Texas Occupations Code Title 12, Chapter 1901 - Water Well Drillers

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 1901.001 - Definitions
  In this chapter: (1) "Commission" means the Texas Commission of Licensing and Regulation. (2) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 19.017(1); Acts...
• Texas Section 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,...

SUBCHAPTER B ADMINISTRATION AND LICENSING PROGRAMS

• Texas Section 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....
• Texas Section 1901.051 - Licensing
  (a) The department, with the advice of the council, shall prepare licensing examinations. (b) The department shall evaluate the qualifications of license applicants. (c) The...
• Texas Section 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...
• Texas Section 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...
• Texas Section 1901.054 - Register Of License Holders
  The department shall maintain a current register of license holders. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

SUBCHAPTER C TEXAS WATER WELL DRILLERS ADVISORY COUNCIL

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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.
• Texas Section 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...
• Texas Section 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...
• Texas Section 1901.107 - Meetings; Quorum
  (a) The council shall hold meetings at the call of the presiding officer. (b) The council shall conduct meetings in compliance with Chapter 551, Government...
• Texas Section 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...

SUBCHAPTER D LICENSE REQUIREMENTS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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...
• Texas Section 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.,...
• Texas Section 1901.155 - License Expiration; Renewal
  (a) A license issued under this chapter expires annually. On or before the license expiration date, a license holder must pay an annual renewal fee...
• Texas Section 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.
• Texas Section 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,...
• Texas Section 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...

SUBCHAPTER E EXAMINATION

• Texas Section 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...
• Texas Section 1901.201 - Examination
  The department shall offer examinations for a license under this chapter. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003....
• Texas Section 1901.202 - Contents Of Examination
  (a) The department shall design written examinations to disqualify a person who lacks the necessary knowledge of drilling, of completion and plugging methods and techniques,...
• Texas Section 1901.203 - Oral Examination
  An applicant may take an oral examination. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.
• Texas Section 1901.204 - Grading Of Examination
  The department shall administer examinations so that a person grading an examination does not know the identity of the person taking the examination. Added by...

SUBCHAPTER F PRACTICE BY LICENSE HOLDER

• Texas Section 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.,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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)...
• Texas Section 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...

SUBCHAPTER G PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES

• Texas Section 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...

SUBCHAPTER I OTHER PENALTIES AND ENFORCEMENT PROVISIONS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

Last modified: September 28, 2016