TITLE 16.ECONOMIC REGULATION

Part 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

Chapter 76. WATER WELL DRILLERS AND WATER WELL PUMP INSTALLERS

The Texas Department of Licensing and Regulation ("Department") proposes amendments to existing rules at 16 Texas Administrative Code ("TAC"), §§76.10, 76.201, 76.204 - 76.206, 76.600, 76.800, 76.900, and 76.1000 and the repeal of §76.707 regarding the water well drillers and water well pump installers program.

Amendments to the above-referenced rules primarily are intended to update the rules in response to the agency’s use of new examinations and a new exam procedure, which creates a need to change certain license designations and fees, and one unnecessary rule is repealed.

The amendments are necessary for the following reasons: to harmonize terminology in a definition with that used in new examinations for water well drillers and pump installers and also, as a result, definitions were re-numbered; to correct typographical errors; to ensure certain rule provisions met the contingencies of the new examination process; and to achieve conformity between water well drillers and pump installers regarding license designations and fees. The repeal removes §76.707 that is redundant since another provision in the rules, §76.900, addresses the same subject matter.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed amendments and repeal are in effect there will be no cost to state or local government as a result of enforcing or administering the proposed amendments and repeal.

Mr. Kuntz also has determined that for each year of the first five-year period the amendments and repeal are in effect, the public benefit will be clearer examination rules for water well drillers and pump installers, resulting in drillers and pump installers whose areas of expertise are more evident to the public.

There will be no effect on large, small, or micro-businesses as a result of the proposed amendments and repeal. There will be a minor economic cost to installers who choose to pursue a general pump installer license due to an increase in the exam fee.

Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile 512/475-2872, or electronically: whkuntz@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

16 TAC §§76.10, 76.201, 76.204 - 76.206, 76.600, 76.800, 76.900, 76.1000

The amendments are proposed under Texas Occupations Code, Chapters 51, 1901 and 1902, which authorize the Department to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposed amendments are those set forth in Texas Occupations Code, Chapters 51, 1901, and 1902. No other statutes, articles, or codes are affected by the proposed amendments.

§76.10.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Abandoned well--A well that has not been used for six consecutive months. A well is considered to be in use in the following cases:

(A) a non-deteriorated well which contains the casing, pump, and pump column in good condition; or

(B) non-deteriorated well which has been capped.

(2) Annular space--The space between the casing and borehole wall.

(3) Atmospheric barrier--A section of cement placed from two feet below land surface to the land surface when using granular sodium bentonite as a casing sealant or plugging sealant in lieu of cement.

(4) Bentonite--A sodium hydrous aluminum silicate clay mineral (montmorillonite) commercially available in powdered, granular, or pellet form which is mixed with potable water and used for a variety of purposes including the stabilization of borehole walls during drilling, the control of potential or existing high fluid pressures encountered during drilling below a water table, and to provide a seal in the annular space between the well casing and borehole wall.

(5) Bentonite grout--A fluid mixture of sodium bentonite and potable water mixed at manufacturers’ specifications to a slurry consistency that can be pumped through a pipe directly into the annular space between the casing and the borehole wall. Its primary function is to seal the borehole in order to prevent the subsurface migration or communication of fluids.

(6) Capped well--A well that is closed or capped with a covering capable of preventing surface pollutants from entering the well and sustaining weight of at least 400 pounds and constructed in such a way that the covering cannot be easily removed by hand.

(7) Casing--A watertight pipe which is installed in an excavated or drilled hole, temporarily or permanently, to maintain the hole sidewalls against caving, advance the borehole, and in conjunction with cementing and/or bentonite grouting, to confine the ground waters to their respective zones of origin, and to prevent surface contaminant infiltration.

(A) Plastic casing--National Sanitation Foundation (NSF-WC) or American Society of Testing Material (ASTM) F-480 minimum SDR 26 approved water well casing.

(B) Steel Casing--New ASTM A-53 Grade B or better and have a minimum weight and thickness of American National Standards Institute (ANSI) schedule 10.

(C) Monitoring wells may use other materials, such as fluoropolymer (Teflon), glass-fiber-reinforced epoxy, or various stainless steel alloys.

(8) Cement--A neat portland or construction cement mixture of not more than seven gallons of water per 94-pound sack of dry cement, or a cement slurry which contains cement along with bentonite, gypsum or other additives.

(9) Chemigation--A process whereby pesticides, fertilizers or other chemicals, or effluents from animal wastes is added to irrigation water applied to land or crop, or both, through an irrigation distribution system.

(10) Closed Loop Geothermal Well--A vertical closed system well used to circulate water, and other fluids or gases through the earth as a heat source or heat sink.

(11) [ (10) ] Commission--The Texas Commission of Licensing and Regulation.

[ (11) Commissioner--means the commissioner of licensing and regulation.]

(12) Complainant--A person who has filed a complaint with the Texas Department of Licensing and Regulation (Department) against any party subject to the jurisdiction of the Department. The Department may be the complainant.

(13) Completed monitoring well--A monitoring well which allows water from a single water-producing zone to enter the well bore, but isolates the single water-producing zone from the surface and from all other water-bearing zones by proper casing and/or cementing procedures. Annular space positive displacement or pressure tremie tube grouting or cementing (sealing) method shall be used when encountering undesirable water or constituents above or below the zone to be monitored or if the monitoring well is greater than twenty (20) feet in total depth. The single water-producing zone shall not include more than one continuous water-producing unit unless a qualified geologist or a groundwater hydrologist has determined that all the units screened or sampled by the well are interconnected naturally.

(14) Completed to produce undesirable water--A completed well which is designed to extract water from a zone which contains undesirable water.

(15) Completed water well--A water well, which has sealed off access of undesirable water or constituents to the well bore by utilizing proper casing and annular space positive displacement or pressure tremie tube grouting or cementing (sealing) methods.

(16) Constituents--Elements, ions, compounds, or substances which may cause the degradation of the soil or ground water.

(17) Continuing Education--Four (4) hours of education per year required, including one (1) hour dedicated to the Water Well Driller/Pump Installer Statutes and Rules course as a condition of license or registration renewal under the Code and/or Rules.

(18) Continuing Education Program--A formal offering of instruction or information to licensees, registrants, or certificate holders for the purpose of maintaining skills necessary for the protection of groundwater and the health and general welfare of the citizens and the competent practice of the construction of water wells, the installation of pumps or pumping equipment or water well monitoring. A school, clinic, forum, lecture, course of study, educational seminar, workshop, conference, convention, or short course approved by the Department, may offer such programs.

(19) Dry litter poultry facility--Fully enclosed poultry operation where wood shavings or similar material is used as litter.

(20) Easy access--Access is not obstructed by other equipment and the fitting can be removed and replaced with a minimum of tools without risk of breakage of the attachment parts.

(21) Edwards aquifer--That portion of an arcuate belt of porous, water bearing, predominantly carbonate rocks known as the Edwards and Associated Limestones in the Balcones Fault Zone trending from west to east to northeast in Kinney, Uvalde, Medina, Bexar, Comal, Hays, Travis, Williamson, and Bell Counties; and composed of the Salmon Peak Limestone, McKnight Formation, West Nueces Formation, Devil’s River Limestone, Person Formation, Kainer Formation, Edwards Formation and Georgetown Formation. The permeable aquifer units generally overlie the less-permeable Glen Rose Formation to the south, overlie the less-permeable Comanche Peak and Walnut formations north of the Colorado River, and underlie the less-permeable Del Rio Clay regionally.

(22) Environmental soil boring--An artificial excavation constructed to measure or monitor the quality and quantity or movement of substances, elements, chemicals, or fluids beneath the surface of the ground. The term shall not include any well that is used in conjunction with the production of oil, gas, or any other minerals.

(23) Executive Director-- means the executive director of the Department.

(24) Flapper--The clapper, closing, or checking device within the body of the check valve.

(25) Foreign substance--Constituents that includes recirculated tailwater and open-ditch water when a pump discharge pipe is submerged in the ditch.

(26) Freshwater--Water whose bacteriological, physical, and chemical properties are such that it is suitable and feasible for beneficial use.

[ (27) Geothermal closed heat loop well--A vertical closed system well used to circulate water, and other fluids or gases through the earth as a heat source or heat sink.]

(27) [ (28) ] Granular sodium bentonite--Sized, coarse ground, untreated, sodium based bentonite (montmorillonite) which has the specific characteristic of swelling in freshwater.

(28) [ (29) ] Groundwater conservation district--Any district or authority to which Chapter 36, Water Code, applies and that has the authority to regulate the spacing or production of water wells.

(29) [ (30) ] 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.

(30) [ (31) ] Irrigation distribution system--A device or combination of devices having a hose, pipe, or other conduit which connects directly to any water well or reservoir connected to the well, through which water or a mixture of water and chemicals is drawn and applied to land. The term does not include any hand held hose sprayer or other similar device, which is constructed so that an interruption in water flow automatically prevents any backflow to the water source.

(31) [ (32) ] Monitoring well--An artificial excavation constructed to measure or monitor the quality and/or quantity or movement of substances, elements, chemicals, or fluids beneath the surface of the ground. Included within this definition are environmental soil borings, piezometer wells, observation wells, and recovery wells. The term shall not include any well that is used in conjunction with the production of oil, gas, coal, lignite, or other minerals.

(32) [ (33) ] Mud for drilling--A relatively homogenous, viscous fluid produced by the suspension of clay-size particles in water or the additives of bentonite or polymers.

(33) [ (34) ] Piezometer--A device so constructed and sealed as to measure hydraulic head at a point in the subsurface.

(34) [ (35) ] Piezometer well--A well of a temporary nature constructed to monitor well standards for the purpose of measuring water levels or used for the installation of piezometer resulting in the determination of locations and depths of permanent monitor wells.

(35) [ (36) ] Plugging--An absolute sealing of the well bore.

(36) [ (37) ] Pollution--The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water that renders the water harmful, detrimental, or injurious to humans, animals, vegetation, or property, or to public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any or reasonable purpose.

(37) [ (38) ] Potable water--Water which is safe for human consumption in that it is free from impurities in amounts sufficient to cause disease or harmful physiological effects. For purposes of this chapter, water may be rendered potable by adding chlorine bleach at the rate of one (1) gallon of bleach for every 500 gallons of water.

(38) [ (39) ] Public water system--A system supplying water to a number of connections or individuals, as defined by current rules and regulations of the Texas Commission on Environmental Quality, 30 TAC Chapter 290.

(39) [ (40) ] Recharge zone--Generally, that area where the stratigraphic units constituting the Edward Aquifer crop out, including the outcrops of other geologic formations in proximity to the Edwards Aquifer, where caves, sinkholes, faults, fractures, or other permeable features would create a potential for recharge of surface waters into the Edwards Aquifer. The recharge zone is identified as that area designated as such in official maps in the appropriate regional office of the Texas Commission on Environmental Quality.

(40) [ (41) ] Recovery well--A well constructed for the purpose of recovering undesirable groundwater for treatment or removal of contamination.

(41) [ (42) ] Sanitary well seal--A watertight device to maintain a junction between the casing and the pump column.

(42) [ (43) ] Test well--A well drilled to explore for groundwater.

(43) [ (44) ] Undesirable water--Water that is injurious to human health and the environment or water that can cause pollution to land or other waters.

(44) [ (45) ] Water or waters in the state--Groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or non-navigable, and including the beds and banks of all watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state.

(45) [ (46) ] Well--A water well, test well, injection well, dewatering well, monitoring well, closed loop geothermal [ closed heat loop ] well, piezometer well, observation well, or recovery well.

(46) [ (47) ] State of Texas Well Report (Well Log)--A log recorded on forms prescribed by the Department, at the time of drilling showing the depth, thickness, character of the different strata penetrated, location of water-bearing strata, depth, size, and character of casing installed, together with any other data or information required by the Executive Director.

§76.201.Requirements for Issuance of a License.

(a) A completed application, accompanied by the required examination fee, must be submitted by each person desiring to obtain a well driller's and/ or pump installer's license.

(b) After [ Within 90 days after ] approval, each applicant desiring a well driller’s and/or pump installer’s license must pass the General Well Driller and/or General Pump Installer examination(s) and any designated well driller and/or pump installer examination(s) for license issuance eligibility [ an examination ].

(c) Upon passing the examination(s) [ examination ], an applicant must submit the required license fee to the Department.

(d) A licensee, not licensed to perform all types of well drilling and pump installation, may apply for designation for additional types of well drilling or pump installation. Applications for additional designations shall be accompanied by the appropriate application fee, and shall contain all information required by these rules for an initial license. Upon examination of the applicant's qualifications, the Executive Director shall deny or grant additional grades of licensure.

(1) An applicant who has demonstrated competency in all types of well drilling shall be deemed qualified for a master driller's license. [ the specific well drilling field shall be deemed qualified for licensing for either Water Well drilling, Dewatering Well drilling, Injection Well drilling, Monitoring Well drilling, or Geothermal closed heat loop drilling or a combination thereof, which are regulated under these Rules. ]

(2) An applicant who has demonstrated competency in all types of pump installation shall be deemed qualified for a master pump installer's license.

§76.204.License and Apprentice Registration Renewal.

(a) On or before the expiration date of the license or registration, the licensee or registrant shall pay an annual renewal fee to the Department and submit an application for renewal.

(b) To renew a license, the licensee is required to show proof of four (4) hours of continuing education with one (1) hour dedicated to the Water Well Driller/Pump Installer Statutes and Rules course.

(c) Late renewal fees for licenses and registrations issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).

(d) A person's registration will not be renewed unless their supervisor's well driller and/ or pump installer license is current.

(e) Requests to waive the Continuing Education requirements because the license holder does not supervise, contract with the public, or has retired from the drilling or pump service industry shall:

(1) be submitted in writing to the Department;

(2) contain a detailed explanation of the conditions under which the waiver is requested,

(3) be accompanied by the renewal fee, and

(4) be inactive for a minimum of one (1) year.

(f) To re-instate a driller and/or pump installer license to supervise and/or contract with the public, the driller and/or pump installer must submit four (4) hours of continuing education with one (1) hour dedicated to the Water Well Driller/Pump Installer Statutes and Rules course.

§76.205.Registration for Driller and/or Pump Installer Apprenticeship.

(a) A person who wishes to undertake a Department approved apprentice program under the supervision of a licensed well driller and/ or a licensed pump installer who has been licensed for a minimum of two (2) years, must submit a registration form to the Department and provide proof that the licensed well driller and/ or pump installer has agreed to accept the responsibility of supervising the training. A driller or pump installer may not supervise more than three apprentices at any one time. Persons [ Person's ] with both a well driller and a pump installer license may register a maximum of six apprentices (three of each type) at any one time.

(b) A registered pump installer apprentice shall represent his supervising pump installer during operations at the well site.

(c) The Department shall review driller and /or pump installer apprentice registration forms.

(d) A registered pump installer apprentice may not perform, or offer to perform, any services associated with procedures employed in the placement and preparation for operation of equipment and material used to obtain water from a water well except under the direct supervision of a licensed pump installer and according to the supervising pump installer’s express directions. A pump installer apprentice’s registration may be revoked for engaging in prohibited activities.

(e) Registration forms shall include:

(1) the name, business address, and permanent mailing address of the apprentice in training;

(2) the name, business address, and license number of the licensed driller and/ or pump installer who will supervise the training;

(3) a detailed description of the training program, including the types of wells to be drilled and/or the classifications of pumps to be installed, equipment used, safety training and procedures, and experience, knowledge, and qualification benchmarks while under the apprenticeship;

(4) the effective commencement and termination date of the training program;

(5) a statement by the licensed driller and/ or pump installer accepting financial responsibility for the activities of the apprentice associated with the training program or undertaken on behalf of the licensed driller or pump installer; and

(6) the signatures of the apprentice and the licensed driller and/ or pump installer and the sworn statement of both that the information provided is true and correct . [ ; and ]

[ (7) an attached one (1) hour Certificate of Completion of the Water Well Driller/Pump Installer Statutes and Rules course.]

(f) If the application conforms to the rules and the apprentice program meets Department requirements, the Department will notify the apprentice and the supervising driller and/ or pump installer that the applicant has been accepted as a registered driller and/ or pump installer apprentice and that the registration form shall remain in the Department’s files for the stated duration of the apprentice period.

(g) If the application and apprentice program do not conform to the rules or is not approved, the Department shall notify the apprentice and the apprentice's supervising driller and/or pump installer of the disapproval.

§76.206.Responsibilities of the Apprentice and Supervising Driller and/or Pump Installer.

(a) A registered driller/pump installer apprentice shall:

(1) represent his supervising driller/pump installer during operations at the well site;

(2) driller apprentice shall co-sign state well reports with the supervising driller; and

(3) perform services associated with drilling, deepening, or altering a well under the direct supervision of the supervising driller.

(b) A registered driller/pump installer apprentice may not perform, or offer to perform, any services associated with drilling, deepening, installing a pump or altering a well except under the direct supervision of a licensed driller/pump installer and/or according to the supervisor’s express directions. A driller/pump installer apprentice's registration may be revoked for engaging in prohibited activities.

(c) Upon completion of a training program of at least two (2) years, an apprentice may apply to obtain a well driller's and/ or pump installer’s license or renew the status as an apprentice. The supervising driller, pump installer, or apprentice may terminate the training program by written notice to the Department. A reason for termination is not required. Upon receipt of the notice, the Department shall terminate the apprentice’s status as a registered apprentice.

(d) Upon renewal of an apprentice registration, the supervising driller and/or pump installer shall provide the Department a written progress report on the aforementioned training segments in §76.205 (e) [ (f) ] (3) pertaining to the apprentice’s stated training program.

(e) A one (1) hour Certificate of Completion of the Water Well Driller/Pump Installer Statutes and Rules course shall accompany each apprentice registration renewal.

(f) The licensed driller and/ or licensed pump installer shall be present at the well site at all times during all operations or may be represented by a registered apprentice capable of immediate communication with the licensed driller or licensed pump installer at all times, provided that the licensed driller and /or licensed pump installer is less than one hour arrival time from the well site. The licensed driller shall visit the well site at least once each day of operation to direct the manner in which the operations are conducted.

(g) The supervising licensed driller and/ or licensed pump installer is responsible for compliance with the Texas Occupations Code, Chapters 1901 and 1902 and Department Rules.

(h) If the supervising driller or pump installer is unavailable, he may be represented by any other licensed driller or licensed pump installer employed by the same company who can be at the well site within one (1) hour.

§76.600.Responsibilities of the Department--Certification by the Executive Director.

(a) The Department shall evaluate the qualifications of license applicants.

(b) In assessing an applicant's qualifications, the Department shall examine the applicant's experience and competence in well drilling and/ or pump installing.

(c) An applicant, at the discretion of the Department, may not be certified for up to one-year following the revocation of the applicant's license or a finding that the applicant operated without a license.

(d) After assessing the qualifications of an applicant, the Department shall determine the type(s) of well drilling or pump installation, the applicant is competent to perform. Types of drilling , with license designations, include: (W) - water well; (M) - monitoring well; (C) - closed loop geothermal well; (N) - injection well; (D) - dewatering well; and (A) - master well driller which includes all designations previously listed [ include water well, monitoring well, geothermal heat loop well, injection well, and dewatering well ]. Types of pump installation, with license designations, include: (L) - windmills, hand pumps, and pump jacks; (P) - single phase pumps [ fractional to five horsepower ]; (K) - three phase pumps [ submersible five horsepower and over ]; (T) - line-shaft turbine pumps; and (I) - master water well pump installer which includes all designations previously listed.

(e) The Executive Director shall issue licenses to applicants who qualify.

§76.800.Fees.

(a) Exam Fees.

(1) General Well Driller exam fee is $100.

(2) [ (1) ] Water Well Driller exam fee is $50 [ $100 ].

(3) [ (2) ] Monitor Well Driller exam fee is $50 [ $100 ].

(4) Closed Loop Geothermal Well Driller exam fee is $50.

(5) [ (3) ] General Pump Installer exam fee is $100 [ $50 ].

(6) [ (4) ] Windmills, Hand Pumps and Pump Jacks exam fee is $50.

(7) [ (5) ] Pump Installer Single Phase [ Fractional to 5 Horse Power ] exam fee is $50.

(8) [ (6) ] Pump Installer Three Phase [ 5 Horse Power and Over ] exam fee is $50.

[ (7) Closed Loop Geothermal Well Driller exam fee is $50.]

(9) [ (8) ] Line Shaft Turbine Pumps exam fee is $50.

(b) Original [ Annual ] License , Registration, and Annual Renewal Fees.

(1) Driller's license is $215.

(2) Installer's license is $215.

(3) A combination Driller and Installer license is $325.

(4) Apprentice registration is $65.

(5) A combination Driller and Installer Apprentice registration is $115.

[ (c) License Renewal Fees.]

[ (1) Driller's renewal license is $215.]

[ (2) Installer's renewal license is $215.]

[ (3) A combination Driller and Installer renewal license is $325.]

[ (4) Apprentice renewal registration is $65.]

[ (5) A combination Driller and Installer Apprentice renewal registration is $115.]

(c) [ (d) ] Lost, revised, or duplicate license $25.

(d) [ (e) ] Variance request fee is $100.

§76.900.Disciplinary Actions.

If a person violates the Texas Occupations Code, Chapters 51, 1901 and 1902, or a rule or order, of the Executive Director or Commission relating to the Code, proceedings may be instituted to impose administrative sanctions and/or recommend administrative penalties in accordance with the Code or Texas Occupations Code, Chapter 51, and Chapter 60 of this title (relating to the Texas Commission of Licensing and Regulation).

§76.1000.Technical Requirements--Locations and Standards of Completion for Wells.

(a) (No change.)

(b) In all wells where plastic casing is used, except when a steel or polyvinyl chloride (PVC) sleeve or pitless adapter, as described in paragraph (3) of this subsection, is used, a concrete slab or sealing block shall be placed above the cement slurry around the well at the ground surface.

(1) - (4) (No change.)

(5) The annular space of a closed loop geothermal [ closed heat loop ] well used to circulate water or other fluids shall be backfilled to the total depth with impervious bentonite or similar material, closed loop injection well where there is no water or only one zone of water is encountered you may use sand, gravel or drill cuttings to back fill up to thirty (30) feet from the surface. The top thirty (30) feet shall be filled with impervious bentonite or similar materials and meets the standards pursuant to Texas Commission on Environmental Quality 30 TAC, Chapter 331.

(c) - (l) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 24, 2004.

TRD-200403496

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 4, 2004

For further information, please call: (512) 463-7348


16 TAC §76.707

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Licensing and Regulation or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal is proposed under Texas Occupations Code, Chapters 51, 1901 and 1902, which authorize the Department to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.

The statutory provisions affected by the repeal are those set forth in Texas Occupations Code, Chapters 51, 1901, and 1902. No other statutes, articles, or codes are affected by the repeal.

§76.707.Responsibilities of the Licensee--Adherence to Statutes and Codes.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 24, 2004.

TRD-200403497

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 4, 2004

For further information, please call: (512) 463-7348