a civil penalty of not more than $10,000 for each violation.
(b)  A person who violates an injunction issued under this chapter is liable to the state for a civil penalty of not less than $100,000.
(c)  The attorney general shall bring an action to recover a civil penalty.
(d)  If the violator has filed a bond under this chapter, the suit may be brought against the bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1804 - Solicitation for Veterans Organizations › Subchapter E. Enforcement and Penalties › Section 1804.205. Suit on Bond

Sec. 1804.205.  SUIT ON BOND.  (a)  A person injured by a violation of this chapter may bring an action or join an action brought by the state to recover against a bond filed under this chapter.
(b)  The court may assess costs of litigation and reasonable attorney's fees incurred by a plaintiff other than the state or by a defendant who substantially prevails.
(c)  In an action brought by a private plaintiff and the state under this chapter, if the amount claimed exceeds the amount of the bond, money derived from a bond forfeiture first applies to pay the private plaintiff's damages and attorney's fees, and any remaining amount is forfeited to the state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1804 - Solicitation for Veterans Organizations › Subchapter E. Enforcement and Penalties › Section 1804.206. Availability of Other Remedies

Sec. 1804.206.  AVAILABILITY OF OTHER REMEDIES.  This chapter does not:
(1)  prevent the state or an injured party from bringing an action to recover a contribution obtained by misrepresentation;  or
(2)  limit other causes of action available to a plaintiff by statute or common law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1805 - Sale of Secondhand Business Machines › Subchapter A. General Provisions › Section 1805.001. Definitions

Sec. 1805.001.  DEFINITIONS.  In this chapter:
(1)  "Business machine" includes an adding machine, addressing machine, calculator, cash register, check-writing device, computer or peripheral device to a computer, letter-sorting or folding device, item of recording, copying, or accounting equipment, or typewriter.  The term does not include office furniture or fixtures.
(2)  "Secondhand dealer" means a person who:
(A)  engages in the business of buying, selling, trading, accepting for sale on consignment, accepting for auction, or auctioning business machines;  or
(B)  owns or operates an auction or another event at which:
(i)  two or more persons offer business machines for sale or exchange;  and
(ii)  a fee is charged for:
(a)  offering or displaying property for sale or exchange;  or
(b)  admission to the area in which the property is offered or displayed for sale or exchange.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1805 - Sale of Secondhand Business Machines › Subchapter A. General Provisions › Section 1805.002. Application to Business Machines

Sec. 1805.002.  APPLICATION TO BUSINESS MACHINES.  (a)  This chapter applies only to a business machine that has previously been sold at retail.
(b)  This chapter does not apply to a business machine:
(1)  acquired in good faith in a transaction involving the stock in trade of another secondhand dealer who previously made the reports on the machine required by this chapter if:
(A)  the selling dealer delivers to the acquiring dealer a written document stating that the reports have been made;
(B)  the acquiring dealer submits a copy of the statement to the chief of police of the municipality or the sheriff of the county in which the selling dealer is located;  and
(C)  each secondhand dealer involved in the transaction retains a copy of the statement required by this subdivision for three years after the date of the transaction;
(2)  acquired in a nonjudicial sale, transfer, assignment, assignment for the benefit of creditors, or consignment of the assets or stock in trade, in bulk, or a substantial part of those assets, of an industrial or commercial enterprise, other than a secondhand dealer, for the voluntary dissolution or liquidation of the seller's business, or for disposing of an excessive quantity of personal property, or property that has been acquired in a nonjudicial sale or transfer from an owner other than a secondhand dealer, the seller's entire household of personal property, or a substantial part of that property, if the secondhand dealer:
(A)  gives written notice to the chief of police of the municipality or the sheriff of the county in which the dealer's business is located that a reporting exemption is being claimed under this subdivision;
(B)  retains in the dealer's place of business, for three years after the date of the transaction, a copy of the bill of sale, receipt, inventory list, or other transfer document;  and
(C)  makes the record retained available for inspection by any peace officer;
(3)  acquired in a sale made:
(A)  by any public officer in the officer's official capacity as a trustee in bankruptcy, executor, administrator, receiver, or public official acting under judicial process or authority;  or
(B)  on the execution of, or by virtue of, any process issued by a court;
(4)  acquired as surplus property from the United States, a state, a subdivision of a state, or a municipal corporation;
(5)  reported by a secondhand dealer as an acquisition or a purchase, or reported as destroyed or otherwise disposed of, to:
(A)  a state agency under another law of this state;  or
(B)  a municipal or county officer or agency under another law of this state or a municipal ordinance;  or
(6)  acquired by a person licensed under Chapter 371, Finance Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1805 - Sale of Secondhand Business Machines › Subchapter A. General Provisions › Section 1805.003. Application to Secondhand Dealers

Sec. 1805.003.  APPLICATION TO SECONDHAND DEALERS.  This chapter does not apply to a person:
(1)  acting as a dealer for the exclusive benefit of any community chest, fund, foundation, or nonprofit corporation organized and operated for religious, hospital, or charitable purposes if none of the gross receipts or net earnings of the sale or exchange of business machines benefits a private shareholder or a person participating in the organization or the conduct of the sale or exchange;
(2)  who owns the land on which an auction or event involving the sale or exchange of business machines occurs if the person:
(A)  does not have control over the auction or event;  and
(B)  does not have personal knowledge of any facts arising from the auction or event constituting a violation of this chapter;  or
(3)  whose primary business includes the manufacture, sale, or service of computers or devices peripheral to computers.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1805 - Sale of Secondhand Business Machines › Subchapter A. General Provisions › Section 1805.004. Effect on Other Laws and Ordinances

Sec. 1805.004.  EFFECT ON OTHER LAWS AND ORDINANCES.  (a)  This chapter does not excuse noncompliance with another state law or municipal ordinance relating to the reporting, holding, or releasing of business machines.
(b)  This chapter does not prohibit the enactment, amendment, or enforcement by any municipality of any ordinance relating to a secondhand dealer.
(c)  This chapter does not supersede any municipal ordinance except to the extent that the ordinance does not require any reporting for transactions involving business machines.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1805 - Sale of Secondhand Business Machines › Subchapter B. Reporting Requirements › Section 1805.051. Report of Purchase

Sec. 1805.051.  REPORT OF PURCHASE.  (a)  A secondhand dealer shall report each business machine that the dealer purchases, takes in trade, accepts for sale on consignment, or accepts for auction.
(b)  The report required by Subsection (a) must:
(1)  meet the requirements of Section 1805.052;  and
(2)  be made not later than 48 hours after the time the business machine is received.
(c)  Before a business machine is offered for sale or exchange, a secondhand dealer shall notify each person intending to sell or exchange a business machine that, before the dealer may accept any of the person's business machines, the person must file with the secondhand dealer a list describing each of the person's machines to be accepted by the dealer.
(d)  The list required by Subsection (c) must contain:
(1)  the proposed seller's driver's license number or Department of Public Safety identification card number, as recorded by the dealer on physical presentation of the license or identification card by the seller;
(2)  a complete and accurate description of each business machine, including its serial number or other identifying marks or symbols;
(3)  the proposed seller's certification that the information is true and complete;  and
(4)  if the business machine is delivered to the secondhand dealer for sale or exchange at an auction, the make, year, model, color, and registration number of the vehicle in which the business machine is transported to the auction.
(e)  The secondhand dealer shall:
(1)  provide, on demand, the list required by Subsection (c) to any peace officer;  and
(2)  mail or deliver the list to the chief of police or the sheriff as provided by Section 1805.052 not later than 48 hours after the list is filed with the secondhand dealer.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1805 - Sale of Secondhand Business Machines › Subchapter B. Reporting Requirements › Section 1805.052. Form of Report; Filing

Sec. 1805.052.  FORM OF REPORT;  FILING.  (a)  A report required by this chapter must comply with this section unless a similar report is required by another state law or a municipal ordinance, in which event the required report must comply with the applicable law or ordinance.
(b)  Except as provided by Section 1805.053, a report required by this chapter must contain:
(1)  the name and address of the seller of the business machine;
(2)  a complete and accurate description of the business machine for which the report is made, including the serial number or other identifying marks or symbols;
(3)  the seller's certification that the information is true and complete;  and
(4)  the seller's driver's license number or Department of Public Safety identification card number, as recorded by the dealer on physical presentation of the license or identification card by the seller.
(c)  If a transaction regulated by this chapter occurs in a municipality, the original report required by this chapter and a copy must be submitted to the municipality's chief of police.  If the transaction does not occur in a municipality or occurs in a municipality that does not maintain a police department, the original report and a copy must be submitted to the sheriff of the county in which the transaction occurred.
(d)  The person submitting the report shall:
(1)  submit the report on a form prescribed by the district attorney or person performing the duties of district attorney of the county in which the transaction occurs if no other state law or municipal ordinance requires a report of property acquired by a secondhand dealer as provided by Section 1805.051(a);
(2)  retain a copy of the report in the person's place of business for three years from the date the report is filed;  and
(3)  make the report available for inspection by any peace officer.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1805 - Sale of Secondhand Business Machines › Subchapter B. Reporting Requirements › Section 1805.053. Serial Number

Sec. 1805.053.  SERIAL NUMBER.  (a)  A secondhand dealer may not knowingly purchase a business machine, and a person in the business of repairing or servicing business machines may not knowingly service or repair a business machine, if another person has tampered with a serial number on the machine.
(b)  A secondhand dealer or person in the business of repairing or servicing business machines shall file a report not later than the second day after the date a business machine is brought to the secondhand dealer or person if a person has tampered with the serial number on the business machine that is sought to be sold, serviced, or repaired.
(c)  The report must contain:
(1)  a complete and accurate description of the business machine;  and
(2)  if available, the name and address of the person attempting to sell the machine or have it serviced or repaired.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1805 - Sale of Secondhand Business Machines › Subchapter B. Reporting Requirements › Section 1805.054. Required Retention of Property

Sec. 1805.054.  REQUIRED RETENTION OF PROPERTY.  (a)  If a report is required under this chapter, other than a report under Section 1805.053, a secondhand dealer may not dispose of the business machine that is the subject of the report before the 11th day after the date the report is filed unless:
(1)  the peace officer to whom the report is submitted, for good cause, authorizes disposition of any property described in a specific report;  or
(2)  the secondhand dealer obtains the name, address, and description of the buyer of the property and retains this information.
(b)  A secondhand dealer who retains certain information under Subsection (a)(2) shall make that information available for inspection by any peace officer.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1805 - Sale of Secondhand Business Machines › Subchapter C. Requirements for Certain Purchases; Penalty › Section 1805.101. Purchase From Minor

Sec. 1805.101.  PURCHASE FROM MINOR.  (a)  A secondhand dealer may not purchase a business machine from a person younger than 18 years of age unless the seller delivers to the dealer before the purchase a written statement from the seller's parent or legal guardian consenting to the transaction.
(b)  The dealer shall retain the statement with the records required to be kept under this chapter.  The dealer may destroy the statement when the business machine is sold or one year from the date of purchase, whichever date is later.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1805 - Sale of Secondhand Business Machines › Subchapter C. Requirements for Certain Purchases; Penalty › Section 1805.102. Purchase at Temporary Location of Secondhand Dealer

Sec. 1805.102.  PURCHASE AT TEMPORARY LOCATION OF SECONDHAND DEALER.  (a)  A secondhand dealer conducting business from a temporary location may not engage in the business of buying business machines unless the person has filed within a 12-month period at least 30 days before the date on which each purchase is made:
(1)  a registration statement with the Department of Public Safety;  and
(2)  a copy of the registration statement with the local law enforcement agency of:
(A)  the municipality in which the temporary location is located;  or
(B)  the county in which the temporary location is located if the temporary location is not located in a municipality.
(b)  The statement must contain:
(1)  the secondhand dealer's name and address;
(2)  the business's location;  and
(3)  other relevant information required by the department.
(c)  If the secondhand dealer is an association or corporation, the statement must set forth the name and address of:
(1)  each member of the association;  or
(2)  each officer and director of the corporation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 11 - Regulation of Sales and Solicitation › Chapter 1805 - Sale of Secondhand Business Machines › Subchapter C. Requirements for Certain Purchases; Penalty › Section 1805.103. Criminal Penalty

Sec. 1805.103.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:
(1)  disposes of property in violation of Section 1805.054;
(2)  purchases, services, or repairs a business machine in violation of Section 1805.053 or fails to timely file a report required by that section;
(3)  fails to obtain or retain a statement as required by Section 1805.101;
(4)  fails to make a report or record available for inspection by a peace officer as required by this chapter;  or
(5)  is a secondhand dealer and:
(A)  fails to make a report as required by Section 1805.051;  or
(B)  fails to file a registration statement as required by Section 1805.102.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 A. General Provisions › Section 1901.002. Effect on Groundwater Rights

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.
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 A. General Provisions › Section 1901.003. Liability Under Law

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.
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 B. Administration and Licensing Programs › Section 1901.051. Licensing

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 Leg., ch. 1421, Sec. 4, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 19.002, 26.055, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 745 (H.B. 3744), Sec. 1, 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 1901 - Water Well Drillers › Subchapter B. Administration and Licensing Programs › Section 1901.052. Rules

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 equipment;  and
(4)  procedures and practices before the department.
(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. 19.003, 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 1901 - Water Well Drillers › Subchapter B. Administration and Licensing Programs › Section 1901.053. Water Well Drillers Account

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 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 1901 - Water Well Drillers › Subchapter B. Administration and Licensing Programs › Section 1901.055. Transfer of Functions

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, 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 C. Texas Water Well Drillers Advisory Council › Section 1901.101. Council Membership

Sec. 1901.101.  COUNCIL MEMBERSHIP.  (a)  The Texas Water Well Drillers Advisory Council 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 and familiar with well drilling, completion, and plugging methods and techniques;  and
(2)  three public members.
(b)  One member appointed under Subsection (a)(1) must be selected from the state at large and the remaining five driller members must be selected from each of the following geographic areas of the state:
(1)  Gulf Coast area;
(2)  Trans-Pecos area;
(3)  Central Texas area;
(4)  Northeast Texas area;  and
(5)  Panhandle-South Plains area.
(c)  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. 816, Sec. 19.004, 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 1901 - Water Well Drillers › Subchapter C. Texas Water Well Drillers Advisory Council › Section 1901.102. Eligibility of Members

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 member serving under Section 1901.101(a)(1) is employed by or owns an interest in the same company, firm, or business association.
(b)  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 well drilling;  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 well drilling.
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 C. Texas Water Well Drillers Advisory Council › Section 1901.103. Membership and Employee Restrictions

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 council member or an employee of the department connected with the administration of this chapter.
(b)  A council member or an employee of the department connected with the administration of this chapter may not be related within the second degree by affinity or consanguinity to a person who is an officer, employee, or paid consultant of a trade association in the well drilling industry.
(c)  A person may not serve as a member of the council if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities on behalf of a trade or professional association in the well drilling industry.
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 C. Texas Water Well Drillers Advisory Council › Section 1901.104. Terms

Sec. 1901.104.  TERMS.  Council members serve six-year terms expiring September 15.
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 C. Texas Water Well Drillers Advisory Council › Section 1901.105. Presiding Officer

Sec. 1901.105.  PRESIDING OFFICER.  The presiding officer of the commission, with the commission's approval, shall appoint a member of the council to serve as presiding officer of the council for two years.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 19.005, 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 1901 - Water Well Drillers › Subchapter C. Texas Water Well Drillers Advisory Council › Section 1901.106. Grounds for Removal

Sec. 1901.106.  GROUNDS FOR REMOVAL.  It is a ground for removal from the council that a member:
(1)  does not have at the time of appointment the qualifications required by Section 1901.101 or 1901.102;
(2)  does not maintain during service on the council the qualifications required by Section 1901.101 or 1901.102;
(3)  violates a prohibition established by Section 1901.103;  or
(4)  is absent from more than half of the regularly scheduled council meetings that the member is eligible to attend each year.
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 C. Texas Water Well Drillers Advisory Council › Section 1901.107. Meetings; Quorum

Sec. 1901.107.  MEETINGS;  QUORUM.  (a)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.25(24), eff. September 1, 2021.
(b)  The council shall conduct meetings in compliance with Chapter 551, Government Code.
(c)  A majority of the council 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. 663 (H.B. 1560), Sec. 1.25(24), eff. September 1, 2021.
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 C. Texas Water Well Drillers Advisory Council › Section 1901.108. Reimbursement

Sec. 1901.108.   REIMBURSEMENT.  A council 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. 4, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.404(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 1901 - Water Well Drillers › Subchapter C. Texas Water Well Drillers Advisory Council › Section 1901.109. Council Powers and Duties

Sec. 1901.109.  COUNCIL POWERS AND DUTIES.  (a)  The council may propose rules for adoption by the commission relating to the regulation of drillers registered under this chapter.
(b)  The council shall advise the department on the contents of licensing examinations.
(c)  The council may:
(1)  recommend standards for continuing education programs, including standards relating to:
(A)  the qualifications of program providers and instructors;  and
(B)  the amount of program fees;  and
(2)  recommend topics to be covered in a continuing education course.
(d)  The council shall assist the commission in evaluating continuing education programs.
(e)  Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 19.017(2).
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 19.006, 19.017(2), 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 D. License Requirements › Section 1901.151. License Required

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.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.056, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.406, 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 D. License Requirements › Section 1901.152. License Application

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 required by the department; and
(2)  an application fee.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 19.007, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1013 (H.B. 930), Sec. 1, 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 1901 - Water Well Drillers › Subchapter D. License Requirements › Section 1901.153. Apprentice Driller Program

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.
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 D. License Requirements › Section 1901.154. License Fee

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.
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 D. License Requirements › Section 1901.155. License Expiration

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;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.407(a), eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 745 (H.B. 3744), Sec. 2, 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 1901 - Water Well Drillers › Subchapter D. License Requirements › Section 1901.158. License Not Transferable

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.
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 D. License Requirements › Section 1901.159. Replacement of Lost or Destroyed License

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.
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 D. License Requirements › Section 1901.161. Exemption: Dewatering Well

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 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 1901 - Water Well Drillers › Subchapter D. License Requirements › Section 1901.162. Waiver for Applicant Licensed in Another State

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 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 19.008, 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 E. Examination › Section 1901.201. Examination

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.B. 930), Sec. 3, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 745 (H.B. 3744), Sec. 3, 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 1901 - Water Well Drillers › Subchapter E. Examination › Section 1901.202. Contents of Examination

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 drilling by the person would create a serious risk of polluting fresh water.
(b)  The department may prescribe additional requirements:
(1)  for the examination of monitoring well drillers;  and
(2)  that relate to water conservation for the examination of dewatering well drillers.
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. 4, 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 1901 - Water Well Drillers › Subchapter E. Examination › Section 1901.206. Reexamination

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.
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 F. Practice by License Holder › Section 1901.251. Well Log

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 shall be recorded at the time of drilling, deepening, or otherwise altering the well and must contain:
(1)  the depth, thickness, and character of the strata penetrated;
(2)  the location of water-bearing strata;
(3)  the depth, size, and character of casing installed;  and
(4)  any other information required by rules adopted by the commission.
(b)  Not later than the 60th day after the date of the completion or cessation of drilling, deepening, or otherwise altering the well, the driller shall deliver, send by first class mail, or provide electronically a copy of the well log to:
(1)  the department;
(2)  the Texas Commission on Environmental Quality; and
(3)  the owner of the well or the person for whom the well was drilled.
(c)  If the department receives, by certified mail, a written request from the owner of the well or from the person for whom the well was drilled that the well log be made confidential, the department shall protect the contents of the well log as confidential and not a matter of public record.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 19.009, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1013 (H.B. 930), Sec. 4, 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 1901 - Water Well Drillers › Subchapter F. Practice by License Holder › Section 1901.252. Marking Rig

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 rig.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 19.010, 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 F. Practice by License Holder › Section 1901.253. Completing Water Well

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.
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 F. Practice by License Holder › Section 1901.254. Notice Regarding Injurious Water; Plugging, Repair, or Completion of Well

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 must be plugged, repaired, or properly completed in order to avoid injury or pollution.
(b)  The driller shall ensure that the well is plugged, repaired, or properly completed 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. 19.012, 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 F. Practice by License Holder › Section 1901.255. Plugging Water 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 deteriorated well and has been capped;
(C)  the water from the well has been put to an authorized beneficial use, as defined by the Water Code;
(D)  the well is used in the normal course and scope and with the intensity and frequency of other similar users in the general community;  or
(E)  the owner is participating in the Conservation Reserve Program authorized by Sections 1231-1236, Food Security Act of 1985 (16 U.S.C. Sections 3831-3836), or a similar governmental program.
(2)  "Deteriorated well" means a well that, because of its condition, will cause or is likely to cause pollution of any water in this state, including groundwater.
(b)  A driller who knows of an abandoned or deteriorated well shall notify the landowner or person who possesses the well that the well must be plugged or capped to avoid injury or pollution.
(c)  Not later than the 180th day after the date a landowner or other person who possesses an abandoned or deteriorated well learns of its condition, the landowner or other person shall have the well plugged or capped under standards and procedures adopted by the commission.
(d)  Not later than the 30th day after the date the well is plugged, a driller, licensed pump installer, or well owner who plugs an abandoned or deteriorated well shall submit a plugging report to:
(1)  the board of directors of the groundwater conservation district in which the well is located, if the well is located in the boundaries of a groundwater conservation district;  and
(2)  the executive director.
(e)  The department or the groundwater conservation district in which the well is located shall furnish plugging report forms on request.  The executive director shall prescribe the content of the forms.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 19.013, 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 F. Practice by License Holder › Section 1901.256. Enforcement by Groundwater Conservation District

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 district shall enforce compliance with Section 1901.255 related to wells located in the boundaries of the district.
(c)  A groundwater conservation district may bring an action to enjoin a person from violating Section 1901.255.
(d)  A groundwater conservation district may enforce by injunction or other appropriate remedy in a court any rule, decision, determination, or order adopted or entered under this chapter that is related to Section 1901.255.
(e)  A groundwater conservation district may bring an action to recover a civil penalty under Section 1901.401 for a violation of this chapter or a rule adopted under this chapter related to Section 1901.255.
(f)  The groundwater conservation district may bring the action in the county in which:
(1)  the offending activity occurred;  or
(2)  the person engaging in the activity resides.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 19.014, 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 F. Practice by License Holder › Section 1901.257. Memorandum of Understanding Regarding Abandoned Wells

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 joint memorandum of understanding to coordinate the efforts of the department, groundwater conservation districts, and the field offices of the Texas Commission on Environmental Quality relating to investigative procedures for referrals of complaints regarding abandoned and deteriorated wells.
(c)  Each groundwater conservation district in which an abandoned or deteriorated well is located shall join the memorandum of understanding adopted under Subsection (b).
Added by Acts 2003, 78th Leg., ch. 816, Sec. 19.015, eff. Sept. 1, 2003.