HBA-MPA H.B. 2296 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2296 By: Bonnen Economic Development 3/18/1999 Introduced BACKGROUND AND PURPOSE Currently, language in the Health and Safety Code governing the installation and inspection of boilers does 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 does not apply to a pressure vessel or process steam generator, 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 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.