16 Tex. Admin. Code § 76.26 - A Person Assisting Licensed Driller or Licensed Pump Installers
(a) A person not licensed or registered to
perform drilling or pump installing work may assist a licensed driller or pump
installer, pursuant to the Code, provided that the unlicensed person is not
primarily responsible for the drilling or installation operations, and provided
that the unlicensed person:
(1) performs
drilling work under the direct supervision of a licensed driller who has been
licensed for a minimum of two (2) years; or
(2) performs pump installing work under the
direct supervision of a licensed pump installer who has been licensed for a
minimum of two (2) years.
(b) For purposes of this Chapter and the
Code, a licensed driller or pump installer provides "direct supervision" to an
unlicensed assistant if the licensed driller or pump installer:
(1) is present at the well site at all times
during all drilling or pump installing operations performed by the assistant;
or
(2) is represented at the well
site by the unlicensed assistant, capable of immediate communication with the
licensed driller or pump installer at all times and the licensed driller or
pump installer is no more than a reasonable distance from the well site, but no
further than a two (2) hour arrival time; and
(3) inspects the well site at least once in
every twenty-four (24) hour period of operation.
(4) The requirements of paragraphs (2) and
(3) will expire June 1, 2016.
(c) The supervising licensee is responsible
for direct supervision of the unlicensed assistant, and for ensuring that the
unlicensed assistant performs drilling or pump installing work in compliance
with the Code and this Chapter.
(d)
Any allegation of a violation of this Chapter or the Code against an unlicensed
person performing drilling or installing work as an unlicensed assistant to a
driller without direct supervision, may be opened as a complaint against both
the licensee responsible for supervising the unlicensed person, and the
unlicensed person.
(e) An
unlicensed assistant may not contract, bid, advertise or accept payment for
drilling or pump installing services.
Notes
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