### T~E&~ORNEY GENERAL OFI'EXAS

Bur64u of Labor 8t4ti6tiC6 Attention: Mr. c. E. stewart Austin, Texar opinion No. 

### o-2946 Re: The inspection of State owned boilersbelonging

to the Texas Prison Gentlemen

: System. We have your letter of December2, 1940,with reference to the inspection

by your Department of boilers of the State Prison System. In your letteryou refer to our Opinion No. O-2325,addressed to the Board of Control, which holds that the Board of Controlhas no authority to carryboiler insurance protection

at various State institutions and agencies. You ask if this 6ame opinionappliesto the Prison Board, reporting that the insurance companyis still sendingin their inspection reports,

but that if they have no authority to carry insurance

you would like to have your inspector6

look after these boilers when they are in that territory. Our Opinion

No. Q-1100,Sup., addressed to Honorable

0. J. S. Ellin$- son, General

Manager,

Texas Prison System,appear6to answeryour question. We attach a copy of thle opinionfor your information, and directyour particular attention

to the fourthparagraph, which reads: 'We understand

from you that it is very important the boiler6 belonging

to the penitentiary system be inspected

at regular intervals by competent

boiler inspectore.We call attention to the fact that the Iabor Commissioner of Texaa is charged with the responslbility of having all boilers in Texas inspected at certain

times or intervals,

and we know of no reason why that department shouldnot properlyinspect

the Stateboilers in the same manner that boilers of all private individual6 are inspected." Subsequent

to the releaseof Opinion No. o-1100,Sup., this department directed,

on March 22, 1940, to Honorable 0. J. S. Ellingson, General Manager,

Texas Prison System,Opinion **0-1168,** a copy of which is enclosedherewith for your information, and which held that the Prison System couldpay for boiler inspection

out of Item 12, Maintenance and Miscellaneous

Appropriation, SenateBill No. 427, Acts of the 46th Legislature, page 180. From your letter it would appear that the Prison Systemhas made some kind of an arrangement with the Insurance Companyto make these boiler inspections.

Your attention

is directed

to Section4 of Article 522lc, Vernon's Civil Statutes,

which makes it the duty of the Commissioner of the Bureau ofBureau of Labor Statietlcs, Page 2 (o-2946)

Labor Statistics

to inspect

each steamboiler subject to the provisions

of Act8 1937, 45th Legislature, page 483, ch. 436, ao amended by House Bill No. 419 (Article

5221c, Vernon’sCivil Statutes). The Inrurance

Companycannot

make lnagectionr of the boilerr in quention under Section5 of mid Article 522lc, an thir section providerfor the inrpection

by inepectorr

for the Insurance

Companyof boilerr on which the Insurance

Company

has issueda policy of insurance after inspection

thereof, and exemptsfrom further inrpection boilers inspected

by the Insurance

Company. Section10 of said Article 5221~ reads in part: “The Commissioner

may cause the inspection providedfor in this Act to be made eitherby the inspector of boilers or any deputy inspector,

or by eny qualified boiler inspector

employed by any county,or city and county,or city, or any insurance company,

provided

that such persons

making Qmp@ions (other than the inspector of boilersor deputy inspectors regularly employ@ by the Commissioner) shall first obtain from the Commissioner

a Commission

as inspector

showing

his qualifications to make such inspections.The Commissioner is vestedwith full power and authority to determine

the qualifications of any applicant or other person seeking a commission

a8 inspector,

by examination. * * +" Under Section10, supra, it is specifically provided

that the Commissioner

may authorize

the inspection

of any boilerby any qualified boiler inspector

of an Insurance

company,

provided

that such insurance Inspector

shall first obtain from the Commissioner a commission

as inspector

showing

hi8 qualifications

to make such inspection. If the insurance

company's

commissioned

inspector

inspects

aaid boiler, the Commissioner

may accepthis report, but if the Commissioner does not wish to accept such report, he may make, or cause to be made, the proper inspection. Trusting

that the foregoing

answers

your question,

we remain Yours very truly APPROVED

JAR 10, 1941 Id GeraldC. Mann ATTORNEY

GEXRRALOFTEXAS

DBD:RS:LM ATTORNEX GRRRRALOFTRXAS

BY D. Burle Davis6

Assistant APPROVED opinioncommittee BY BIA'B chairman