Title 16, Part 4

Adopted Rule Review

The Texas Department of Licensing and Regulation (Department) filed a notice of intent to review and consider for readoption, revision, or repeal Texas Administrative Code (TAC), Title 16, Chapter 76, concerning Water Well Drillers and Water Well Pump Installers. Texas Government Code §2001.039 requires state agencies to review their rules every four years to determine if the reasons for initially adopting the rules continue to exist. The rules implementing the Water Well Drillers and Water Well Pump Installers program under Texas Occupations Code, Chapter 1901 and 1902, were scheduled for this four-year review.

The Notice of Intent to Review 16 TAC Chapter 76 was published in the June 1, 2012, issue of the Texas Register (37 TexReg 4071). The Department reviewed these rules and determined that the rules are still essential in implementing the statutory provisions of Texas Occupations Code, Chapter 1901, concerning Water Well Drillers, and Chapter 1902, concerning Water Well Pump Installers. The rules provide details that are not found in the program statute but are necessary for implementation and operation of this program. For example, the rules detail the registration/licensing requirements and the fees that are specific to this program. In addition, Texas Occupations Code §1901.052 and §1902.052 specifically require that rules be adopted for this program.

The Notice of Intent to Review was distributed to persons internal and external to the agency, and the public comment period closed on August 17, 2012. The Department received no public comments in response to the Notice of Intent to Review.

The Texas Commission of Licensing and Regulation (Commission), the Department's governing body, readopted 16 TAC Chapter 76 in its current form. The Department may propose amendments in the future that may further clarify or supplement the existing rules. Any future proposed changes to the rules will be published in the Proposed Rules section of the Texas Register and will be open for public comment prior to final adoption by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

The rules are readopted by the Commission in accordance with Texas Government Code, §2001.039. This concludes the review of 16 TAC Chapter 76.

TRD-201205378

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: October 16, 2012