OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN

Honorable John D. Reed, Commissioner Bureau of Labor Statistics Austin, Texas

Dear Sir:

on Division OpinionNo. 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 statutoryreq into effect, and pulously followed follows: spectionLaw contains
ew rule or amendment erein shouldbe scrut of such section reads as

ion or order is proamended,modified or a public hearing shall than ten (10)days beereof shallbe published 3) newspapers published and havtion in the State of Texas, such

in thenotice of the hearing prior to their adoption,
on two'(2) different days not more than ten (10)days apart andwithin thirty (30)days after the adoption of such rules, regulationsand orders;provided thatHonorable John D. Reed, Commissioner,Page 2

in lieu of publishing in newspapers the rules, regulationsand ordersby the Commissioner,as stated above, the Commissionermay publish and circulate said rules, regulationsand orders or the repeal, modification or amendment of any such rule, regulation or order in such form ormanner as he may determine;and such rules, regulations and orders shall become effectivewithin ten (10)days after date of notice of adoption thereof or final publication, or at such later time as the Commissionermay, in the rules, regulationsand orders, determine. The Commissioner is hereby authorized end empowered,in case of extreme emergency, to promulgate and enforce temporary rules? regulationsand orders as he may deem necessary,without publishing the same as hereinabove directed;provided,however, thatwhen such temporary rules, regulations or orders are adopted the same shallnot be effective for a period of more than twenty (20)days and no criminalprosecution, as hereinafter provided, shall be had until the provisions of Section 16 of thisAct have been compliedwith.*

Section 16, thus referred to, reads as follows:

"An affidavit under the seal of the Commissioner executed by said Commissioneror the Inspector of Eoilers or any Deputy Inspector, setting forth the terms of any order of the commissionerand that it has been adopted, promulgatedand published, and was in effect at any date during any period specified in suchaffidavit, shall be prima facie evidence of all such facts ani suchaff?.dcvit shall be admitted in evidence in any action, civil or criminal, involving such order and the publication thereofwithout 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 identicalnotice published in any three newspapers of general circulation in Texas which youm~aychoose. You should have the advertisement or notice publishedby 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 specifiedby you, if the ne?>rule is adppted, you may then publish the new rule "in such formsormanner" as may be determined. As you stated orally to thewriter 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 publicationand find no legal objection thereto.

?!e have, therefore, preparedthe 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 thoroughlyunderstoodby your office, or if we may otherwiseassist 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

COKMITTEEBY B.!?.B. CBAIRkAN

Ek.LEGAL NOTICE

Notice in conformity to the provisions of Sections 6 and 16 of the Texas Boiler InspectionLaw (Acts45th Legislature, Ch. 436, p. 893, as amended) is hereby given of a publichearing to be held at my office in the City of Austin, Travis County; Texas, on 1941, to - consideramending the Boiler Rules and Regulation: of February 23, 1938, heretoPore adopted by the Gommiasionerof the Bureau of Labor Statistics by adding theretoa new section to be known c':I;;,
as Rule 26, and reading as follows: "Rule 26. Foundation and Levels. All boilers, verticaland portable oil field locomotive types, shall be kept level and must be providedwith a suitable and substantial foundation, such as steel, concrete, brick, or stone. The vertical typemud 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 settingnot less than,12 inches from the floor or ground. All boilers'mud rims shall be accessible to the boiler inspector. No boilers bottom ormud rim shall be permitted to leak. It shallbe kept dry and free from dampness. The front section or smokebox of a locomotive type boiler shallhave a suitable foundation under this section to support the front part of the boiler that itmay be kept level at all times. Boilers that are not kept level and do not have substantialfoundations are subject to removal from serviceuntil suchprovisions are provided."

John D. Reed, Commissioner;Bureau of Labor StatisticsZEXEAS, in conformity to the provisions of Sections

6 and 16 of the Texas Boiler InspectionLaw (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 heretoforeadoptedby %e Commissionerof 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 introducedat the said hearing, that the safety of life and propertyrequires that said Rule 26 be promulgatedand passed,

NO%'

TESREFORZ, it is orderedby the Commissionerthat said Rule 26 shall be effective from and after October 1, 1941, and shallbe obeyedby a11 manufacturers of boilers and by all persons dealing in the sale of boilers and the installationthereof and all psrsons using saidboilers within the State of Texas, such new RuleNo. 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 providedwith a suitableand substantial foundation, suchas steel, concrete,brick, or stone. The vertic&& type mud rim or bottom of boilers' settings shallnot be less than 6 inches from,theground. The locomotive type boilers'mud rim or wet bottom, shall have the foundation of its settingnot 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 shallbe permitted to leak. It shall be kept dry and free from dampness.

The front section or smoke box of a locomotive typeboiler shallhave a suitable foundationunder 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 foundationsare 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 continuein full force and effect:

It is further ordered that in lieu of publication in newspapers that this order shall be published inbooklet form, copies ofwhich shallbe retainedby the Commissioner, Chief Boiler Inspectorand any authorizedBoiler Inspector; and anyone desiring a copymay obtain same by paying the actual cost of printing and handling.

Eg TESTIMONYWBBREOF, f have hereunto signedmy official signatureand 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