Administrative Rule Review Adoption

Chapter 65. Boilers
(effective January 25, 2019)

The Texas Department of Licensing and Regulation (Department) filed a Notice of Intent to Review and consider for re-adoption, revision, or repeal 16 Texas Administrative Code (TAC), Chapter 65, relating to the Boilers program. The Notice of Intent to Review was published in the August 24, 2018, issue of the Texas Register (43 TexReg 5545). The public comment period closed on September 24, 2018.

Texas Government Code §2001.039 requires state agencies to review their rules every four years to determine if the reasons for initially adopting the rules continue to exist. The rules implementing the Boilers program under Texas Health and Safety Code, Chapter 755, were scheduled for this four-year review.

The Department reviewed these rules and determined that the rules are still essential in implementing the statutory provisions of Texas Health and Safety Code, Chapter 755. The rules provide details that are not found in the program statute but are necessary for implementation and operation of this program. For example, the Boiler rules: define terms that are used in the program; establish licensing, certification, and commissioning requirements; establish detailed inspection requirements; adapt Texas requirements to operate in synchrony with national boiler standards; specify the duties and responsibilities of inspectors, owners, and operators; provide complex technical requirements; and establish fees specific to the program. The Department received two public comments in response to the Notice of Intent to Review.

One commenter recommended that the membership of the boiler Board be changed from including three members who represent companies that insure boilers in Texas to instead include three members representing authorized inspection agencies, because the majority of authorized inspection agencies are not insurance companies and therefore cannot have representatives on the Board. The second commenter referenced §65.213, which prohibits HLW boilers (potable water heaters) from being incorporated into a hot water heating system as a hot water heating boiler, and asked if these boilers could be grandfathered until replacement is necessary.

At its meeting on January 11, 2019, the Texas Commission of Licensing and Regulation (Commission), the Department’s governing body, readopted the rules at 16 TAC, Chapter 65, Boilers, in their current form. As a result of this review process, the Department may propose amendments in the future that may further clarify or supplement the existing rules. Any future proposed changes to the rules will be published in the Proposed Rules section of the Texas Register and will be open for public comment prior to final adoption by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

The rules are re-adopted by the Commission in accordance with Texas Government Code, §2001.039. This concludes the review of 16 TAC, Chapter 65, Boilers.

Issued in Austin, Texas on January 25, 2019.

Brad Bowman
General Counsel
Texas Department of Licensing and Regulation