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; or
   2. (2) performs pump installing work under the direct supervision of a licensed pump installer.
2. (b) A licensed driller or pump installer may directly supervise no more than three unlicensed persons at any time.
3. (c) A licensed driller or pump installer shall provide to the department, at the time of license renewal on a form prescribed by the department, a written list of all of the unlicensed assistants who the licensee directly supervises to perform drilling or pump installing work at the time of the renewal and who performed drilling or installing work under their supervision at any time during the previous 12 month period of the licensee's license term.

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 2 hour arrival time; and
   3. (3) inspects the well site at least once in every 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.

Source Note:The provisions of this §76.26 adopted to be effective March 1, 2013, 38 TexReg 1142.