1. (a) A person not licensed to perform drilling or pump installing work may assist a licensed driller or pump installer provided that the unlicensed person is not primarily responsible for the drilling or installation operations, and provided that the unlicensed person:

   1. (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. (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.
2. (b) A licensed driller or pump installer may directly supervise no more than three (3) unlicensed persons at any time.
3. (c) At the time of license renewal, the licensed driller or pump installer must provide a department-approved form with a list of all unlicensed assistants the licensee directly supervises to perform drilling or pump installing work at the time of the renewal, including those supervised at any time during the previous twelve (12) month period.

4. (d) 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. (1) is present at the well site at all times during all drilling or pump installing operations; or
   2. (2) is represented at the well site by an 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. (3) inspects the well site at least once in every twenty-four (24) hour period of operation.
5. (e) The supervising licensee is responsible for ensuring that the unlicensed person performs drilling or pump installing work in compliance with the Code and this chapter.
6. (f) Any allegation of a violation of this chapter or the Code against an unlicensed person performing work as set forth in this chapter, shall be opened as a complaint against the supervising licensee.
7. (g) The provisions listed in subsection (c) are effective for water well driller and pump installer licenses that expire on or after May 1, 2013.
8. (h) An unlicensed assistant may not contract, bid, advertise and/or accept payment for drilling or pump installing services.

Source Note:The provisions of this §76.26 adopted to be effective March 1, 2013, 38 TexReg 1142; amended to be effective September 15, 2014, 39 TexReg 7090.