District Court Issues Permanent Injunction Against Local Water Well Driller

AUSTIN, April 4, 2012 - Leroy Franklin Spear, of Huffman, Texas, is ordered by the 261st District Court of Travis County, Texas, to immediately cease all water well drilling activity.

The court’s permanent injunction order against Spear, doing business as AB Water Well, is based on an action filed by the Texas Department of Licensing and Regulation that alleges Spear: unlawfully offered to act as a water well driller without holding a license; failed to pay previous outstanding violation penalties; and violated a Cease and Desist Order issued by the Texas Commission of Licensing and Regulation.

On July 28, 2008, Spear was ordered by the department to pay an administrative penalty of $20,000 based on the investigative findings that Spear:

• Drilled five water wells but failed within the required time to submit a copy of the well logs to the department,
• Offered to act as a water well driller without obtaining a water well driller license from the department, and
• Failed to properly locate seven water wells the minimum fifty (50) feet from property lines and failed to provide the proper surface completion.

Also, in an order issued on February 8, 2011, the department assessed an additional administrative penalty of $4,500 against Spear for offering to act as a water well driller by advertising his water well drilling business in local newspapers. Spear did not hold a water well driller license at the time of the advertisement campaign.

TDLR encourages Texas consumers to visit the department web site and verify a water well driller is licensed before hiring him or her to perform work. For more license information visit http://www.license.state.tx.us/LicenseSearch/.

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