H.B. No. 3257
AN ACT
relating to the regulation and inspection of boilers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 755.001(17), Health and Safety Code, is
amended to read as follows:
(17) "Portable [power] boiler" means a boiler
primarily intended for use at a temporary location.
SECTION 2. Section 755.022(a), Health and Safety Code, is
amended to read as follows:
(a) This chapter does not apply to:
(1) boilers owned or operated by the federal
government;
(2) pressure vessels or process steam generators,
other than steam collection or liberation drums of process steam
generators;
(3) manually fired miniature boilers that:
(A) are constructed or maintained for
locomotives, boats, tractors, or stationary engines only as a hobby
for exhibition, recreation, education, or historical purposes and
not for commercial use;
(B) have an inside diameter of 12 inches or less
or a grate area of two square feet or less; and
(C) are equipped with a safety valve of adequate
size, a water level indicator, and a pressure gauge;
(4) boilers that are designed for operation only at
atmospheric pressure and that are equipped with two independent
means to prevent the buildup of pressure; [or]
(5) steam cookers; or
(6) espresso machines.
SECTION 3. Section 755.025(e), Health and Safety Code, is
amended to read as follows:
(e) The commission by rule shall establish the subsequent
intervals and manner of inspection for a [A] portable [power]
boiler [must be inspected externally each time the boiler is moved
to a new location and must receive an internal inspection at least
annually].
SECTION 4. Chapter 755, Health and Safety Code, is amended
by adding Subchapter E to read as follows:
SUBCHAPTER E. REGULATION OF BOILERS AND FUEL GAS SYSTEMS
Sec. 755.071. RESTRICTION ON REGULATION. Notwithstanding
any other law, a state agency or political subdivision may not
restrict the use or installation of a specific fuel gas pipe product
that is approved for use and installation by the International Fuel
Gas Code.
Sec. 755.072. CONFLICT OF LAW.
To the extent of a conflict
between this subchapter and another law, this subchapter controls.
SECTION 5. As soon as practicable after the effective date
of this Act, the Texas Commission of Licensing and Regulation shall
adopt the rules necessary to implement the changes in law made by
this Act.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3257 was passed by the House on April
20, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3257 on May 22, 2017, by the following vote: Yeas 140, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3257 was passed by the Senate, with
amendments, on May 18, 2017, by the following vote: Yeas 29, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor