Bill Text: TX HB3289 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-19 - Referred to Natural Resources [HB3289 Detail]
Download: Texas-2013-HB3289-Introduced.html
83R2856 SLB-F | ||
By: Martinez | H.B. No. 3289 |
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relating to the licensing of professionals engaged in Texas | ||
pollutant discharge elimination system-related stormwater | ||
activity. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter K, Chapter 26, Water Code, is amended | ||
by adding Section 26.457 to read as follows: | ||
Sec. 26.457. TPDES-RELATED STORMWATER PROFESSIONALS; | ||
ADVISORY BOARD. (a) In this section: | ||
(1) "Stormwater" means rainfall runoff, including | ||
snow or ice melt during a rain event. | ||
(2) "TPDES" means the Texas pollutant discharge | ||
elimination system. | ||
(3) "TPDES-related stormwater activity" means | ||
professional, laboratory, training, contracting, or other services | ||
relating to the planning, development, implementation, inspection, | ||
construction, or monitoring of a stormwater pollution prevention | ||
project or activity requiring a permit issued by the commission | ||
under the TPDES. | ||
(4) "TPDES-related stormwater professional" means a | ||
person who engages in TPDES-related stormwater activity and is | ||
required to be licensed under Subsection (b). | ||
(b) A person who engages in a TPDES-related stormwater | ||
activity must hold a license issued by the commission under Chapter | ||
37. | ||
(c) The commission shall appoint a TPDES-related stormwater | ||
professionals advisory board to guide, advise, and make | ||
recommendations to the commission about matters related to | ||
licensing of TPDES-related stormwater professionals. The advisory | ||
board is composed of: | ||
(1) five members who are licensed as TPDES-related | ||
stormwater professionals, of whom at least four members must also | ||
be licensed as professional engineers with experience in civil | ||
engineering; | ||
(2) two members who are active members of an | ||
organization promoting environmental protection; and | ||
(3) two members who are active members of an | ||
organization promoting business interests. | ||
(d) Section 2110.008, Government Code, does not apply to the | ||
advisory board under Subsection (c). | ||
SECTION 2. Section 37.002, Water Code, is amended to read as | ||
follows: | ||
Sec. 37.002. RULES. The commission shall adopt any rules | ||
necessary to: | ||
(1) establish occupational licenses and registrations | ||
prescribed by Sections 26.0301, 26.3573, 26.452, [ |
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26.457 of this code, Sections 341.033, 341.034, 361.027, and | ||
366.071, Health and Safety Code, and Section 1903.251, Occupations | ||
Code; | ||
(2) establish classes and terms of occupational | ||
licenses and registrations; and | ||
(3) administer the provisions of this chapter and | ||
other laws governing occupational licenses and registrations under | ||
the commission's jurisdiction. | ||
SECTION 3. Section 37.003, Water Code, is amended to read as | ||
follows: | ||
Sec. 37.003. LICENSE OR REGISTRATION REQUIRED. A person | ||
may not engage in a business, occupation, or profession described | ||
by Section 26.0301, 26.3573, 26.452, [ |
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code, Section 341.033, 341.034, 361.027, 366.014, or 366.071, | ||
Health and Safety Code, or Section 1903.251, Occupations Code, | ||
unless the person holds the appropriate license or registration | ||
issued by the commission. | ||
SECTION 4. (a) Not later than January 1, 2014, the Texas | ||
Commission on Environmental Quality shall appoint the initial | ||
members of the TPDES-related stormwater professionals advisory | ||
board established under Section 26.457, Water Code, as added by | ||
this Act. Notwithstanding Section 26.457(c)(1), Water Code, as | ||
added by this Act, the initial members of the advisory board who are | ||
appointed under that subdivision are not required to be licensed as | ||
TPDES-related stormwater professionals but are required to be | ||
licensed as professional engineers with experience related to the | ||
implementation by this state of the national pollutant discharge | ||
elimination system stormwater program. | ||
(b) Not later than January 1, 2015, the Texas Commission on | ||
Environmental Quality, in consultation with the TPDES-related | ||
stormwater professionals advisory board established under Section | ||
26.457, Water Code, as added by this Act, shall adopt the rules | ||
required to implement the licensure of TPDES-related stormwater | ||
professionals under Section 37.003, Water Code, as amended by this | ||
Act. | ||
(c) Notwithstanding Section 26.457, Water Code, as added by | ||
this Act, a person employed as a TPDES-related stormwater | ||
professional is not required to hold a license under Section | ||
26.457, Water Code, as added by this Act, and is not subject to the | ||
imposition of a penalty for not holding a license under that section | ||
before January 1, 2016. | ||
(d) The Texas Commission on Environmental Quality shall | ||
administer the first examination for the licensure of TPDES-related | ||
stormwater professionals under the rules adopted by Section 37.002, | ||
Water Code, as amended by this Act, not later than June 1, 2015. | ||
(e) The Texas Commission on Environmental Quality shall | ||
publish the first roster of TPDES-related stormwater professionals | ||
as required by Section 37.014, Water Code, not later than January 1, | ||
2016. | ||
SECTION 5. (a) Before June 1, 2015, the Texas Commission | ||
on Environmental Quality shall issue a TPDES-related stormwater | ||
professional license required by Section 26.457, Water Code, as | ||
added by this Act, to a person if the person submits an application, | ||
a fee, and any other materials required by the commission and: | ||
(1) has at least three years of applicable experience | ||
relating to the Texas pollutant discharge elimination system | ||
stormwater program, including a minimum of two years in responsible | ||
charge; | ||
(2) holds a bachelor's or graduate degree from an | ||
accredited college or university in a science or engineering field | ||
relating to the Texas pollutant discharge elimination system | ||
stormwater program; | ||
(3) is a licensed professional engineer or a licensed | ||
architect; | ||
(4) has a high school diploma or its equivalent and has | ||
seven years of applicable experience relating to the Texas | ||
pollutant discharge elimination system stormwater program, | ||
including a minimum of six years in responsible charge; | ||
(5) holds an associate's degree from an accredited | ||
college in a science or engineering field relating to the Texas | ||
pollutant discharge elimination system stormwater program, and has | ||
two years of related experience, including a minimum of one year in | ||
responsible charge; or | ||
(6) is a licensed geologist with two years of | ||
applicable experience relating to the Texas pollutant discharge | ||
elimination system stormwater program, including a minimum of one | ||
year in responsible charge. | ||
(b) A license issued under this section is valid for two | ||
years and may be renewed in the same manner as a license issued to a | ||
person under the rules adopted by Section 37.002, Water Code, as | ||
amended by this Act. | ||
SECTION 6. This Act takes effect September 1, 2013. |