reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.017. Registered Elevator Inspectors

Sec. 754.017.  REGISTERED ELEVATOR INSPECTORS.  (a)  In order to inspect equipment, an individual must:
(1)  be registered with the department;
(2)  attend educational programs approved by the department;
(3)  be certified as an inspector in accordance with the rules adopted by the commission;
(4)  comply with the continuing education requirements established by commission rule for registration renewal; and
(5)  pay all applicable fees.
(b)  A person assisting a registered elevator inspector and working under the direct, on-site supervision of the inspector is not required to be registered.
(c)  A registration expires on the first anniversary of the date of issuance.
(d)  A registered elevator inspector may not inspect equipment if the inspector or the inspector's employer has a financial or personal conflict of interest or the appearance of impropriety related to the inspection of that equipment.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 538 (S.B. 540), Sec. 5, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 538 (S.B. 540), Sec. 6, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 10, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 11, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.0171. Contractor Registration

Sec. 754.0171.  CONTRACTOR REGISTRATION.  (a)  A person may not install, repair, alter, test, or maintain equipment without registering as a contractor with the department as required by this chapter.
(b)  A contractor shall submit an application for registration or renewal of registration, as applicable, and pay appropriate fees to the department.  The registration application form shall require:
(1)  information concerning the background, experience, and identity of the applicant;
(2)  designation of and information regarding the responsible party or parties under Section 754.0173; and
(3)  documentation of fulfillment of the continuing education requirements for renewal of registration, if applicable.
(c)  A registration expires on the first anniversary of the date of issuance.
(d)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 558, Sec. 23(4), eff. September 1, 2013.
(e)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 558, Sec. 23(4), eff. September 1, 2013.
(f)  Installation, repair, alteration, testing, and maintenance standards for contractors must be consistent with ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, and ASCE Code 21.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1017 (H.B. 2643), Sec. 3, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 12, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 23(4), eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.0172. Inspection Fee

Sec. 754.0172.  INSPECTION FEE.  The amount charged for an inspection or the performance of an inspection of equipment under this chapter may not be contingent on the existence of a maintenance contract between the person performing the inspection and any other person.
Added by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Health & Safety Code Sec. 754.0171 and amended by Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 13, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.0173. Designation of Responsible Party or Parties

Sec. 754.0173.  DESIGNATION OF RESPONSIBLE PARTY OR PARTIES.  (a) Each contractor who registers with the department must designate at least one but not more than two responsible parties.
(b)  A responsible party designated under this section must:
(1)  have a minimum of three years of elevator contractor experience related to elevator installation, repair, and maintenance; and
(2)  comply with continuing education requirements as determined by commission rule in order for an elevator contractor to renew an elevator contractor registration.
(c)  The commission shall adopt rules regarding documentation of the completion of the continuing education to accompany the application for registration.
(d)  A responsible party may be added to or removed from the registration at any time by providing written notice to the department.  If a responsible party is added to a registration, the written notice must include evidence that the responsible party meets the requirements of this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1017 (H.B. 2643), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.018. Powers of Municipalities

Sec. 754.018.  POWERS OF MUNICIPALITIES.  Subject to Section 754.014(h), if a municipality operates a program for the installation, maintenance, alteration, inspection, testing, or certification of equipment, this chapter shall not apply to the equipment in that municipality, provided that the standards of installation, maintenance, alteration, inspection, testing, and certification are at least equivalent to those contained in this chapter.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 16, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.019. Duties of Owners

Sec. 754.019.  DUTIES OF OWNERS.  (a)  The owner shall:
(1)  have the equipment inspected annually by a registered elevator inspector, unless the equipment has been removed from service in accordance with commission rules;
(2)  obtain an inspection report from the inspector evidencing that all equipment in a building on the real property was inspected in accordance with this chapter and rules adopted under this chapter;
(3)  file with the executive director each inspection report, and all applicable fees, not later than the 30th calendar day after the date on which an inspection is made under this chapter;
(4)  display the certificate of compliance for the equipment in a publicly visible area as defined by commission rule; and
(5)  maintain the equipment in compliance with the standards and codes adopted under commission rules.
(b)  When an inspection report is filed, the owner shall submit to the executive director, as applicable:
(1)  verification that any deficiencies in the registered elevator inspector's report have been remedied or that a bona fide contract to remedy the deficiencies has been entered into; or
(2)  any application for delay or waiver of an applicable standard.
(c)  For the purpose of determining timely filing under Subsection (a)(3) and Section 754.016(b), an inspection report and filing fees are considered filed on the earlier of:
(1)  the date of personal delivery;
(2)  the date of postmark by United States mail if properly addressed to the executive director;  or
(3)  the date of deposit with a commercial courier service, if properly addressed to the executive director.
(d)  A fee may not be charged or collected for a certificate of compliance for an institution of higher education as defined in Section 61.003, Education Code.
(e)  An owner shall report to the department each accident involving equipment not later than 24 hours following the accident.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 538 (S.B. 540), Sec. 9, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 17, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 18, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 423 (H.B. 3741), Sec. 3, eff. June 10, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.020. Chief Elevator Inspector

Sec. 754.020.  CHIEF ELEVATOR INSPECTOR.  The executive director may appoint a chief elevator inspector to administer the equipment inspection and registration program.  The chief elevator inspector:
(1)  may not have a financial or commercial interest in the manufacture, maintenance, repair, inspection, installation, or sale of equipment; and
(2)  must possess the certification or obtain the certification required under Section 754.017 within six months after becoming chief elevator inspector.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 538 (S.B. 540), Sec. 10, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 19, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.021. List of Registered Elevator Inspectors and Contractors; Personnel

Sec. 754.021.  LIST OF REGISTERED ELEVATOR INSPECTORS AND CONTRACTORS; PERSONNEL.  The executive director shall:
(1)  compile a list of elevator inspectors and contractors who are registered with the department; and
(2)  employ personnel who are necessary to enforce this chapter.
Added by Acts 1993, 73rd Leg., ch. 65, Sec. 3, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 865, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 816, Sec. 9.001, 26.006, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 538 (S.B. 540), Sec. 11, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 20, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.0231. Inspections and Investigations

Sec. 754.0231.  INSPECTIONS AND INVESTIGATIONS.  (a)  Except as provided by Subsection (b), the department may conduct an inspection or investigation of equipment regulated under this chapter in accordance with Chapter 51, Occupations Code.  The department shall be granted access to any location in the building that is inaccessible to the public in order to conduct a full inspection or investigation of the equipment.
(b)  If there is good cause for the executive director to believe that equipment on the property poses an imminent and significant danger or that an accident involving equipment occurred on the property, the executive director or the executive director's designee may at any time enter the property to inspect the equipment or investigate the danger or accident.  The executive director or the executive director's designee must be granted access to any location in the building that is inaccessible to the public in order to conduct a full inspection or investigation.
Added by Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 21, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.0232. Registration Proceedings

Sec. 754.0232.  REGISTRATION PROCEEDINGS.  (a)  The commission or executive director may deny, suspend, or revoke a registration under this chapter and may assess an administrative penalty for:
(1)  obtaining registration by fraud or false representation;
(2)  falsifying a report submitted to the executive director; or
(3)  violating this chapter or a rule adopted under this chapter.
(b)  Proceedings for the denial, suspension, or revocation of a registration and appeals from these proceedings are governed by Chapter 2001, Government Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 21, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.0233. Injunctive Relief; Civil Penalty

Sec. 754.0233.  INJUNCTIVE RELIEF; CIVIL PENALTY.  (a)  The attorney general or the executive director may institute an action for injunctive relief to prevent or restrain a violation or threatened violation of this chapter or a rule adopted under this chapter.
(b)  The attorney general or the executive director may institute an action to collect a civil penalty from a person that appears to be violating or threatening to violate this chapter or a rule adopted under this chapter.  A civil penalty assessed under this subsection may not exceed $5,000 per day for each violation.
(c)  An action filed under this section must be filed in a district court in Travis County.
(d)  The attorney general and the department may recover reasonable expenses incurred in obtaining injunctive relief or civil penalties under this section, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses.
Added by Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 21, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.0234. Emergency Orders

Sec. 754.0234.  EMERGENCY ORDERS.  (a)  The executive director may issue an emergency order as necessary to enforce this chapter if the executive director determines that an emergency exists requiring immediate action to protect the public health and safety.
(b)  The executive director shall issue an emergency order in accordance with Chapter 51, Occupations Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 21, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.0235. Orders to Disconnect Power to or Lock Out Equipment

Sec. 754.0235.  ORDERS TO DISCONNECT POWER TO OR LOCK OUT EQUIPMENT.  (a)  An emergency order issued in accordance with Section 754.0234 may also direct an owner to disconnect power to or lock out equipment if:
(1)  the department determines imminent and significant danger to passenger or worker safety exists if action is not taken immediately; or
(2)  an annual inspection has not been performed in more than two years.
(b)  If an emergency order to disconnect power or lock out equipment is issued, the owner may have the power reconnected or the equipment unlocked only if a registered elevator inspector or contractor or a department representative verifies in writing to the department that the imminent and significant danger has been removed by repair, replacement, or other means.
(c)  If an emergency order to disconnect power or lock out equipment is issued and the owner later notifies the department that the imminent and significant danger no longer exists, the executive director or the executive director's designee shall, after the requirements of Subsection (b) are satisfied, issue written permission to reconnect power or unlock the equipment and notify the owner.
Added by Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 21, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.025. Application of Certain Law

Sec. 754.025.  APPLICATION OF CERTAIN LAW.  Sections 51.401 and 51.4041, Occupations Code, do not apply to this chapter, except those sections do apply to Sections 754.017 and 754.0171.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 9.001, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 935, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 558 (S.B. 673), Sec. 22, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 586 (H.B. 3742), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 754 - Elevators, Escalators, and Related Equipment › Section 754.026. Disclosure of E-Mail Address

Sec. 754.026.  DISCLOSURE OF E-MAIL ADDRESS.  Notwithstanding any other law, an e-mail address provided to the department relating to an inspection or review of plans under this chapter is not confidential and is subject to disclosure under Chapter 552, Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 5.001, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter B. Board of Boiler Rules › Section 755.011. Composition of Board

Sec. 755.011.  COMPOSITION OF BOARD.  (a)  The Board of Boiler Rules is in the department.
(b)  The board is composed of the following 11 members appointed by the presiding officer of the commission, with the commission's approval:
(1)  three members representing persons who own or use boilers in this state;
(2)  three members representing companies that insure boilers in this state;
(3)  one member representing boiler manufacturers or installers;
(4)  one member representing organizations that repair or alter boilers in this state;
(5)  one member representing a labor union; and
(6)  two public members.
(c)  All members except the members appointed under Subsection (b)(6) must have experience with boilers.  To the extent possible, at least four members should be professional engineers registered in this state.
(d)  The executive director serves as an ex officio board member.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 18, Sec. 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 816, Sec. 5.002, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 457 (H.B. 2548), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter B. Board of Boiler Rules › Section 755.012. Terms

Sec. 755.012.  TERMS.  Board members serve for staggered six-year terms, with the terms of three members expiring January 31 of each odd-numbered year.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter B. Board of Boiler Rules › Section 755.013. Presiding Officer

Sec. 755.013.  PRESIDING OFFICER.  The chief inspector serves as presiding officer of the board.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 5.003, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter B. Board of Boiler Rules › Section 755.014. Removal of Board Members; Vacancy

Sec. 755.014.  REMOVAL OF BOARD MEMBERS;  VACANCY.  (a)  The commission may remove a board member for inefficiency or neglect of official duty.
(b)  A board member's office becomes vacant on the resignation, death, suspension, or incapacity of the member.  The presiding officer of the commission shall appoint, in the same manner as the original appointment, a person to serve for the remainder of the unexpired term.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 5.004, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter B. Board of Boiler Rules › Section 755.015. Compensation

Sec. 755.015.  COMPENSATION.  A board member may not receive a salary but is entitled to reimbursement for actual expenses incurred in performing board duties.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter B. Board of Boiler Rules › Section 755.017. Powers and Duties

Sec. 755.017.  POWERS AND DUTIES.  The board shall advise the commission in the adoption of definitions and rules relating to the safe construction, installation, inspection, operating limits, alteration, and repair of boilers and their appurtenances.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 5.006, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter B. Board of Boiler Rules › Section 755.018. Majority Vote Required

Sec. 755.018.  MAJORITY VOTE REQUIRED.  A board decision is not effective unless supported by the vote of at least five board members.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter C. Boiler Registration and Inspection › Section 755.021. Registration and Certificate

Sec. 755.021.  REGISTRATION AND CERTIFICATE.  Except as provided by Section 755.022, each boiler operated in this state must:
(1)  be registered with the department;  and
(2)  have qualified for a current certificate of operation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter C. Boiler Registration and Inspection › Section 755.022. Exemptions for Certain Boilers

Sec. 755.022.  EXEMPTIONS FOR CERTAIN BOILERS.  (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;
(5)  steam cookers; or
(6)  espresso machines.
(b)  Heating boilers used to heat buildings that are exclusively for residential use and that have accommodations for not more than four families are exempt from Sections 755.025, 755.027, 755.029, and 755.030.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 498, Sec. 1, eff. Aug. 28, 1995;  Acts 1999, 76th Leg., ch. 352, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 88 (S.B. 506), Sec. 2, eff. May 18, 2013.
Acts 2017, 85th Leg., R.S., Ch. 284 (H.B. 3257), Sec. 2, eff. May 29, 2017.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter C. Boiler Registration and Inspection › Section 755.023. Appointment of Inspectors and Other Personnel

Sec. 755.023.  APPOINTMENT OF INSPECTORS AND OTHER PERSONNEL.  (a)  The executive director shall appoint a chief inspector of boilers to administer the boiler program.  The chief inspector must:
(1)  be a resident of this state and a citizen of the United States;
(2)  have at least five years' experience in the construction, installation, inspection, operation, maintenance, or repair of boilers;  and
(3)  pass a written examination that demonstrates the necessary ability to judge the safety of boilers.
(b)  The chief inspector may not have a commercial interest in the manufacture, ownership, insurance, or agency of boilers or boiler appurtenances.
(c)  As needed, the executive director shall appoint persons with qualifications similar to those of the chief inspector to serve as deputy inspectors.
(d)  The executive director may employ clerical assistants as necessary to carry out this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.008, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter C. Boiler Registration and Inspection › Section 755.024. Authorized Inspectors; Examinations

Sec. 755.024.  AUTHORIZED INSPECTORS;  EXAMINATIONS.  (a)  To be an authorized inspector, a person must obtain a commission as a boiler inspector from the executive director and must be continuously employed by an inspection agency.
(b)  The executive director, by written examination, shall determine the qualifications of an applicant for a commission to be an authorized inspector.
(c)  Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 5.014(1).
(d)  Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 5.014(1).
(e)  Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 5.014(1).
(f)  After proper investigation, the executive director may accept an inspection commission issued to a person by any other jurisdiction that has a written examination equal to that of this state.
(g)  For good cause, the executive director may rescind a commission issued by this state.
(h)  Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 5.014(1).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 230, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 816, Sec. 5.014(1), 26.009, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter C. Boiler Registration and Inspection › Section 755.025. Inspection

Sec. 755.025.  INSPECTION.  (a)  The executive director shall require each boiler to be inspected internally and externally at the time of initial installation and at subsequent intervals as provided by this section.  The executive director may provide that the inspection be performed by any inspector.
(b)  Power boilers, unfired steam boilers, and steam collection or liberation drums of process steam generators must receive an annual certificate inspection and an annual external inspection.
(c)  Steam heating boilers and hot water heating boilers must receive a certificate inspection biennially.
(d)  Hot water supply boilers and potable water heaters must receive a certificate inspection triennially.
(e)  The commission by rule shall establish the subsequent intervals and manner of inspection for a portable boiler.
(f)  The executive director shall designate the manner of inspection for nuclear boilers, the form of the inspection report, and the information to be reported.  The executive director and the owner of a nuclear boiler shall establish the intervals of inspection for the boiler.
(g)  The executive director may authorize the inspection of a boiler at any reasonable time if the executive director determines that the boiler may be in an unsafe condition.  The executive director shall notify the inspection agency that insures that boiler and request the authorized inspector employed by that agency to participate with the chief inspector or a deputy inspector in a joint inspection of the boiler not later than the 20th day after the date on which the executive director notifies the inspection agency.  An additional charge may not be made for the joint inspection.
(h)  Notwithstanding any other law, an e-mail address provided to the department relating to an inspection under this chapter is not confidential and is subject to disclosure under Chapter 552, Government Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 352, Sec. 3, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 816, Sec. 26.010, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 284 (H.B. 3257), Sec. 3, eff. May 29, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 6.001, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter C. Boiler Registration and Inspection › Section 755.027. Reports by Inspection Agency; Joint Inspections

Sec. 755.027.  REPORTS BY INSPECTION AGENCY;  JOINT INSPECTIONS.  (a)  Not later than the 30th day after the date on which a certificate inspection is performed by an authorized inspector, the inspection agency employing the authorized inspector shall file a report with the executive director in the manner specified by the executive director.
(b)  A boiler inspected by an authorized inspector is exempt from other inspections and inspection fees under this chapter, other than an inspection authorized under Section 755.025(g).
(c)  An inspection agency shall notify the executive director in writing of the cancellation or expiration of any insurance policy issued by that agency to cover a boiler located in this state, and shall include in the notice the reason for the cancellation or expiration.  The notice must state the date the policy was issued and the date on which the cancellation or expiration takes effect.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 352, Sec. 5, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 816, Sec. 26.012, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter C. Boiler Registration and Inspection › Section 755.028. Special Inspections

Sec. 755.028.  SPECIAL INSPECTIONS.  The executive director may provide a special inspection service to the owners, operators, and manufacturers of boilers.  The service may include surveys required for certification to construct, assemble, or repair boilers or pressure vessels.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.013, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter C. Boiler Registration and Inspection › Section 755.029. Certificate of Operation

Sec. 755.029.  CERTIFICATE OF OPERATION.  (a)  The executive director shall issue to the owner or operator of a boiler a certificate of operation for the boiler if after a certificate inspection:
(1)  the boiler is found to be in a safe condition for operation;  and
(2)  the owner or operator has paid the fees assessed under Section 755.030.
(b)  The certificate of operation is valid for not longer than the interval required for certificate inspections of that boiler.
(c)  A certificate of operation must be posted in a conspicuous place on or near the boiler for which it is issued.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 231, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 352, Sec. 6, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 816, Sec. 26.014, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 6.002, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter C. Boiler Registration and Inspection › Section 755.030. Fees

Sec. 755.030.  FEES.  (a)  In addition to the fees described by Section 51.202, Occupations Code, the commission may authorize the collection of fees for:
(1)  boiler inspections, including fees for special inspections;  and
(2)  other activities administered by the boiler inspection section and authorized by rule of the commission.
(b)  The commission shall consider the advice of the board in setting the amount of a fee for:
(1)  a boiler inspection, including a fee for a special inspection;
(2)  a certificate of operation;
(3)  the administration of an examination under this chapter;  or
(4)  any other activity administered by the boiler inspection section.
(c)  The fees, travel, and per diem collected under this chapter may be appropriated only to the department.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 474, Sec. 1, eff. June 11, 1991;  Acts 2001, 77th Leg., ch. 836, Sec. 4, eff. June 14, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.807, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 816, Sec. 5.007, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter C. Boiler Registration and Inspection › Section 755.032. Rules

Sec. 755.032.  RULES.  (a)  The commission may adopt and enforce rules, in accordance with standard boiler usage, for the construction, inspection, installation, use, maintenance, repair, alteration, and operation of boilers. The commission may adopt standards for an inspection agency to be authorized by the department to provide inspections under this chapter.
(b)  The executive director may exchange information, including data on experience, with other authorities that inspect boilers or their appurtenances, to obtain information necessary to adopt rules.
(c)  The executive director or a department employee may not prescribe the make, brand, or kind of boilers or any appurtenances on the boiler to purchase.
(d)  The executive director or a department employee may not prescribe the make, brand, or kind of boilers to purchase.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 352, Sec. 7, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 816, Sec. 5.008, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 574 (H.B. 3091), Sec. 1, eff. June 16, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter C. Boiler Registration and Inspection › Section 755.033. Interagency Inspection Agreements

Sec. 755.033.  INTERAGENCY INSPECTION AGREEMENTS.  (a)  The executive director shall enter into interagency agreements with the Department of State Health Services, the Texas Commission on Fire Protection, and the Texas Department of Insurance under which inspectors, marshals, or investigators from those agencies who discover unsafe or unregistered boilers in the course and scope of inspections conducted as part of regulatory or safety programs administered by those agencies are required to report the unsafe or unregistered boilers to the executive director.
(b)  The executive director may enter into analogous agreements with local fire marshals.
(c)  The commission shall adopt rules relating to the terms and conditions of an interagency agreement entered into under this section.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 233, eff. Sept. 1, 1991.  Amended by Acts 1991, 72nd Leg., ch. 628, Sec. 8, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 816, Sec. 5.009, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1508, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter D. Enforcement and Penalties › Section 755.041. Regulation of Unsafe Boilers

Sec. 755.041.  REGULATION OF UNSAFE BOILERS.  (a)  If an inspection shows that a boiler is unsafe, the chief inspector or any deputy inspector shall issue a written preliminary order requiring repairs and alterations as necessary to make the boiler safe for use.  The inspector may also order discontinuing the use of the boiler until the repairs and alterations are made or the unsafe conditions are remedied.
(b)  On written request, an owner or operator who does not comply with a preliminary order is entitled to a hearing before the executive director to show cause for not enforcing the preliminary order.  If, after the hearing, the executive director determines that the boiler is unsafe and that the preliminary order should be enforced, or that other acts are necessary to make the boiler safe, the executive director may order or confirm the withholding of the certificate of operation for that boiler, and may impose additional requirements as necessary for the repair or alteration of the boiler or the correction of the unsafe conditions.
(c)  The chief inspector may issue a temporary certificate of operation for a period not to exceed 30 days pending the completion of the replacement or repairs.
(d)  This section does not limit the executive director's authority under Section 755.028 or the commission's authority under Section 755.032.
(e)  A boiler that cannot be made safe for use shall be condemned and the use of that boiler prohibited.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 5.010, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter D. Enforcement and Penalties › Section 755.042. Prosecution; Injunction

Sec. 755.042.  PROSECUTION;  INJUNCTION.  (a)  A prosecution may not be maintained if the issuance or renewal of a certificate of operation has been requested for a boiler but has not been acted on.  However, the executive director may petition a district court for an injunction to restrain the operation of the boiler until the condition restraining its use is corrected and a certificate of operation is issued if the executive director determines that the operation of the boiler without a certificate of operation constitutes a serious menace to the life and safety of the persons in or about the premises.  The attorney general or the district or county attorney may bring the suit, and venue is in the county in which the boiler is located or in Travis County.  It is not necessary for the prosecutor to verify the pleadings or for the state to execute a bond.
(b)  The executive director's affidavit that a certificate of operation or an application for a certificate does not exist for a boiler, and the affidavit of the chief inspector or a deputy inspector that the operation of the boiler constitutes a menace to the life and safety of persons in or about the premises, are sufficient proof to warrant the immediate issuance of a temporary restraining order.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 234, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 816, Sec. 26.015, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter D. Enforcement and Penalties › Section 755.043. General Criminal Penalty

Sec. 755.043.  GENERAL CRIMINAL PENALTY.  (a)  A person, firm, or corporation commits an offense if:
(1)  the person, firm, or corporation owns a boiler in this state, has the custody, management, use, or operation of a boiler in this state, or is otherwise subject to this chapter or a rule adopted under this chapter;  and
(2)  the person, firm, or corporation violates this chapter, a rule adopted under this chapter, or an order issued by the commission, the executive director, or a regularly employed inspector authorized to enforce this chapter and rules and orders.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 235, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 816, Sec. 5.011, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter D. Enforcement and Penalties › Section 755.045. Notice of Rule or Order Required Before Prosecution

Sec. 755.045.  NOTICE OF RULE OR ORDER REQUIRED BEFORE PROSECUTION.  A criminal action may not be maintained against any person relating to the violation of a rule adopted or an order issued under this chapter until the commission gives notice of the rule or order.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 5.012, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter D. Enforcement and Penalties › Section 755.046. Affidavit of Orders

Sec. 755.046.  AFFIDAVIT OF ORDERS.  An affidavit is admissible as evidence in any civil or criminal action involving an order adopted by the commission or the executive director and the publication of the order, without further proof of the order's issuance or publication or of the contents of the order, if the affidavit:
(1)  is issued under the seal of the commission or the executive director;
(2)  is executed by the commission, the executive director, the chief inspector, or a deputy inspector;
(3)  states the terms of the order;
(4)  states that the order was issued and published;  and
(5)  states that the order was in effect during the period specified by the affidavit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 5.013, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter E. Regulation of Boilers and Fuel Gas Systems › Section 755.071. Restriction on Regulation

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 284 (H.B. 3257), Sec. 4, eff. May 29, 2017.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 755 - Boilers › Subchapter E. Regulation of Boilers and Fuel Gas Systems › Section 755.072. Conflict of Law

Sec. 755.072.  CONFLICT OF LAW.  To the extent of a conflict between this subchapter and another law, this subchapter controls.
Added by Acts 2017, 85th Leg., R.S., Ch. 284 (H.B. 3257), Sec. 4, eff. May 29, 2017.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter A. Covering Wells, Cisterns, and Holes › Section 756.001. Covering Large Well or Cistern; Criminal Penalty

Sec. 756.001.  COVERING LARGE WELL OR CISTERN;  CRIMINAL PENALTY.  (a)  The owner or operator of a well or cistern that is at least 10 feet deep and not less than 10 inches nor more than six feet in diameter shall keep it entirely covered at all times except when the owner or operator is actually using the well or cistern.
(b)  The cover required by this section must be capable of sustaining at least 200 pounds of weight.
(c)  A person commits an offense if the person fails to cover a well or cistern as required by this section.  An offense under this subsection is a misdemeanor punishable by a fine of not less than $100 or more than $500.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter A. Covering Wells, Cisterns, and Holes › Section 756.002. Covering or Plugging Small Well or Hole; Criminal Penalty

Sec. 756.002.  COVERING OR PLUGGING SMALL WELL OR HOLE;  CRIMINAL PENALTY.  (a)  A person who drills, digs, or otherwise creates or causes to be drilled, dug, or otherwise created a well or hole that is at least 10 feet deep and less than 10 inches in diameter may not abandon the hole unless the person first:
(1)  completely fills the well or hole from its total depth to the surface;  or
(2)  plugs the well or hole with a permanent plug not less than 10 feet from the surface and completely fills the well or hole from the plug to the surface.
(b)  A person commits an offense if the person abandons a well or hole in violation of this section.  An offense under this subsection is a misdemeanor punishable by a fine of not less than $100 or more than $500.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter B. Refrigerators and Other Containers › Section 756.011. Types of Refrigerators and Containers Covered

Sec. 756.011.  TYPES OF REFRIGERATORS AND CONTAINERS COVERED.  This subchapter applies only to a refrigerator, ice box, or other airtight or semi-airtight container that has:
(1)  a capacity of at least 1-1/2 cubic feet;
(2)  an opening of at least 50 square inches;  and
(3)  a door or lid equipped with a latch or other fastening device capable of securing the door or lid shut.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter B. Refrigerators and Other Containers › Section 756.012. Leaving Refrigerator or Container Accessible to Children

Sec. 756.012.  LEAVING REFRIGERATOR OR CONTAINER ACCESSIBLE TO CHILDREN.  (a)  A person may not place a container described by Section 756.011 outside of a structure or in a warehouse, storage room, or unoccupied or abandoned structure so that the container is accessible to children.
(b)  A person may not permit a container described by Section 756.011 to remain in an area specified by Subsection (a) so that the container is accessible to children.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter B. Refrigerators and Other Containers › Section 756.013. Criminal Penalty

Sec. 756.013.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Section 756.012.
(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $5 or more than $200.
(c)  Each day of a continuing violation constitutes a separate offense.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 9 - Safety › Subtitle A - Public Safety › Chapter 756 - Miscellaneous Hazardous Conditions › Subchapter C. Trench Safety › Section 756.021. Definition

Sec. 756.021.  DEFINITION.  In this subchapter, "trench" has the meaning assigned by the standards adopted by the Occupational Safety and Health Administration.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 237, eff. Sept. 1, 1991.