OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable John D. Reed, Commissioner 

Bureau of Labor Statistics 

Austin, Texas 

Dear Sir: 

on Division 

Opinion No. O-3 

Re: ,Promulgation 

rules for Boiler 

We have your letter 

posed new rule which you sta 

in a new edition of the Boil 

ke to incorporate 

nd Regulations. YOU 

e to be followed in 

the statutory req 

into effect, and 

pulously followed 

follows: 

spection Law contains 

ew rule or amendment 

erein should be scrut of such section reads as 

ion or order is proamended, modified or 

a public hearing shall 

than ten (10) days beereof shall be published 

3) newspapers published and havtion in the State of Texas, such 

in the notice of the hearing prior to their adoption, 

on two'(2) different days not more than ten (10) days 

apart and within thirty (30) days after the adoption 

of such rules, regulations and orders; provided that 
Honorable John D. Reed, Commissioner, Page 2 

in lieu of publishing in newspapers the rules, regulations and orders by the Commissioner, as stated 

above, the Commissioner may publish and circulate 

said rules, regulations and orders or the repeal, 

modification or amendment of any such rule, regulation or order in such form or manner as he may determine; and such rules, regulations and orders shall 

become effective within ten (10) days after date of 

notice of adoption thereof or final publication, or 

at such later time as the Commissioner may, in the 

rules, regulations and orders, determine. The Commissioner is hereby authorized end empowered, in case 

of extreme emergency, to promulgate and enforce temporary rules? regulations and orders as he may deem 

necessary, without publishing the same as hereinabove 

directed; provided, however, that when such temporary 

rules, regulations or orders are adopted the same 

shall not be effective for a period of more than 

twenty (20) days and no criminal prosecution, as hereinafter provided, shall be had until the provisions 

of Section 16 of this Act have been complied with.* 

Section 16, thus referred to, reads as follows: 

"An affidavit under the seal of the Commissioner 

executed by said Commissioner or the Inspector of 

Eoilers or any Deputy Inspector, setting forth the 

terms of any order of the commissioner and that it 

has been adopted, promulgated and published, and was 

in effect at any date during any period specified in 

such affidavit, shall be prima facie evidence of all 

such facts ani such aff?.dcvit shall be admitted in 

evidence in any action, civil or criminal, involving 

such order and the publication thereof without further proof of such promulgation, adoption, or publication and without further proof of its contents." 

We have prepared and attach hereto copy of notice of 

public hearing. 

you should 

We have left blank the date of hearing, and 

insert the date of your choice, and then have the 

identical notice published in any three newspapers of general 

circulation in Texas which you m~ay choose. You should have 

the advertisement or notice published by the three separate 

newspapers on the same date. 
Sonorable John D. Xeed, Commissioner, Page 3 

After publication of notice and hearing held on the 

date specified by you, if the ne?> rule is adppted, you may then 

publish the new rule "in such forms or manner" as may be determined. As you stated orally to the writer that you wished to 

publish the rules, including the new rule, if adopted, in pamphlet or booklet form of the same style and format employed by 

your predecessors in office, we have checked the law~with reference to such publication and find no legal objection thereto. 

?!e have, therefore, prepared the forms to be used in 

such a publication, and submit same to be used, if, after such 

hearing, you adopt the new rule. 

If the above is not thoroughly understood by your office, or if we may otherwise assist you, do not hesitate to call 

upon us. 

Yours very truly 

APPROVED SEPT. 5, 1941 ATTORNEY GENERAL OF TEXAS 

/a/ Grover Sellers 

FIRST ASSISTANT 

ATTORNEY GENERAL 

BW:GO 

BY 

/a/ Benjamin Woodall 

Assistant 

ENCLOSXRE 

APFROVED OFIWIOIJ COKMITTEE BY B.!?.B. CBAIRkAN 

Ek. 
LEGAL NOTICE 

Notice in conformity to the provisions of Sections 

6 and 16 of the Texas Boiler Inspection Law (Acts 45th Legislature, Ch. 436, p. 893, as amended) is hereby given of a 

public hearing to be held at my office in the City of Austin, 

Travis County; Texas, on 1941, to - 

consider amending the Boiler Rules and Regulation: of February 

23, 1938, heretoPore adopted by the Gommiasioner of the Bureau 

of Labor Statistics by adding thereto a new section to be known c': I;;, 

as Rule 26, and reading as follows: "Rule 26. Foundation and 

Levels. All boilers, vertical and portable oil field locomotive types, shall be kept level and must be provided with a 

suitable and substantial foundation, such as steel, concrete, 

brick, or stone. The vertical type mud rim or bottom of 

boilers' settings shall not be less than 6 inches from the ground. 

The locomotive type boilers' mud rim or wet bottom, shall have 

the foundation of its setting not less than,12 inches from the 

floor or ground. All boilers' mud rims shall be accessible to 

the boiler inspector. No boilers bottom or mud rim shall be 

permitted to leak. It shall be kept dry and free from dampness. 

The front section or smoke box of a locomotive type boiler 

shall have a suitable foundation under this section to support 

the front part of the boiler that it may be kept level at all 

times. Boilers that are not kept level and do not have substantial foundations are subject to removal from service until 

such provisions are provided." 

John D. Reed, 

Commissioner; Bureau of 

Labor Statistics 
ZEXEAS, in conformity to the provisions of Sections 

6 and 16 of the Texas Boiler Inspection Law (Acts, 45th Legislature, 1937, Ch. 436, p. 893, as amended, Acts 46th Legislature, 1939, Ch. l,,%aboP, p. 433) the Commissioner, after due 

notice, has held a public hearing at Austin, Texas, on 

1941, to consider amending the Boiler Hul 

and Regulations oh February 23 1938 heretofore adopted by %e 

Commissioner of the Bureau of labor Qtatistics, by adding thereto a new section to be known as Rule 26; and 

XSRREAS, the Conmissioner finds from all the evidence 

heard and introduced at the said hearing, that the safety of 

life and property requires that said Rule 26 be promulgated and 

passed, 

NO%' TESREFORZ, it is ordered by the Commissioner that 

said Rule 26 shall be effective from and after October 1, 1941, 

and shall be obeyed by a11 manufacturers of boilers and by all 

persons dealing in the sale of boilers and the installation thereof and all psrsons using said boilers within the State of Texas, 

such new Rule No. 26 being as follows: 

Rule 26. Foundations and Levels 

All boilers, vertical and portable oil field 

locomotive types, shall be kept level and must be 

provided with a suitable and substantial foundation, 

such as steel, concrete, brick, or stone. The vertic&& type mud rim or bottom of boilers' settings 

shall not be less than 6 inches from,the ground. 

The locomotive type boilers' mud rim or wet bottom, 

shall have the foundation of its setting not less 

than 12 inches from the floor or ground. All boilers' mud rims shall be accessible to the boiler inspector. No boilers bottom or mut rim shall be permitted to leak. It shall be kept dry and free from 

dampness. 

The front section or smoke box of a locomotive 

type boiler shall have a suitable foundation under 

this section to support the front part of the boiler 

that it may be kept level at all times. Boilers 

that are not kept level and do not have substantial 

foundations are subject to removal from service until such. provisions are provided. 

-l- 
It is further ordered that the previous order of 

August 1, 1937, as amended by the order of February 23; 1938, 

shall continue in full force and effect: 

It is further ordered that in lieu of publication 

in newspapers that this order shall be published in booklet 

form, copies of which shall be retained by the Commissioner, 

Chief Boiler Inspector and any authorized Boiler Inspector; 

and anyone desiring a copy may obtain same by paying the actual cost of printing and handling. 

Eg TESTIMONY WBBREOF, f have hereunto signed my official signature and caused the seal of the Bureau of Labor. 

Statistics of the State of Texas to be affixed at the City of 

Austin, this the day of , A. D. 1941. 

(SEAL) 

Commissioner, Bureau of 

Labor Statistics