Texas Register, Volume 7, Number 8, Pages 469-554, February 5, 1982 Page: 521
469-554 p. ; 28 cm.View a full description of this periodical.
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will follow when on alleged violation is prwsnted to
it. Section231.133 prescribes the procedure available
for reinstating a license which h.' been the subject
of disclipinary action by the board. Section 231.135
restates the procedure for appealing board action as
it was prescribed by the Legislbture in 19 of the Water
Well Drillers Act. Section 231.137 restates the
board's authority to apply to any court of cor potent
jurisdiction for civil penalties when a person has
violated the Act or theboard's rules.'
No comments were received regarding adoption of
#3231.133-231.137. One comment was received
regarding 1231.133 (b)(5) which states that a ground
for disciplinary action may be "failing to see that a
well which has encountered undesirable water is
plugged or' properly completed in accordance with the
department's rules". The comment requested that
some provision be made so that a driller would not be
punished for not plugging a well under certain
circumstances.
The Texas Water Well Association, Inc., submitted
comments against the rule.
The Water Well Drillers Act, 14, clearly gives the
Texas Department of Water Resources, not the Water
Well Drillers Board, the authority to promulgate rules
and standards governing the plugging of wells en-
countering undesirable water. Thus, the Water Well
Drillers Board concludes that the Texas Department
of Water Resources, not the Water Well Drillers Board,
is the entity which can delineate exemptions from the
requirements of the section or prescribe procedures
clarifying the driller's responsibility under the section.
Moreover, the Water Well Drillers Board concludes
that if a driller is not complying with the Water Well
Drillers Act as it has been interpreted by the agency
having the authority to interpret it, the driller should
be subject to disciplinary action by the board, at the
board's discretion.
This agency hereby certifies that the rules as adopted
have been reviewed by legal counsel and found to be
a valid exercise'of' the agency's legal authority.
M. Reginald Arnold II
January 22, 1982
These new rules are adopted under Texas Civil
Statutes, Article 7621 e, 7, which provides that the
Water Well Drillers Board shall adopt, prescribe, pro-
mulgate, and enforce all rules and regulations
reasonably necessary to effectuate the provisions of
the Water Well Drillers Act. Section 8 and 12;respectively; authorize the board to take disolpiary
action on Its Own and/or to refer the matter to th at-
torney glmerl fd enforcement. ' '
Issued in Austin, Texas, on Janary 22, 1982.
TO-820837 , M Reginald Arnold II
General Counsel
Texas Department of Watr
Resources
Effective date: February 15, 1902
Proposal publicat on date: December 11, 1981
For further, information, please call 16124)'46-948,
Ad rf.JAdopted
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Texas. Secretary of State. Texas Register, Volume 7, Number 8, Pages 469-554, February 5, 1982, periodical, February 5, 1982; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth244455/m1/39/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.