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 

boilers belonging to the Texas Prison 

Gentlemen :System. 

We have your letter of December 2, 1940, with reference to the inspection by your Department of boilers of the State Prison System. 

In your letter you refer to our Opinion No. O-2325, addressed to 

the Board of Control, which holds that the Board of Control has no authority 

to carry boiler insurance protection at various State institutions and agencies. You ask if this 6ame opinion applies to the Prison Board, reporting 

that the insurance company is still sending in 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, appear6 to answer your question. 

We attach a copy of thle opinion for your information, and direct your particular attention to the fourth paragraph, 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 should not 

properly inspect the State boilers in the same manner that boilers 

of all private individual6 are inspected." 

Subsequent to the release of 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 enclosed herewith for your information, and which held that the Prison System could pay for 

boiler inspection out of Item 12, Maintenance and Miscellaneous Appropriation, 

Senate Bill No. 427, Acts of the 46th Legislature, page 180. 

From your letter it would appear that the Prison System has made 

some kind of an arrangement with the Insurance Company to make these boiler 

inspections. 

Your attention is directed to Section 4 of Article 522lc, Vernon's 

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

Labor Statistics to inspect each steam boiler subject to the provisions of 

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

419 (Article 5221c, Vernon’s Civil Statutes). 

The Inrurance Company cannot make lnagectionr of the boilerr in quention under Section 5 of mid Article 522lc, an thir section provider for the 

inrpection by inepectorr for the Insurance Company of boilerr on which the 

Insurance Company has issued a policy of insurance after inspection thereof, 

and exempts from further inrpection boilers inspected by the Insurance Company. 

Section 10 of said Article 5221~ reads in part: 

“The Commissioner may cause the inspection provided for in 

this Act to be made either by 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 boilers or 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 vested with full 

power and authority to determine the qualifications of any applicant or other person seeking a commission a8 inspector, by 

examination. * * +" 

Under Section 10, supra, it is specifically provided that the Commissioner may authorize the inspection of any boiler by 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 accept his 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 Gerald C. Mann 

ATTORNEY GEXRRALOFTEXAS 

DBD:RS:LM 

ATTORNEX GRRRRALOFTRXAS 

BY 

D. Burle Davis6 

Assistant 

APPROVED 

opinion committee 

BY BIA'B 

chairman