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  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