(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.

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; amended to be effective January 1, 2016, 40 TexReg 8756