1-1 By: Bonnen (Senate Sponsor - Jackson) H.B. No. 2296
1-2 (In the Senate - Received from the House April 28, 1999;
1-3 April 29, 1999, read first time and referred to Committee on
1-4 Economic Development; May 6, 1999, reported favorably by the
1-5 following vote: Yeas 6, Nays 0; May 6, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of boilers.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 755.001, Health and Safety Code, is
1-11 amended to read as follows:
1-12 Sec. 755.001. DEFINITIONS. In this chapter:
1-13 (1) "Alteration" means a substantial change in an
1-14 original design.
1-15 (2) "Board" means the board of boiler rules.
1-16 (3) "Boiler" means:
1-17 (A) a heating boiler;
1-18 (B) a nuclear boiler;
1-19 (C) a power boiler; [or]
1-20 (D) an unfired steam boiler; or
1-21 (E) a process steam generator.
1-22 (4) "Certificate inspection" means the required
1-23 internal or external [a] boiler inspection, the report of which is
1-24 used by the chief inspector to decide whether to issue a
1-25 certificate of operation.
1-26 (5) "Certificate of operation" means a certificate
1-27 issued by the commissioner to allow the operation of a boiler.
1-28 (6) "Commissioner" means the commissioner of licensing
1-29 and regulation.
1-30 (7) "Department" means the Texas Department of
1-31 Licensing and Regulation.
1-32 (8) "External inspection" means an inspection of the
1-33 exterior of a boiler and its appurtenances that is made, if
1-34 possible, while the boiler is in operation.
1-35 (9) "Heating boiler" means a steam heating boiler, hot
1-36 water heating boiler, hot water supply boiler, or [lined] potable
1-37 water heater that is directly fired with oil, gas, solar energy,
1-38 electricity, coal, or other solid or liquid fuel.
1-39 (10) "High-temperature water boiler" means a water
1-40 boiler designed for operation at pressures exceeding 160 pounds per
1-41 square inch or temperatures exceeding 250 degrees Fahrenheit.
1-42 (11) "Hot water heating boiler" means a boiler
1-43 designed for operation at a pressure not exceeding 160 pounds per
1-44 square inch or temperatures not exceeding 250 degrees Fahrenheit at
1-45 or near the boiler outlet.
1-46 (12) "Hot water supply boiler" means a boiler designed
1-47 for operation at pressures not exceeding 160 pounds per square inch
1-48 or temperatures not exceeding 250 degrees Fahrenheit at or near the
1-49 boiler outlet if the boiler's:
1-50 (A) heat input exceeds 200,000 British thermal
1-51 units per hour;
1-52 (B) water temperature exceeds 210 degrees
1-53 Fahrenheit; or
1-54 (C) nominal water-containing capacity exceeds
1-55 120 gallons.
1-56 (13) "Inspection agency" means an authorized
1-57 inspection agency providing inspection services.
1-58 (14) "Inspector" means the chief inspector, a deputy
1-59 inspector, or an authorized inspector.
1-60 (15) "Internal inspection" means a complete and
1-61 thorough inspection of the interior waterside and fireside areas of
1-62 a boiler as construction allows.
1-63 (16) "Nuclear boiler" means a nuclear power plant
1-64 system, including its pressure vessels, piping systems, pumps,
2-1 valves, and storage tanks, that produces and controls an output of
2-2 thermal energy from nuclear fuel and the associated systems
2-3 essential to the function of the power system.
2-4 (17) "Portable power boiler" means a boiler primarily
2-5 intended for use at a temporary location.
2-6 (18) "Potable water heater" means a boiler designed
2-7 for operation at pressures not exceeding 160 pounds per square inch
2-8 and water temperatures not exceeding 210 degrees Fahrenheit if the
2-9 boiler's:
2-10 (A) heat input exceeds 200,000 British thermal
2-11 units per hour; or
2-12 (B) nominal water-containing capacity exceeds
2-13 120 gallons.
2-14 (19) "Power boiler" means:
2-15 (A) a high-temperature water boiler; or
2-16 (B) a boiler in which steam is generated at a
2-17 pressure exceeding 15 pounds per square inch for a purpose external
2-18 to the boiler.
2-19 (20) "Process steam generator" means an evaporator,
2-20 heat exchanger, or vessel in which steam is generated by the use of
2-21 heat resulting from the operation of a processing system that
2-22 contains a number of pressure vessels, such as used in the
2-23 manufacture of chemical and petroleum products.
2-24 (21) [(19)] "Repair" means the work necessary to
2-25 return a boiler to a safe and satisfactory operating condition
2-26 without changing the original design.
2-27 (22) "Safety appliance" means a safety device such as
2-28 a safety valve or a safety relief valve for a boiler provided to
2-29 diminish the danger of accidents.
2-30 (23) "Standard boiler" means a boiler that bears a
2-31 Texas stamp, the stamp of a nationally recognized engineering
2-32 professional society, or the stamp of any jurisdiction that has
2-33 adopted a standard of construction equivalent to the standard
2-34 required by the commissioner.
2-35 (24) [(20)] "Steam heating boiler" means a boiler
2-36 designed for operation at pressures not exceeding 15 pounds per
2-37 square inch.
2-38 (25) [(21)] "Unfired steam boiler" means an unfired
2-39 pressure vessel in which steam is generated. The term does not
2-40 include [a steam generating system that includes]:
2-41 (A) vessels known as evaporators or [;]
2-42 [(B)] heat exchangers; or
2-43 (B) [(C)] vessels in which steam is generated by
2-44 using the heat that results from the operation of a processing
2-45 system that contains a number of pressure vessels, as used in the
2-46 manufacture of chemical and petroleum products.
2-47 SECTION 2. Section 755.022(a), Health and Safety Code, is
2-48 amended to read as follows:
2-49 (a) This chapter does not apply to:
2-50 (1) boilers owned or operated by the federal
2-51 government;
2-52 (2) pressure vessels or process steam generators
2-53 [unfired steam boilers], other than steam collection or liberation
2-54 drums of process steam generators [unfired steam boilers]; [or]
2-55 (3) manually fired miniature boilers that:
2-56 (A) are constructed or maintained for
2-57 locomotives, boats, tractors, or stationary engines only as a hobby
2-58 for exhibition, recreation, education, or historical purposes and
2-59 not for commercial use;
2-60 (B) have an inside diameter of 12 inches or less
2-61 or a grate area of two square feet or less; and
2-62 (C) are equipped with a safety valve of adequate
2-63 size, a water level indicator, and a pressure gauge; or
2-64 (4) boilers that are designed for operation only at
2-65 atmospheric pressure and that are equipped with two independent
2-66 means to prevent the buildup of pressure.
2-67 SECTION 3. Sections 755.025(a) and (b), Health and Safety
2-68 Code, are amended to read as follows:
2-69 (a) The commissioner shall require each boiler to be
3-1 inspected internally and externally at the time of initial
3-2 installation and at subsequent intervals as provided by this
3-3 section. The commissioner may provide that the inspection be
3-4 performed by any inspector.
3-5 (b) Power boilers, unfired steam boilers, and steam
3-6 collection or liberation drums of process steam generators must
3-7 receive an annual certificate inspection and an annual external
3-8 inspection.
3-9 SECTION 4. Section 755.026(a), Health and Safety Code, is
3-10 amended to read as follows:
3-11 (a) With the approval of the commissioner and the inspection
3-12 agency that has jurisdiction for the power boiler, the interval
3-13 between internal inspections may be extended to a period not
3-14 exceeding a total of 48 months. For other unfired steam boilers or
3-15 steam collection or liberation drums of process steam generators,
3-16 the inspection interval may be extended to the next scheduled
3-17 downtime of the boiler, but not exceeding a total of 84 months.
3-18 SECTION 5. Section 755.027(a), Health and Safety Code, is
3-19 amended to read as follows:
3-20 (a) Not later than the 30th day after the date on which a
3-21 certificate inspection is performed by an authorized inspector, the
3-22 inspection agency employing the authorized inspector shall file a
3-23 report with the commissioner in the manner specified by the
3-24 department [stating:]
3-25 [(1) the condition of the boiler;]
3-26 [(2) the location of the boiler;]
3-27 [(3) the date of the inspection; and]
3-28 [(4) the name of the inspector].
3-29 SECTION 6. Section 755.029(a), Health and Safety Code, is
3-30 amended to read as follows:
3-31 (a) The commissioner shall issue to the owner or operator of
3-32 a boiler a certificate of operation for the boiler if [it is found]
3-33 after a certificate inspection:
3-34 (1) the boiler is found to be in a safe condition for
3-35 operation; and
3-36 (2) the owner or operator has paid the fees assessed
3-37 under Section 755.030.
3-38 SECTION 7. Sections 755.032(b), (c), and (d), Health and
3-39 Safety Code, are amended to read as follows:
3-40 (b) [The commissioner may adopt rules establishing
3-41 inspection procedures for the use of nondestructive examination
3-42 equipment to comply with the inspection requirements under Section
3-43 755.025.]
3-44 [(c)] The commissioner may exchange information, including
3-45 data on experience, with other authorities that inspect boilers or
3-46 their appurtenances, to obtain information necessary to adopt
3-47 rules.
3-48 (c) [(d)] The commissioner or a department employee may not
3-49 prescribe the make, brand, or kind of boilers or any appurtenances
3-50 on the boiler to purchase.
3-51 SECTION 8. This Act takes effect September 1, 1999.
3-52 SECTION 9. The importance of this legislation and the
3-53 crowded condition of the calendars in both houses create an
3-54 emergency and an imperative public necessity that the
3-55 constitutional rule requiring bills to be read on three several
3-56 days in each house be suspended, and this rule is hereby suspended.
3-57 * * * * *