HBA-MPM, MPA H.B. 2296 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2296
By: Bonnen
Economic Development
9/22/1999
Enrolled





BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, language in the Health and Safety Code
governing the installation and inspection of boilers did not conform to the
American Society of Mechanical Engineers (ASME) standards.  Changes
bringing the two codes into conformance would allow the industry to comply
with mandatory construction requirements of the code faster and more
efficiently while cutting down on administrative duties for the Texas
Department of Licensing and Regulation.  H.B. 2296 brings current law into
accordance with previously adopted language from the ASME code.  This bill
clarifies that owners and operators of boilers would be required to pay the
fee for a boiler inspection prior to the issuance of a certificate of
inspection. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 755.001, Health and Safety Code, to define
"potable water heater," "process steam generator," "safety appliance," and
"standard boiler," and to redefine "boiler," "certificate inspection,"
"heating boiler," "internal inspection," "power boiler," and "unfired steam
boiler." 

SECTION 2.  Amends Section 755.022(a), Health and Safety Code, to provide
that this chapter (Boilers) does not apply to a pressure vessel or process
steam generators, rather than unfired steam boilers, other than steam
collection or liberation drums of process steam generators.  Provides that
this chapter does not apply to boilers that are designed for operation only
at atmospheric pressure and that are equipped with two independent means to
prevent the buildup of pressure.  Makes nonsubstantive changes. 

SECTION 3. Amends Sections 755.025(a) and (b), Health and Safety Code, to
require the commissioner of licensing and regulation (commissioner) to
require each boiler to be inspected internally and externally at the time
of initial installation and at subsequent intervals.  Provides that power
boilers, unfired steam boilers, and steam collection or liberation drums of
process steam generators must receive an annual certification inspection
and internal inspection. 

SECTION 4.  Amends Section 755.026(a), Health and Safety Code, to make a
conforming change. 

SECTION 5.  Amends Section 755.027(a), Health and Safety Code, to require
the inspection agency performing a certificate inspection to file a report
with the commissioner in a manner specified by the Texas Department of
Licensing and Regulation, rather than stating the condition and location of
the boiler, the date of the inspection, and  name of the inspector. 

SECTION 6.  Amends Section 755.029(a), Health and Safety Code, to require
the commissioner to issue a boiler certificate if the owner or operator has
paid the fees assessed under Section 755.030 (Fees).   Makes nonsubstantive
changes. 
 
SECTION 7.  Amends Sections 755.032(b), (c), and (d), Health and Safety
Code, to delete the authorization that the commission adopt rules
establishing inspection procedures for the use of nondestructive
examinations under Section 755.025.  Makes conforming and nonsubstantive
changes. 

SECTION 8.  Effective date: September 1, 1999.

SECTION 9.  Emergency clause.