By Bonnen H.B. No. 2296
76R3425 CMR-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of boilers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 755.001, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 755.001. DEFINITIONS. In this chapter:
1-7 (1) "Alteration" means a substantial change in an
1-8 original design.
1-9 (2) "Board" means the board of boiler rules.
1-10 (3) "Boiler" means:
1-11 (A) a heating boiler;
1-12 (B) a nuclear boiler;
1-13 (C) a power boiler; [or]
1-14 (D) an unfired steam boiler; or
1-15 (E) a process steam generator.
1-16 (4) "Certificate inspection" means the required
1-17 internal or external [a] boiler inspection, the report of which is
1-18 used by the chief inspector to decide whether to issue a
1-19 certificate of operation.
1-20 (5) "Certificate of operation" means a certificate
1-21 issued by the commissioner to allow the operation of a boiler.
1-22 (6) "Commissioner" means the commissioner of licensing
1-23 and regulation.
1-24 (7) "Department" means the Texas Department of
2-1 Licensing and Regulation.
2-2 (8) "External inspection" means an inspection of the
2-3 exterior of a boiler and its appurtenances that is made, if
2-4 possible, while the boiler is in operation.
2-5 (9) "Heating boiler" means a steam heating boiler, hot
2-6 water heating boiler, hot water supply boiler, or [lined] potable
2-7 water heater that is directly fired with oil, gas, solar energy,
2-8 electricity, coal, or other solid or liquid fuel.
2-9 (10) "High-temperature water boiler" means a water
2-10 boiler designed for operation at pressures exceeding 160 pounds per
2-11 square inch or temperatures exceeding 250 degrees Fahrenheit.
2-12 (11) "Hot water heating boiler" means a boiler
2-13 designed for operation at a pressure not exceeding 160 pounds per
2-14 square inch or temperatures not exceeding 250 degrees Fahrenheit at
2-15 or near the boiler outlet.
2-16 (12) "Hot water supply boiler" means a boiler designed
2-17 for operation at pressures not exceeding 160 pounds per square inch
2-18 or temperatures not exceeding 250 degrees Fahrenheit at or near the
2-19 boiler outlet if the boiler's:
2-20 (A) heat input exceeds 200,000 British thermal
2-21 units per hour;
2-22 (B) water temperature exceeds 210 degrees
2-23 Fahrenheit; or
2-24 (C) nominal water-containing capacity exceeds
2-25 120 gallons.
2-26 (13) "Inspection agency" means an authorized
2-27 inspection agency providing inspection services.
3-1 (14) "Inspector" means the chief inspector, a deputy
3-2 inspector, or an authorized inspector.
3-3 (15) "Internal inspection" means a complete and
3-4 thorough inspection of the interior waterside and fireside areas of
3-5 a boiler as construction allows.
3-6 (16) "Nuclear boiler" means a nuclear power plant
3-7 system, including its pressure vessels, piping systems, pumps,
3-8 valves, and storage tanks, that produces and controls an output of
3-9 thermal energy from nuclear fuel and the associated systems
3-10 essential to the function of the power system.
3-11 (17) "Portable power boiler" means a boiler primarily
3-12 intended for use at a temporary location.
3-13 (18) "Potable water heater" means a boiler designed
3-14 for operation at pressures not exceeding 160 pounds per square inch
3-15 and water temperatures not exceeding 210 degrees Fahrenheit if the
3-16 boiler's:
3-17 (A) heat input exceeds 200,000 British thermal
3-18 units per hour; or
3-19 (B) nominal water-containing capacity exceeds
3-20 120 gallons.
3-21 (19) "Power boiler" means:
3-22 (A) a high-temperature water boiler; or
3-23 (B) a boiler in which steam is generated at a
3-24 pressure exceeding 15 pounds per square inch for a purpose external
3-25 to the boiler.
3-26 (20) "Process steam generator" means an evaporator,
3-27 heat exchanger, or vessel in which steam is generated by the use of
4-1 heat resulting from the operation of a processing system that
4-2 contains a number of pressure vessels, such as used in the
4-3 manufacture of chemical and petroleum products.
4-4 (21) [(19)] "Repair" means the work necessary to
4-5 return a boiler to a safe and satisfactory operating condition
4-6 without changing the original design.
4-7 (22) "Safety appliance" means a safety device such as
4-8 a safety valve or a safety relief valve for a boiler provided to
4-9 diminish the danger of accidents.
4-10 (23) "Standard boiler" means a boiler that bears a
4-11 Texas stamp, the stamp of a nationally recognized engineering
4-12 professional society, or the stamp of any jurisdiction that has
4-13 adopted a standard of construction equivalent to the standard
4-14 required by the commissioner.
4-15 (24) [(20)] "Steam heating boiler" means a boiler
4-16 designed for operation at pressures not exceeding 15 pounds per
4-17 square inch.
4-18 (25) [(21)] "Unfired steam boiler" means an unfired
4-19 pressure vessel in which steam is generated. The term does not
4-20 include [a steam generating system that includes]:
4-21 (A) vessels known as evaporators or [;]
4-22 [(B)] heat exchangers; or
4-23 (B) [(C)] vessels in which steam is generated by
4-24 using the heat that results from the operation of a processing
4-25 system that contains a number of pressure vessels, as used in the
4-26 manufacture of chemical and petroleum products.
4-27 SECTION 2. Section 755.022(a), Health and Safety Code, is
5-1 amended to read as follows:
5-2 (a) This chapter does not apply to:
5-3 (1) boilers owned or operated by the federal
5-4 government;
5-5 (2) pressure vessels or process steam generators
5-6 [unfired steam boilers], other than steam collection or liberation
5-7 drums of process steam generators [unfired steam boilers]; [or]
5-8 (3) manually fired miniature boilers that:
5-9 (A) are constructed or maintained for
5-10 locomotives, boats, tractors, or stationary engines only as a hobby
5-11 for exhibition, recreation, education, or historical purposes and
5-12 not for commercial use;
5-13 (B) have an inside diameter of 12 inches or less
5-14 or a grate area of two square feet or less; and
5-15 (C) are equipped with a safety valve of adequate
5-16 size, a water level indicator, and a pressure gauge; or
5-17 (4) boilers that are designed for operation only at
5-18 atmospheric pressure and that are equipped with two independent
5-19 means to prevent the buildup of pressure.
5-20 SECTION 3. Sections 755.025(a) and (b), Health and Safety
5-21 Code, are amended to read as follows:
5-22 (a) The commissioner shall require each boiler to be
5-23 inspected internally and externally at the time of initial
5-24 installation and at subsequent intervals as provided by this
5-25 section. The commissioner may provide that the inspection be
5-26 performed by any inspector.
5-27 (b) Power boilers, unfired steam boilers, and steam
6-1 collection or liberation drums of process steam generators must
6-2 receive an annual certificate inspection and an annual external
6-3 inspection.
6-4 SECTION 4. Section 755.026(a), Health and Safety Code, is
6-5 amended to read as follows:
6-6 (a) With the approval of the commissioner and the inspection
6-7 agency that has jurisdiction for the power boiler, the interval
6-8 between internal inspections may be extended to a period not
6-9 exceeding a total of 48 months. For other unfired steam boilers or
6-10 steam collection or liberation drums of process steam generators,
6-11 the inspection interval may be extended to the next scheduled
6-12 downtime of the boiler, but not exceeding a total of 84 months.
6-13 SECTION 5. Section 755.027(a), Health and Safety Code, is
6-14 amended to read as follows:
6-15 (a) Not later than the 30th day after the date on which a
6-16 certificate inspection is performed by an authorized inspector, the
6-17 inspection agency employing the authorized inspector shall file a
6-18 report with the commissioner in the manner specified by the
6-19 department [stating:]
6-20 [(1) the condition of the boiler;]
6-21 [(2) the location of the boiler;]
6-22 [(3) the date of the inspection; and]
6-23 [(4) the name of the inspector].
6-24 SECTION 6. Section 755.029(a), Health and Safety Code, is
6-25 amended to read as follows:
6-26 (a) The commissioner shall issue to the owner or operator of
6-27 a boiler a certificate of operation for the boiler if [it is found]
7-1 after a certificate inspection:
7-2 (1) the boiler is found to be in a safe condition for
7-3 operation; and
7-4 (2) the owner or operator has paid the fees assessed
7-5 under Section 755.030.
7-6 SECTION 7. Sections 755.032(b), (c), and (d), Health and
7-7 Safety Code, are amended to read as follows:
7-8 (b) [The commissioner may adopt rules establishing
7-9 inspection procedures for the use of nondestructive examination
7-10 equipment to comply with the inspection requirements under Section
7-11 755.025.]
7-12 [(c)] The commissioner may exchange information, including
7-13 data on experience, with other authorities that inspect boilers or
7-14 their appurtenances, to obtain information necessary to adopt
7-15 rules.
7-16 (c) [(d)] The commissioner or a department employee may not
7-17 prescribe the make, brand, or kind of boilers or any appurtenances
7-18 on the boiler to purchase.
7-19 SECTION 8. This Act takes effect September 1, 1999.
7-20 SECTION 9. The importance of this legislation and the
7-21 crowded condition of the calendars in both houses create an
7-22 emergency and an imperative public necessity that the
7-23 constitutional rule requiring bills to be read on three several
7-24 days in each house be suspended, and this rule is hereby suspended.