No. M-0259 (1968).

• Case Date: July 16, 1968
• Court: Texas

Texas Attorney General Opinions 1968. No. M-0259 (1968). 1253July 16, 1968Honorable Howard B. BoswellExecutive DirectorTexas Water Development BoardP. O. Box 12386Capitol StationAustin, Texas 78711 Opinion No. M-259Re: Whether surety bond required by The Texas Water Well Drillers Act, Article 7621e, Section 16, V.C.S. covers faulty workmanship, labor and materials, and/or negligenceDear Mr. Boswell:In your recent request for opinion of this office, you stated that a question has arisen as to the effect and value of the bonding provisions contained in Article 7621e, Vernon's Civil Statutes, Section 16 (The Texas Water Well Drillers Act) which requires the maintenance of a $2,000 surety bond as a condition for obtaining a Water Well Drillers certificate; and specifically you question whether, in the absence of express statutory language, these provisions may be relied upon by the Water Development Board to require that the bond cover a judgment obtained against the driller for damages caused by faulty workmanship, labor and materials, and/or negligence". You have also enclosed a copy of the bond form supplied by the Texas Water Development Board to each applicant for registration, and you ask whether the bond does in fact provide such coverage. Said Section 16 of Article 7621e provides, in part, as follows:

"....before a registration certificate shall be issued, a bond executed by the applicant, as principal, and a surety company authorized to do business in this state as surety, shall be furnished the Commission in the principal sum of $2,000.00 for the use and benefit of any injured party

1254

and conditioned that the applicant will pay any judgment recovered by any person in any suit for damages or injury caused by a violation of the Act." (Emphasis Added)

There are various prohibitions contained in different parts of Article 7621e, but at no place does such Article provide, by outright prohibition or by necessary inference, that "faulty workmanship, labor and materials, and/or negligence", as such, shall constitute a violation of the Act. Section 7 of Article 7621e directs the Water Development Board to promulgate and adopt substantive rules defining standards of conduct governing registered water well drillers. In setting out grounds for revocation or suspension of a drillers certificate, Section 8(a) of Article...