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        |  | 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. | 
      
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        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
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        |  | 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 |