2009 Texas Code
OCCUPATIONS CODE
TITLE 12. PRACTICES AND TRADES RELATED TO WATER, HEALTH, AND SAFETY
CHAPTER 1901. WATER WELL DRILLERS
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
Sec. 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(2) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 19.017(1);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 2003, 78th Leg., ch. 1276, Sec. 14A.401(a).
(3) "Council" means the Texas Water Well Drillers Advisory
Council.
(4) "Department" means the Texas Department of Licensing and
Regulation.
(5) "Dewatering well" means an artificial excavation that is
constructed to produce groundwater to lower the water table or
potentiometric surface and that is not used to produce or to
facilitate the production of minerals under a state regulatory
program.
(6) "Dewatering well driller" means a person who drills, bores,
cores, or constructs a dewatering well. The term includes the
owner or operator of a well or the contractor or drilling
supervisor. The term does not include a person who acts under the
direct supervision of a dewatering well driller and is not
primarily responsible for the drilling operation.
(7) "Driller" means a water well driller, injection well
driller, dewatering well driller, or monitoring well driller.
(7-a) "Executive director" means the executive director of the
department.
(7-b) "Groundwater conservation district" means a district to
which Chapter 36, Water Code, applies.
(8) "Injection well" includes:
(A) an air-conditioning return flow well used to return water
that has been used for heating or cooling in a heat pump to the
aquifer that supplied the water;
(B) a cooling water return flow well used to inject water that
has been used for cooling;
(C) a drainage well used to drain surface fluid into a
subsurface formation;
(D) a recharge well used to replenish water in an aquifer;
(E) a saltwater intrusion barrier well used to inject water into
a freshwater aquifer to prevent the intrusion of salt water into
fresh water;
(F) a sand backfill well used to inject a mixture of water and
sand, mill tailings, or other solids into subsurface mines;
(G) a subsidence control well used to inject fluids into a
non-oil-producing or non-gas-producing zone to reduce or
eliminate subsidence associated with the overdraft of fresh
water; and
(H) a closed system geothermal well used to circulate water,
other fluids, or gases through the earth as a heat source or heat
sink.
(9) "Injection well driller" means a person who drills, bores,
cores, or constructs an injection well. The term includes the
owner or operator of a well or the contractor or drilling
supervisor. The term does not include a person who acts under the
direct supervision of an injection well driller and is not
primarily responsible for the drilling operation.
(10) "Monitoring well" means an artificial excavation that is
constructed to measure or monitor the quantity or movement of
substances below the surface of the ground and that is not used
in conjunction with the production of oil, gas, or other
minerals.
(11) "Monitoring well driller" means a person who drills, bores,
cores, or constructs a monitoring well. The term includes the
owner or operator of a well or the contractor or drilling
supervisor.
(12) "Person" means an individual, firm, partnership,
association, corporation, or other private legal entity.
(13) "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 the water for a reasonable
purpose.
(14) "Water well" means an artificial excavation constructed to
explore for or produce groundwater. The term does not include:
(A) a test or blast hole in a quarry or mine or a well or
excavation constructed to explore for or produce oil, gas, or
other minerals unless the hole is also used to produce
groundwater; or
(B) an injection water source well regulated under Section
91.101, Natural Resources Code.
(15) "Water well driller" means a person who drills, bores,
cores, or constructs a water well in this state. The term
includes the owner or operator of a well or the contractor or
drilling supervisor. The term does not include a person who:
(A) drills, bores, cores, or constructs a water well on the
person's own property for the person's own use; or
(B) assists in constructing a water well under the direct
supervision of a driller and is not primarily responsible for the
drilling operation.
(16) "Well" means a water well, injection well, dewatering well,
or monitoring well.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 19.001,
19.017(1), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276,
Sec. 14A.401, eff. Sept. 1, 2003.
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.
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.
SUBCHAPTER B. ADMINISTRATION AND LICENSING PROGRAMS
Sec. 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 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.
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.
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.
Sec. 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.
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.
SUBCHAPTER C. TEXAS WATER WELL DRILLERS ADVISORY COUNCIL
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.
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.
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.
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.
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.
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.
Sec. 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 Code.
(c) A majority of the council constitutes a quorum.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
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.
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.
SUBCHAPTER D. LICENSE REQUIREMENTS
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.
Sec. 1901.152. 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 relevant 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. 19.007, eff.
Sept. 1, 2003.
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.
Sec. 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 to the department.
(b) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 19.017(3).
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.
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.
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.
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.
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.
SUBCHAPTER E. EXAMINATION
Sec. 1901.201. FREQUENCY OF EXAMINATION. (a) The department
shall offer examinations at least once each year.
(b) The department shall offer examinations more frequently if
more than 10 persons petition for an additional examination.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
Sec. 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, 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.
Sec. 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.
Sec. 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 Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003.
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.
SUBCHAPTER F. PRACTICE BY LICENSE HOLDER
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 or send by certified mail a copy
of the well log to:
(1) the department;
(2) the Texas Natural Resource Conservation Commission; 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.
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.
Sec. 1901.253. COMPLETING WATER WELL. A driller shall complete
a well under standards and procedures adopted by the commission.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1,
2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 19.011, eff.
Sept. 1, 2003.
Sec. 1901.254. NOTICE REGARDING INJURIOUS WATER; PLUGGING,
REPAIR, OR COMPLETION OF WELL. (a) A driller shall notify the
department and the landowner or person having a well drilled on
encountering water injurious to vegetation, land, or other water
and determining that the well 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.
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.
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.
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.
SUBCHAPTER G. PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES
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.
SUBCHAPTER I. OTHER PENALTIES AND ENFORCEMENT PROVISIONS
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.
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.
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.
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.
Disclaimer: These codes may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
