HBA-CBW, CMT H.B. 66 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 66
By: Pitts
Natural Resources
2/15/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, there are administrative conflicts between the licensing and
complaint resolution processes in the Texas Department of Licensing and
Regulation's enabling statute in the Occupations Code, the Administrative
Procedure Act, and sections of the Water Code.  House Bill 66 aims to
reduce redundant and duplicative language from certain sections of the
Water Code that pertain to water drillers. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 66 amends the Water Code relating to the regulation of water
well drillers.  The bill provides that a license for water well drillers
expires annually instead of on August 31 of each year.  The bill removes
the provision that a member of the Texas water well drillers advisory
council is entitled to a per diem for each day the member engages in the
business of the council, but continues to allow a member of the council to
receive compensation for travel expenses, including expenses for meals and
lodging. 

H.B. 66 removes provisions regarding administrative procedures and the
assessment and collection of penalties for licensees.  The bill repeals
laws regarding: 

 _the 90-day residency requirement for license applicants;
 
 _procedures for revoking a license, placing a licensee on probation, or
reprimanding a licensee; 
 
 _requirements for notifying parties to disciplinary hearing of the
decisions, orders, findings, and conclusions of the Texas Department of
Licensing and Regulation (department); 
 
 _procedures for appeal of a ruling, order, or other act of the department;
and  
 
 _departmental procedures for handling complaints.

EFFECTIVE DATE

September 1, 2001.