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A BILL TO BE ENTITLED
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AN ACT
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relating to the exemption of miniature boilers that are integrated |
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as a component of a medical device regulated by the United States |
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Food and Drug Administration and unfired pressure vessels contained |
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within an autoclave from boiler inspection requirements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 755.001, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 755.001. DEFINITIONS. In this chapter: |
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(1) "Alteration" means a substantial change in an original |
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design. |
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(2) "Board" means the board of boiler rules. |
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(3) "Boiler" means: |
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(A) a heating boiler; |
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(B) a nuclear boiler; |
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(C) a power boiler; |
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(D) an unfired steam boiler; or |
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(E) a process steam generator. |
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(4) "Certificate inspection" means the required internal or |
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external boiler inspection, the report of which is used by the chief |
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inspector to decide whether to issue a certificate of operation. |
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(5) "Certificate of operation" means a certificate issued |
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by the executive director to allow the operation of a boiler. |
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(6) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(7) "Department" means the Texas Department of Licensing |
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and Regulation. |
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(7-a) "Executive director" means the executive director |
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of the department. |
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(8) "External inspection" means an inspection of the |
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exterior of a boiler and its appurtenances that is made, if |
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possible, while the boiler is in operation. |
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(9) "Heating boiler" means a steam heating boiler, hot water |
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heating boiler, hot water supply boiler, or potable water heater |
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that is directly fired with oil, gas, solar energy, electricity, |
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coal, or other solid or liquid fuel. |
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(10) "High-temperature water boiler" means a water boiler |
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designed for operation at pressures exceeding 160 pounds per square |
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inch or temperatures exceeding 250 degrees Fahrenheit. |
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(11) "Hot water heating boiler" means a boiler designed for |
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operation at a pressure not exceeding 160 pounds per square inch or |
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temperatures not exceeding 250 degrees Fahrenheit at or near the |
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boiler outlet. |
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(12) "Hot water supply boiler" means a boiler designed for |
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operation at pressures not exceeding 160 pounds per square inch or |
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temperatures not exceeding 250 degrees Fahrenheit at or near the |
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boiler outlet if the boiler's: |
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(A) heat input exceeds 200,000 British thermal units |
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per hour; |
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(B) water temperature exceeds 210 degrees Fahrenheit; |
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or |
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(C) nominal water-containing capacity exceeds 120 |
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gallons. |
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(13) "Inspection agency" means an authorized inspection |
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agency providing inspection services. |
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(14) "Inspector" means the chief inspector, a deputy |
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inspector, or an authorized inspector. |
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(15) "Internal inspection" means a complete and thorough |
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inspection of the interior waterside and fireside areas of a boiler |
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as construction allows. |
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(16) "Miniature boilers" means boilers designed and |
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constructed not to exceed the following dimensions: |
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(a) 16 inches inside diameter of shell; |
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(b) 20 square feet of heating surface (not applicable |
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to electric boilers); |
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(c) 5 cubic feet of gross volume exclusive of casing |
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and insulation; and |
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(d) 100 psig maximum allowable working pressure. |
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(17) (16) "Nuclear boiler" means a nuclear power plant |
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system, including its pressure vessels, piping systems, pumps, |
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valves, and storage tanks, that produces and controls an output of |
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thermal energy from nuclear fuel and the associated systems |
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essential to the function of the power system. |
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(18) (17) "Portable boiler" means a boiler primarily intended |
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for use at a temporary location. |
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(19) (18) "Potable water heater" means a boiler designed for |
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operation at pressures not exceeding 160 pounds per square inch and |
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water temperatures not exceeding 210 degrees Fahrenheit if the |
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boiler's: |
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(A) heat input exceeds 200,000 British thermal units |
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per hour; or |
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(B) nominal water-containing capacity exceeds 120 |
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gallons. |
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(20) (19) "Power boiler" means: |
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(A) a high-temperature water boiler; or |
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(B) a boiler in which steam is generated at a pressure |
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exceeding 15 pounds per square inch for a purpose external to the |
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boiler. |
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(21) (20) "Process steam generator" means an evaporator, heat |
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exchanger, or vessel in which steam is generated by the use of heat |
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resulting from the operation of a processing system that contains a |
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number of pressure vessels, such as used in the manufacture of |
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chemical and petroleum products. |
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(22) (21) "Repair" means the work necessary to return a |
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boiler to a safe and satisfactory operating condition without |
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changing the original design. |
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(23) (22) "Safety appliance" means a safety device such as a |
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safety valve or a safety relief valve for a boiler provided to |
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diminish the danger of accidents. |
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(24) (23) "Standard boiler" means a boiler that bears a Texas |
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stamp, the stamp of a nationally recognized engineering |
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professional society, or the stamp of any jurisdiction that has |
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adopted a standard of construction equivalent to the standard |
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required by the executive director. |
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(24-a) (23 a) "Steam cooker" means a steam heating boiler |
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that is: |
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(A) designed to steam cook food; |
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(B) operated at a pressure not exceeding five pounds |
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per square inch; and |
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(C) equipped with a safety appliance operated at a |
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pressure not exceeding five pounds per square inch. |
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(25)(24) "Steam heating boiler" means a boiler designed for |
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operation at pressures not exceeding 15 pounds per square inch. |
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(26)(25) "Unfired steam boiler" means an unfired pressure |
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vessel in which steam is generated. The term does not include: |
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(A) vessels known as evaporators or heat exchangers; or |
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(B) vessels in which steam is generated by using the |
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heat that results from the operation of a processing system that |
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contains a number of pressure vessels, as used in the manufacture of |
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chemical and petroleum products. |
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SECTION 2. Subsection (a), Section 755.022, Health and |
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Safety Code, is amended to read as follows: |
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(a) This chapter does not apply to: |
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(1) boilers owned or operated by the federal |
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government; |
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(2) pressure vessels or process steam generators, other |
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than steam collection or liberation drums of process steam |
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generators; |
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(3) manually fired miniature boilers that: |
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(A) are constructed or maintained for |
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locomotives, boats, tractors, or stationary engines only as a hobby |
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for exhibition, recreation, education, or historical purposes and |
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not for commercial use; |
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(B) have an inside diameter of 12 inches or less |
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or a grate area of two square feet or less; and |
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(C) are equipped with a safety valve of adequate |
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size, a water level indicator, and a pressure gauge; |
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(4) boilers that are designed for operation only at |
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atmospheric pressure and that are equipped with two independent |
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means to prevent the buildup of pressure; |
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(5) steam cookers; or |
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(6) espresso machines; |
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(7) Miniature boilers, as defined in Sec. 755.001(16) |
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of this Chapter, that are integrated as a component of a medical |
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device regulated by the United States Food and Drug Administration; |
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or |
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(8) Unfired pressure vessels contained within an |
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autoclave. |
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SECTION 3. This Act takes effect September 1, 2023. |