Adam Foster

1. Water Well Driller/Pump Installer
Program Update
TAGD Business Meeting
January 27, 2021
Adam Foster
Hydrologist, WWD/PI Program

2. COVID-19
TDLR
Majority of TDLR staff are working remotely
Delays in processing license renewals and applications
(emergency 120 day extension)
Virtual Board Meetings
WWD/PI
No overnight travel or in person meetings allowed at this
time
Limited field work

3. Sunset Review
1. Continuation with Advisory Board Reform
2. Deregulation (Polygraph Examiners, Auctioneers, and 3 types of Combative
Sports Licenses)
3. Consolidation of Barbering and Cosmetology
4. Driver Ed. and Parent-Taught Driver Ed. Reform
5. Transfer Used Auto Parts Recycler Program to Texas Department of Motor
Vehicles (NOT adopted)
6. Risk-Based Strategy to Guide Key Regulatory Functions
7. Licensing Model Reform

4. Issue 1
The State Has a Continuing Need for TDLR, but the Effectiveness of Its Advisory Boards Could Be
Improved.
Change in Statute
Rec. 1.1, Continue TDLR for 12 years and remove the statutory provision requiring TDLR programs
transferred to the agency on or after September 1, 2016, to undergo a limited scope Sunset review
in 2022–2023. Instead, these programs would undergo review during TDLR’s next Sunset review in
2033.
Rec. 1.2, Remove advisory board meeting requirements from statute and authorize TDLR to call
meetings as needed.
Rec. 1.3, Authorize TDLR to create interdisciplinary advisory boards to coordinate the expertise and
input for similar industries.
Rec. 1.4, Update the standard across-the-board requirements regarding board member training
and complaints.

5. Issue 6
TDLR Lacks a Data-Driven, Risk-Based Strategy to Guide Key Regulatory Functions and
Maximize Efficiency.
Change in Statute
Rec. 6.1, Require TDLR to establish a risk-based approach to inspections.
Rec. 6.2, Require TDLR to prioritize complaints based on the risk they pose to the public.
Management Action
Rec. 6.3, Direct TDLR to develop a comprehensive, data-driven strategy for assessing
program risks and setting regulatory priorities.

6. Issue 7
Key Elements of TDLR’s Statute and Rules Do Not Conform to Common Regulatory Standards.
Change in Statute
Rec. 7.1, Remove subjective licensure provisions from TDLR’s statute.
Rec. 7.2, Authorize TDLR to require disclosure of additional financial and controlling information of
applicants for certain business licenses.
Rec. 7.3, Clarify TDLR’s general authority to adopt rules requiring continuing education, as
necessary.
Rec. 7.4, Authorize TDLR to deny license renewal applications for noncompliant applicants.
Rec. 7.5, Provide TDLR general authority to order refunds.
Rec. 7.6, Require TDLR to collect, maintain, and make publicly available detailed statistical
information on complaints regarding its licensees.
Rec. 7.7, Authorize the Texas Commission of Licensing and Regulation to dismiss low-level
complaints and to delegate this authority to agency staff.

7. GCDs and TDLR
FY 2021
8 Investigations/Complaints
9 ABW Referrals
TDLR rules training for GCD staff can be done
virtually
Downhole Camera (1000’)
Sample Collection and Data Interpretation

8. 4-Year Rule Review (Chapter 76)
Began process in January
- Pump installation (electrical), piezometers, well reports,
and well construction in flood-prone areas
Soliciting input from stakeholders until mid-
February
Advisory board meeting in Spring
Send comments to water.well@tdlr.texas.gov

9. TWDB Commingling Study
Study brackish groundwater commingling issues statewide with focuses on Gulf Coast Aquifer,
Eagle Ford Shale Region, and Trans-Pecos Area.
 Identify key problems and possible solutions,
 Determine what qualifies as commingling,
 Determine where degradation occurs, and
 Determine if commingling of two poor quality zones is allowable.
First stakeholder update will be on Feb 5, 2021.
Send comments to David.Gunn@tdlr.texas.gov
Website: http://www.twdb.texas.gov/innovativewater/bracs/projects/Comingling/index.asp

10. Program Goals for 2021
Clear backlog of complaints received during COVID
Abandoned Well Database
Update program website, forms, and reports
Commingling Rule Review?

11. Questions?
AdamFoster
adam.foster@tdlr.texas.gov
512.202.8167