Texas Attorney General Opinion: O-5139 Page: 3 of 3
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fenorable John D. Rieed, Comissioner - Page 3
Those boilers described in the foregoing Section
are those referred to in Section 2 as "otherwise specoifially
exempted in this Act." It will be noted that none of these
exceptions are based on any particular method or means by
which steam is generated, but upon use, Federal Control,
pressure, and supervision or inspection.
Section 4 reads in part as followas
"Section 4. The Coaaissinoner shall cause to be
inspected internally and externally not less frequently
than once each twelve (12) months eaoh stationary steam
boiler subject to the provisions of this Act. Each
portable steam boiler subject to the provisions of
this Aet shall be inspected externally each time It
is moved to a new location, provided that an internal
inspection shall be made of each such boiler at least
once each twelve (12) months. It such boilers referred
to herein are found, upon inspection, to be in a safe
condition for operation, a Certificate of OperatioA
shall be issued by the Commissioner for its operation
for a period not longer than one year from date of
such inspection. . . . "
Said section provides the procedure to be followed
where an inspected boiler io found *to be in an unsafe or
dangerous condition, " and for withholding of a Certifioate of
Operation by the Commaisaoner.
It is apparent that the purpose of this legislation
is to protect life and property from explosions of steam boilers.
You are advised it is our opinion that the class of
boilers desoribed in your letter are subject to your inspection,
unless exempted therefrom by one or more of the speoifloally
named exceptions enumerated in Section 3.
Yours very truly
2 3 ATTORNEY GESRAL OF TEXAS
RST A TANDavd . eath
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-5139, text, 1943; (texashistory.unt.edu/ark:/67531/metapth262397/m1/3/: accessed October 23, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.